Copyright Multimedia content comes from somewhere Either you make it or you acquire it Who owns the content? Do you or your users have the property rights?

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Presentation transcript:

Copyright Multimedia content comes from somewhere Either you make it or you acquire it Who owns the content? Do you or your users have the property rights? Copyright laws protect literary works, musical works, dramatic works, pictorial, graphic and sculptural works, motion pictures and sound recordings is a useful site

The Vatican site used to say: Here’s what the Vatican’s web site ( used to say: “In accordance with international regulations on Intellectual Property and Author’s Rights, … news items … may be used … only if the source (Vatican Information Service) is quoted. In the case of electronic retransmission (Internet, …, etc.), prior reauthorization from the V.I.S. is always required.” Why do you suppose they removed this sentence (and the art work) from their site?

Copyright protects owners Owners have exclusive rights to make copies, create derivative works, distribute, display and perform works publicly. Does your project involves material owned by someone else (even if you found it on the web)? You may need to negotiate permission to use it If so, write to the author and get written permission, describing the scope of usage

Fair use Limited copying of copyrighted works without owner’s permission Several factors in determining whether a particular use of a copyrighted work is "fair use," rather than an infringement: the purpose and character of the use, whether for a commercial or nonprofit educational purposes; the nature of the copyrighted work; the 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 The last factor is the most important in determining whether a particular use is "fair" So, if you find a neat graphic on the web, can you go ahead and use it in your term project?

Protecting your own work Copyright protection arises automatically when an "original" work of authorship is "fixed" in a tangible medium of expression Registration with Copyright Office is optional You have to register before you file an infringement suit Registering early makes you eligible to receive attorney's fees and statutory damages in a future lawsuit Originality: A work is original if it owes its origin to the author and was not copied from some preexisting work. Fixation: A work is "fixed" when it is made "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." Even copying a computer program into RAM has been found to be of sufficient duration for it to be "fixed" (though some scholars and lawyers disagree with this conclusion).

Obtaining rights You should license rights to use copyrighted material before developing a project around it Early in The Universal Machine, we tried negotiating rights to a clip from Star Trek (no dice!) So we scripted and had a cartoonist create an original work loosely based on the story line Only the expression is protected under copyright statute, not the content or story line License may be a signed permission letter or detailed a contractual agreement

Derivative works With capabilities of computing, there are less clear-cut issues See figure (from Vaughn’s Multimedia: Making it Work)figure Should the modification of Mark Newman’s original artwork be protected? If you change 51% of the pixels of an art work, is it yours? It’s up for grabs in the courts!

Using talent Actors and voice-over artists often belong to a union or guild E.g., Screen Actors Guild Unions protect their members with contacts and set minimum wage standards Non-union talent is less expensive You may want talent to sign a release form Granting you permissions and terms under which you can use created materials