Copyright & Fair Use How to Use Outside Sources of Media Legally

What is Copyright?

How Can I Register My Copyright? Copyright Office of the Library of Congress

FAQ Do I have to register my copyright to own it? How do I use that copyright symbol © properly? Do I have to use the copyright symbol to own it?

How Can I Legally Use the Work of Others? Get Permission (in writing) - Google: “Copyright Permission Form” - Request Free Permission - Use Work That Already Has Permission Granted (e.g., Creative Commons License, Free Stock Photography, etc.) - Pay For Permission to Use (e.g., ASCAP, BMI, stock photography) Public Domain - Work with expired copyright (see Public Domain Expiration Times): - Government-generated work (e.g., NASA photos) - Myth Buster: Google Images are not in public domain.Public Domain Invoke “Fair Use” (see next slide)

What is “Fair Use”? Fair use is defined as "work used for criticism, comment, news reporting, teaching... scholarship, or research.“ Library of Congress on Fair Use (includes parody) Copyright and Fair Use (UMUC) Fair Use Guidelines for Multimedia (Intel) Library of Congress on Fair Use (includes parody) Copyright and Fair Use (UMUC) Fair Use Guidelines for Multimedia (Intel)

Fair Use Has Limits Copyright Law (1961) exemplifies fair use to include: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported" (see Courts make determinations about fair use on a case-by-case basis.

Profit You can invoke fair use for work that is for profit (as Saturday Night Live and Madd Magazine do, for example). However, problems can arise when too much volume of the work is used and the market share of the original is impacted. Other problems can rise as well.

Factors Determining Fair Use In Court: the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

Creative Commons

“Spec Work” Speculative work (called “spec work”) is commonly created to pitch clients or complete educational projects. Example: The agency or student appropriates a Chevrolet truck for a speculative ad, to pitch the client or prove creativity. This is a different intention than stealing someone else’s artwork and calling it your own. Often we see spec work in student portfolios. Technically, if the student publishes that work (e.g., to the web), it can be considered infringement even though it is for “educational purposes” (publication places it in a new context—self-promotion). However, it is rare, in my experience, that students have legal trouble with this (at most, a “cease and desist” letter). Seek your own legal council about your portfolio if you have questions or concerns about what you post.

   How Can I Legally Use Images That I Create? Images of yourself. And things you own Greeking brands Images of People Model Release Forms Example: Actor Example: Other Images of Property (buildings, land, etc.) Property Release Forms Images of Public Figures The question of who is or is not a public figure “No Reasonable Expectation of Privacy” Example: Photos in public places for Journalism

What will happen if I am caught infringing? - “Cease and Desist” Letters - Law Suits

How Can I protect myself from law suits? First, the bad news: Anyone can sue you for anything, whether you have infringed or not. Examples: Mattel and The Body Shop MTV v. student

Mattel v. Tom Forsythe In 1999, Utah-based artist Forsythe received a complaint from Mattel, which claimed that a series of images he posted on the web infringed on its Barbie copyright and trademark. Although Forsythe was not making money from the works, he decided to fight the case, obtaining legal aid via the ACLU. In August 2001, a federal court ruled on behalf of Forsythe; Mattel immediately announced plans to appeal

Helpful Tips Read the permission information on clip art, music, photography, video footage, etc. Keep the documentation for your records (e.g., screen shots of permission description on free photo sites). Get release forms BEFORE you create the work, when permission is needed. Have your clients sign a form that states that all information they provide you is true and that they legally have the rights to it. Seek legal council in business matters and gray areas.

Be Careful Be careful about using the term “safe” fair use. Fair use is usually a matter of interpretation, and courts make the final interpretations—so it’s never a good idea to get arrogant about fair use. At the same time, people rely on court precedents for making judgment calls about fair use, and it’s a common professional practice.

QUESTIONS?