STANDARD COPYRIGHT RULES AND RELATED TERMS ACA Certification Preparation for Video Communication

OBJECTIVE 1.3 Demonstrate knowledge of standard copyright rules (related terms, obtaining permission, and citing copyrighted material).

COPYRIGHT RULES: LEGAL PARAMETERS Copyright rules and standards are complex and far- reaching. Staying within legal parameters and established standards will keep your project running smoothly and will keep you out of court and out of time- consuming legal situations. At the beginning of your project, identify any location, person, material, music, or information that you want to use that does not directly belong to you. Establishing this will give you an idea of two things: Obtaining permission Citing copyrighted material

COPYRIGHT RULES: OBTAINING PERMISSION (1 OF 2) In video making, there is an industry saying: "If you can see it or hear it, you have to clear it." This means you need to "clear" (have explicit permission from the owner to use the material) any location you are in, any person who is in the shot, and any piece of music that is playing. This is also known as copyright clearance. In many cases, for existing material, a fee will have to be paid for its use. This is the copyright fee.

COPYRIGHT RULES: OBTAINING PERMISSION (2 OF 2) Obtaining permission relates to any material that you may be using in your project: Location Music Information Sources People Images For example, you want to film in a nearby stately home. Obtaining permission to film will include not just the premises but also the people who will inevitably appear in the film, as well as any paintings or images on any of the walls that may also appear in some of the shots.

COPYRIGHT RULES: COPYRIGHTED MATERIAL (1 OF 3) Copyrighted material is the term given to any existing material that belongs to somebody else that you want to use in your project. This includes the following: Music Images Literature Footage Even old newsreel footage belongs either to the agency that produced it originally or to the person who filmed it. In most cases, it will need to be paid for.

COPYRIGHT RULES: COPYRIGHTED MATERIAL (2 OF 3) For example, you want to include some music, images, and literature in your film about the stately home, even though you have taken the footage yourself. The music that you choose, unless it is "copyright-free," will have to be applied for and paid for. The images (photographs, painting, or drawings) will also belong to somebody who will need to be paid a fee for their use. Likewise, any literature used will also need to be paid for.

COPYRIGHT RULES: COPYRIGHTED MATERIAL (3 OF 3) In many cases, permission is given for filming, often for a fee. There is also a lot of established material that is copyright-free. However, it is essential that you obtain permission and follow the procedures for using copyrighted material where it is needed in your project. A lot of music and literature is now "out of copyright," meaning no fees are applicable, but it is worth checking and making sure that you can use it.

COPYRIGHT RULES: CORRECT USE OF COPYRIGHT TERMS It's important to understand the following terms used in the field of legal and copyrighted material: Copyrighted Fair use doctrine Intellectual property Derivative works

COPYRIGHT RULES: COPYRIGHTED Copyright is a legal concept that gives the creator exclusive rights to their own, original work. Copyright means "the right to copy" but also means that the copyright holder must be credited for the work. It also gives the copyright holder the right to choose who may use or adapt their work, perform it, or benefit from it financially. For example, you want to use a clip from a well-known film in your documentary. Even if this clip is a few seconds long, you may need to pay the appropriate fee and make sure the work is credited.

COPYRIGHT RULES: FAIR USE DOCTRINE In U.S. copyright law, fair use allows for a limited use of copyrighted material without having to gain permission from the copyright holders. Examples of fair use include review, analysis, criticism, search engines, news reporting, research, teaching, and library archiving. Fair use provides for the legal, unlicensed incorporation of copyrighted material in another author's work.

COPYRIGHT RULES: INTELLECTUAL PROPERTY Intellectual property (IP) is the result of creative work that is legally recognized and protected. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, and, in some jurisdictions, trade secrets.

COPYRIGHT RULES: DERIVATIVE WORKS A derivative work is a work based upon one preexisting work, such as a translation, musical arrangement, dramatization, fictionalization, motion-picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications that, as a whole, represent an original work of authorship, is a derivative work.

COPYRIGHT RULES: PERMISSION FOR COPYRIGHTED MATERIAL (1 OF 4) Copyright or permission is more flexible for commercial stock footage, which usually has an agreement to acknowledge or sign at the point of acquisition. Always check "copyright-free" branded material for terms of use documentation. The following examples are of material that belong to somebody else and therefore need copyright permission: Footage Photographs Paintings Drawings Music Branded clothing

COPYRIGHT RULES: PERMISSION FOR COPYRIGHTED MATERIAL (2 OF 4) You will need to apply for copyright clearance for any existing footage you may want to use in your project. Existing footage can come from many sources: Films Videos News reels Documentaries Companies Artists Friends In all cases, you need to seek copyright clearance to use any such material, even if it is only a short clip.

COPYRIGHT RULES: PERMISSION FOR COPYRIGHTED MATERIAL (3 OF 4) If the project requires music and you do not have the resources to create the music yourself or cannot find the appropriate music copyright-free, you need to apply for copyright. This could include the following: A song by any band or artist Music from a film Bespoke film and video audio There are many companies that provide access to a huge range of music for video. Once you have chosen the music, an appropriate fee is paid according to use.

COPYRIGHT RULES: PERMISSION FOR COPYRIGHTED MATERIAL (4 OF 4) If the project includes actors in branded clothing, permission will also need to be obtained. Unless you have contracted a designer specifically for your film, anything that is worn or any product with a logo that is included in your film may have to be cleared, paid for, and credited. Film productions traditionally have a huge list of credits at the end of the film, containing permission granted throughout production.

COPYRIGHT RULES: PERMISSION FOR USING IMAGES (1 OF 4) When incorporating still images into your video or film project, it is always advisable to take your own photos. This means that the images will belong to you as long as you have permission to photograph the people or the location within the image. As the copyright holder, the images can be used at your own discretion, and you can ensure that your work is properly recompensed and credit is given.

COPYRIGHT RULES: PERMISSION FOR USING IMAGES (2 OF 4) If your project requires images that do not belong to you, it is essential that you either ask for permission or obtain the copyright for using them. You may find images in search engines that are ideal for your project and that are easily downloadable. In most cases, however, the image belongs to somebody, and if you are to use the image in a project with an audience or for financial benefit, you will have to pay a fee.

COPYRIGHT RULES: PERMISSION FOR USING IMAGES (3 OF 4) If your project requires a photograph with a person or with people or a location in it, make sure you ask permission before taking the photograph from each individual. Anybody who appears in a still image or a video still will need to have signed a declaration or release form and given you permission to use their image. Likewise, for any location appearing in a photograph or a video still, the owner will need to have given you permission.

COPYRIGHT RULES: PERMISSION FOR USING IMAGES (4 OF 4) The general rules around using photography or still images in your project are as follows: If the image belongs to you and you have asked for permission from the people or places involved in the image, it can be used to your own discretion. If the image does not belong to you, it is vital that you ask permission and pay the appropriate fee according to the project and the audience scope.