2. 12 Legalities: Releases, Copyright, and Forums

3. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Identify the different types of releases used in broadcast journalism and television production, and explain purpose of each. Recognize the differences between public and private property. Explain how Copyright Law applies in broadcast productions. Recognize how educational Fair Use applies in the classroom. Objectives

4. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Illustrate transformative use of material. Identify the criteria for public domain status. Summarize the characteristics of each type of public forum. Explain how the First Amendment applies in the organization and operation of a broadcast journalism course. Objectives

5. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Legal Disclaimer This presentation does not offer legal advice; none of the information in this chapter should be construed as legal advice.

6. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Release Grant of permission Obtain written and signed releases from all people involved before beginning to film Broadcasting commonly uses: Property releases Talent releases

7. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Property Release Grants permission for videographers to shoot on private propertyprivate property A permit is permission to shoot on public propertypublic property

8. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Public Property Owned by local, state, or national government Parks, streets, public sidewalks Usually legal to shoot on public property unless negative impact will result Traffic problems, clean-up, security Often a permit is required

9. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Private Property Property owned by individuals or private organization Owner has right to require permission be obtained by videographer If signage indicates no video allowed, permission must be obtained

10. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Private Property (Cont.) Red = Private Property Green = Public Property

11. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Getting Property Release Solicit property owner or manager Prepare simple letter

12. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Property Release Letter

13. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Talent Release Grants permission for producers to photograph talent and/or use talent’s voice Need separate release form for all talent in production

14. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Fine Print Talent releases legally required for all talent in entertainment or fictitious programming If talent portrays someone other than themselves, talent release is required

15. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Fine Print (Cont.) In broadcast journalism, releases not required Interviewees can see presence of camera and mic When interviewee states name and spells it for mic check, this is providing “consent by conduct” Interviewee must be of ordinary intelligence and without developmental disabilities

16. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Fine Print (Cont.) People in background of shot are not required to sign talent release if they are in public place However, people in background in place where some degree of privacy is expected, must sign talent release

17. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Passive Talent Release Not legal requirement; used by many school systems Parents must sign form to indicate they do not want their child to participate Releases only apply to third-party organizations In-school organizations can legally shoot, except in private places, such as locker rooms and restrooms

18. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. You want to shoot some video for a school presentation. Discuss all the releases you need to obtain before shooting. Discussion

19. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Copyright Law Copyright infringement is federal crime Copyright law can be confusing and updated without warning

20. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Fair Use Does not exist outside academic environment Fair Use allowances are made for educational purposes Allows some materials to be used in certain ways with particular audience

21. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Fair Use in Education Copyrighted material can be used: For direct teacher-to-student contact Within classroom Copyrighted material can NOT be used: If it is “aired” or sent into Closed Circuit TV system

22. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Transformative Use If copyrighted material is used in entirely different way than it was originally created, it is “transformed,” and thus can be legally used Exact original purpose must be determined from originator before it can be transformed

23. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Transformative Example Music review segment of news program May play few seconds and add opinion and review Opinion and review provide transformation Film review segment of news program May play few clips—obtained from filmmakers’ web sites only—and add opinion and review

24. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Logos Developed to create instant recognition of product Example: Nike swoosh Usually patented, not copyrighted Companies protected by Trademark Law, which protects brands against misuseTrademark Law

25. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Clothing with Logos Avoid shooting clothing with logos Difficult to determine what a company will deem “harmless” use of its logo Logos unrelated to video do not need to be seen

26. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Pictures from Other Media It is not legal to use pictures without permission from any published work, including: Books, magazines, newspapers, Internet, movies, and video games

27. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Internet You cannot use anything found on the Internet You must locate the owner of images, explain your usage, and request permission Most images on Internet are not free to use – “Free” images are usually only free for single, private use—not broadcast use

28. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Music Music is used to enhance program’s: Message, mood, excitement, drama, pace, and emotion These are exactly purposes intended by music’s originators, and therefore do not qualify as transformative in any way Placing music credits at end of program does not negate need to obtain permission from copyright holders

29. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Music (Cont.) This merely indicates to music owner that user knew permission was needed but did not obtain it It is not legal to use music from school year as soundtrack of video yearbook without permission, regardless of price Permission must be obtained from each copyright holder whose music is being distributed

30. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Public Domain Every work created prior to 1923 Applies to material that is no longer copyrighted due to passage of time or whose rights were relinquished by copyright holder Specific recording may be copyrighted by recording company

31. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Public Domain (Cont.) Beethoven’s 5 th Symphony is in public domain The London Philharmonic Symphony’s recording of Beethoven’s 5 th Symphony is copyrighted and permission must be obtained before use

32. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. First Amendment Freedoms of speech and press are intertwined Journalists can report on topics they choose without fear of retribution by government That press is free from government control necessitates that press police itself, which requires application of high ethical standards

33. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Forum Platform to speak or write from Student newscasts are type of public forum Significant differences between print and broadcast media and their issues with freedom of speech and press

34. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Public Forum Place where anyone can speak freely Example: Streets Parks Sidewalks

35. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Public Forum and Broadcasting True public forum cannot exist in broadcast journalism In television, there are time and subject limits Editing is key component Broadcaster decides who can be heard, such as reporters and interviewees

36. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Limited Public Forum Platform for specific use, with restrictions Example: Financial planning seminar in public building Discussion restricted to financial planning only

37. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Limited Public Forum and Broadcast Journalism Courses Free expression by student producers allowed Student producers make final decision on topic choice and content May be standards-based If story has style, technical quality, it can run Standards enforced by students

38. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Non-Public Forum Not typically open to free public expression Examples: Military bases Public schools Courtrooms

39. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Non-Public Forum and Broadcast Journalism Courses Teacher in role of news director Decides which stories are included in newscast Examples: Teacher reviews all stories, narrows to top seven. Student producers pick their five for newscast. Students pick top seven stories, teacher picks five

40. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Broadcast Journalism First Amendment says government cannot control press Real-world broadcast journalism is controlled by variety of individuals and entities

41. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Controllers of Broadcast Journalism Producers News directors Station managers Station owners Network executives Federal Communications Commission

42. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Broadcast Journalism in Education Teacher plays role of news director Cannot control content or quality of journalism Can require that story reach acceptable journalistic standards, and assign grade accordingly

43. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Broadcast Journalism in Education (Cont.) Controls technical standards for audio and video that must be met before airing Relinquishes responsibilities to students as their news judgment progresses Forum status can gradually transition from non-public forum to limited public forum

44. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Student Press Law Center Advocate for student free-press rights Provides information, advice, and legal assistance at no charge to students and educators who work with them www.splc.org Career Page

45. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. What are the two different types of releases and why are they needed? Property releases allow video of private property to be recorded. Talent releases allow talent’s photograph or voice to be used in recording. Review Question

46. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. True or False? Any material in public domain may be used by anyone for any reason. False. If public domain material is copyrighted, permission must be obtained. Review Question

47. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. What role does teacher play in journalism course? Teacher plays role of news director and can require that story meet journalistic standards, and control quality to ensure standards are met. Review Question

48. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. What are the three types of public forums? Public forum; limited public forum; non- public forum Review Question

49. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. What’s the difference between public and private property? Public property is owned by local, state, or national government. Private property is owned by individual or private organization. Review Question

50. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. What type of restrictions does Fair Use allow in using copyrighted material in a classroom? Copyrighted material cannot be aired or sent through Closed Circuit TV without approval. Review Question

51. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Does Fair Use allow copyrighted music be used on opening and closing title sequence of school-wide newscast by broadcast journalism class? Not without getting permission from copyright holder. Small samples are allowed in music review segment of newscast. Review Question

52. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. What is the difference between public and private property? Private property is owned and maintained by individual or private organization. Public property is owned and maintained by local, state, or national governmental organizations. Review Question

53. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. True or False? It’s legal for college radio station to air movie review program by one of its student broadcasters who obtains movie sound bites from blogs and fan sites. False. Permission must be obtained from movies’ official sites. Review Question

54. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Copyright Law: Set of laws that protect the creators of original materials from having their materials and creative work used without proper permission and compensation. Fair Use: A section of the Copyright Law that provides guidelines for the limited use of copyrighted materials without obtaining permission from the copyright holder(s). Glossary

55. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. limited public forum: Public property or media that is made available for a specified use; the topic or content of speech is restricted to the business at hand or objectives of the particular group. Glossary

56. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. non-public forum: Either public or private property or media that is not typically used or made available for public expression. Regulation on speech is allowable in a non-public forum, but must be reasonable and not intentionally exclude any particular or opposing viewpoint. Glossary

57. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. passive talent release: A document that serves as a general notice indicating that, from time to time, organizations outside the school system may request permission to video record inside the school building. Parents acknowledge the release by not responding to the notice. Glossary

58. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. private property: Property that is owned by an individual or private organization. Permission is required to be on the premises. property release: A signed document that grants a video team permission to shoot on private property. Glossary

59. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. public domain: A status designation applied to material that is no longer copyrighted due to the passage of time (relative to the date of creation) or when rights are relinquished by the copyright holder. public forum: An environment or location, typically public property or media, where an individual can stand and publicly speak their mind. The content discussed in a public forum is not restricted, but the speech cannot incite a riot, violence, or similar activity. Glossary

60. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. public property: Property that is owned by local, state, or national government organizations. It is usually legal to be on the premises of public property. release: A grant of permission that is commonly provided in written form with signatures of all the people involved. talent release: A document that gives video producers permission to photograph the talent and/or to use audio of the talent’s voice. Glossary

61. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. Trademark Law: A set of laws that protects a company’s brand identification in an effort to avoid confusion in the marketplace. These laws ensure that when a consumer sees a logo or label on a product, the consumer knows who makes that product. Glossary

62. © Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only. transformative use: Using a work (image or other material) for an entirely different purpose than it was originally created and intended to be used. Glossary