Avoiding legal pitfalls

What is copyright? Copyright is a property right, similar to owning a car. –It gives individuals control over the use of their original work. Music, lyrics, photos, CD covers, cartoon characters, literature, movies, etc. Facts and ideas cannot be copyrighted, but their expression, such as style or word choice, can be. –Work is considered copyrighted when created and put in tangible form. Does not have to be published, or registered with Copyright Office, or be accompanied by the copyright symbol and year

What is fair use? Fair use is the exception to copyright. –Individuals can use limited amounts of copyrighted material. Non-commercial use for news reporting, teaching, criticism or commentary is allowed. Use of works containing mostly factual material (maps, biographies) are likely fair use, rather than use of highly creative or original work (novels, cartoons). If no more than necessary is used, it can be considered fair use. Twenty words from a 200,000-word book is OK, not 20 words from a 50-word poem. If it is not likely to hurt the commercial value of a work, it is fair use.

What is parody? A parody or spoof is fair use when: –It is obvious. The audience must be able to reasonably perceive that it is a spoof of the original. A disclaimer or notice could be useful. –It reproduces no more than necessary to conjure up the original in the audience’s mind. For instance, a slight change in the appearance of a cartoon character is not sufficient. –It does not destroy the market value of the original. If the public might buy the parody instead of the original, then the use is not fair.

What is trademark? Trademark law presents few concerns. –Copyright protects a creator’s rights. Trademark protects the consumer. –Only a problem if a use of a trademark could confuse a consumer: If a photo of a pair Nike shoes is used to illustrate a story on fashion trends, there is little chance of confusing the buyer. However, some marks are copyrighted too. While use might not violate a trademark, it could be a copyright infringement if fair use cannot be demonstrated.

When in doubt… The safe route is to ask for permission. –Giving the copyright owner credit does not protect from infringement. –Receiving permission can be challenging: Many corporations have strict policies. Start early. Allow months, rather than days or weeks, to secure permission.

What is libel? Libel is a printed statement that is false and damages a person’s reputation. –The statement must be published. –The individual must be clearly identified – by name or by description. –Damage must have resulted – to reputation or actual. –Fault must be proven – the editor and reporter demonstrated a reckless disregard of the truth.

What is right to privacy? People have the right to privacy under certain circumstances. –Intrusion. People in public places have no right to privacy. They can be approached for questioning and have their photo taken. Most areas at school are public; some places, such as a locker room or administrator’s office, are not. –Appropriation. A person’s name or photo cannot be used for commercial reasons without permission. –False light. Information or photos cannot be used out of context; e.g., a photo of two students passing a note before class cannot be used with a story about cheating.