Copyright and Fair Use Presentation Kelly Fortson ITEC 7445 Spring 2016

What is copyright? Copyright is defined as the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literacy, artistic, or musical material, and to authorize others to do the same. What is fair use? In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.

Copyright Misconceptions In a business context, to use more than brief quotations from copyrighted materials lawfully, you must ordinarily secure permission (or hold some other kind of licesnse) from the respective copyright holders or their agents. Even though some publishers present their content on public platforms and websites, it is still protected and cannot be manipulated for use by another person. Check your license agreement carefully before changing any copyrighted material from paper to an electronic version or viceversa. This could be a breech of agreement.

Area of Focus: Video Copyright Infringement: Do not use other creators’ work without their permission. Penalties can cost up to $150,000. Releases: Always have anyone appearing in your video sign a release. This protects you against legal issues. Recording Location: You have a right to video in public places. You will need a signed release for any recordirng occurring at somenone’s home or business. Legal Audio: If you use audio that you have not created (i.e. music and/or sound effects), you must obtain a license to use the audio in your video prior to recording. Stills and Images: If the images you are using in your video have not been created by you, you must first obtain permission from the owner to use the images before incorporating them into your video.

Area of Focus: Video Con’d. 6. Fair Use: Although some works are protected under the FairUse provision of the Copyright Law, if a copyright owner disagrees with your use, you may be facing a lawsuit and damages. Copyright Notice: Be sure to place a copyright notice on your video (© Your Name 2016). This allows the public to know that you own the video. This notice should be visible at the beginning or at the end of the video. Registration: Register your final work with the U.S. Copyright Office (www.copyright.gov). This step is simple and relatively inexpensive. Duration of Copyright: The duration period can range anywhere from life + 70 years to 120 years from creation. It’s your job to be informed of the regulations that pertain to your copyright.

Example # 1 of Copyright Infringement Vanilla Ice’s 1991 hit, Ice Ice Baby, sampled David Bowie and Queen’s song Under Pressure. Result: The case was settled out of court with Vanilla Ice paying an undeclared sum of money and giving credit to Bowie/Queen on the track. Signficance: DON’T use other people’s creative work without permission!

Example # 2 of Copyright Infringement In 2014, YouTube make-up star, Michelle Phan, was accused of regulaly using music clips in her videos without permission. Result: Phan countersued and the settlement deal has not been disclosed. However, you can be certain, that Phan has paid thousands in attorney fees alone. Significance: Make sure you have permission before using someone elses work!

Example # 3 of Copyright Infringement The producers of the movie, Captain Phillips (2013), were sued by 9 of the former seamen of the MV Maersk Alabama. The seamen sought unspecified monetary damages for the false portrayal of the actual event. The movie paints Captain Phillips as brave and a hero. The 9 seamen argue that it was Captain Phillips who chose to enter the pirate-infested waters to save time and money even with the numerous warnings that were received. Significance: Be honest! Make sure that your video is an accurate representation of the truth.

References Ellison, K. (2013). 5 famous copyright infringement cases (and what you can learn). Retrieved from: https://99designs.com/blog/tips/5-famous-copyright-infringement-cases/ on March 5, 2016.   Gardner, E. (2015). YouTube star Michelle Phan settles dispute with dance label ultra records. Retrieved from: http://www.hollywoodreporter.com/thr-esq/youtube-star-michelle-phan-settles-815153 on March 5, 2016. Manzer, A. and Levy, M. (2013). 9 copyright laws every video producer should know. Retrieved from: http://www.videomaker.com/article/c15/15953-9-copyright-laws-every-video-producer-should-know on March 5, 2016. Obias, R. (2013). 8 famous movies and the lawsuits that plagued them. Retrieved from: http://mentalfloss.com/article/53331/8-famous-movies-and-lawsuits-plagued-them on March 5, 2016. Stim, R. (2012). What is fair use? Retrieved from: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/ on March 5, 2016. Welch, C. (2014). YouTube star sued for copyright infringement over music in her videos. Retrieved from: http://www.theverge.com/2014/7/21/5924405/youtube-star-michelle-phan-sued-copyright-infringement on March 5, 2016. Retrieved from: http://go.copyright.com/top10?gclid=CP61rbjjqssCFUuQHwodGgINHw on March 5, 2016.