Principles of Arts, Audio/Video Production Copyright Law ©

Dictionary.com defines copyright as: 1. the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death.

Purposes of Copyright Law Protection of the author’s right to obtain commercial benefit from valuable work – To make $$$$$$$$$ Protection of the author’s general right to control how a work is used. KEEP OTHERS FROM MAKING $$$$ ON THEIR IDEAS!

How Do You Copyright Your Work? It happens automatically, as soon as the work is created. A person does not have to register their work, although helpful.

Length of Copyright The work is protected for 70 years after the author has died. If the author is unknown, the work is protected for 95 years from the first publication. You can not LOSE a copyright. The author can sell it. Michael Jackson purchased a large number of the Beatles songs. The author can leave it to someone in their will.

Copyright Rights Reproduce the work Prepare “spin off” created from the work. Distribute copies. Perform. Display the work publicly.

What Can Be Copyrighted? Literature (including computer programs) Musical (includes the lyrics) Dramatic (includes music) Pantomimes and Choreography Pictures or Graphics (including maps) Motion Pictures Sound Recordings Architecture

Internet Issues Remember, the work does not have to be registered for it to be copyright protected. Unless specified as “public domain,” webpages and literature posted on the Internet are copyright protected.

Bottom Line: If you use part of someone else’s work, you have to get permission from the author. The only exception is……

Fair Use Policy allows teachers and students to “borrow” copyrighted work without permission under the four basic guidelines: purpose, nature, amount and effect.

PURPOSENATUREAMOUNTEFFECT Acceptable- Teaching, research, news reporting Acceptable-Factual, important to education. Acceptable-Small quantity, portion is not crucial to entire work. Acceptable-No major effect on the market, user legally owns a copy of original work. Illegal-Making money from sale of work, don’t give credit to author of original work. Illegal-Very creative work (art, music, literacy, films, plays), fiction. Illegal-Large or entire work used, the part of the original used is crucial to new work’s success. Illegal-Could replace selling of original, many copies made, used for a long time, made it available on the Web.

Rule(s) of Thumb United States Government works are considered public domain and may be used freely. Only 10% of a piece of work can be used. Up to 3 minutes of a movie Up to 1,000 words of text Up to 30 seconds of a song An entire picture or drawing may be used but no more than 5 images from the same artist.

Copyright: The Law Copyright Law falls under Civil Law, not Criminal. You will usually be sued, not charged with a crime. However, in the 90’s USA commercial copyright violation involving more than 10 copies and valued over $2500 was made a felony. There is no “Innocent until proven guilty” or “Proof beyond a reasonable doubt.” In most cases, it comes down to which side and set of evidence the judge or jury accepts. You can even be made to testify against your own interests.