9. copyright fair use ip

Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only.

Warm Up

• Explain the pass method and two other

safety rules.

Copyright LawInteractive Notebook Page 20

TEKS (8a) Exhibit ethical conduct related to interacting with others and providing proper credit for ideas. (8B) Discuss and apply copyright laws in relation to fair use and acquisition. (8C) Model respect of intellectual property.

A copyright is an exclusive right to

a musical, literary, dramatic, or

artistic piece of work.

United States copyright law

originated in 1787 to promote

science and useful arts by providing

inventors and authors limited,

exclusive rights to their works.

As technology changed, so did the

copyright laws. Today, laws extend

to paintings, photographs, videos,

audio recordings, and various forms

of multimedia.

In the late 1700s, copyright laws

provided a maximum of 28 years

of protection.

Following numerous revisions, a

copyright today is valid for the life

of the author plus 70 years.

In addition, copyright protection on

works created exclusively for

corporations (for example, The

Walt Disney Company) have been

extended to 95 years.

How do copyright laws affect

videographers?

Videographers have the legal right

to exclude anyone from copying all

or part of their work.

Likewise, they must secure

permission if using someone else’s

work, unless that work is in the

public domain.

What kinds of copyrighted

material might a videographer

incorporate into a production?

- Top 40 music hits to use as part of a soundtrack.

- Excerpts of dialogue from a play.

- Corporate logos.

- Footage from another production.

- Stills or photographs from a book or magazine.

-A lawsuit requiring payment on profits made from the production.

-A fine ranging from $250 to $50,000, depending on knowledge of the law and intent to violate it.

-Destruction of all copies of the production.

-Up to five years in jail.

Using material without legalpermission may result in:

Who is responsible for policing and

monitoring copyright material?

The copyright owner is responsible for protecting his or her work.

Additionally, ASCAP and BMI are music guilds that help police the use of their members’ material and provide legal access to copyrighted music.

Do copyright laws also pertain to

low-budget productions, such as a

high school graduation, dance

recital, or wedding video?

Absolutely! Copyright laws apply if

the production is planned for sale or

broadcast.

How would a videographer secure

permission to use copyrighted

material, such as a song, for use in

a video?

Solicit the copyright owner (artist,

producer, or label company) with a

written request to use the material.

The manner or extent to which the

material is to be used often determines

compensation.

• Content of the video.

• How the song will be used.

• Whether the song will be edited.

• The target audience of the video.

• Plans for broadcast, distribution, and

sale of the final production.

When seeking permission to use a

song, provide information such as:

Sample Letter Requesting Permission

Dear [Mr./Ms. Copyright Holder]:

I am a Junior at Heritage High School, (City and State) and am producing

this year’s graduation video.

I would like to include your song “A New Beginning” in its entirety on the

video as the seniors are leaving the school stadium. The video will be sold

to approximately 200 parents of graduating seniors.

I would like permission to use your song on a royalty-free basis. If you

agree, please sign the enclosed letter and return it to me in the

self-addressed stamped envelope included.

I appreciate your consideration.

Sincerely, AGREED:

____________________ ____________________

John Smith, student Melody Bass, songwriter

Date: ___________

The satisfaction of producing an

effective and entertaining video

includes respecting the creative

effort of others.

Fair Use refers to the limited

use of copyrighted material

without permission from the

copyright owner, and must be

done according to guidelines

found in U.S. Copyright Law.

Educational Multimedia

Students and teachers may

use copyrighted material on a

limited basis when creating

multimedia lessons and

projects for instruction and

learning. This is not the case

when commercial profit is

involved.

Areas Where Fair Use Applies

* News reports

* Criticism and commentary

* Research and scholarship

* Parody

* Educational purposes

For example, video production

students may incorporate

copyrighted motion media,

music, lyrics, music videos,

illustrations, and photographs

with their own material, but

must do so according to Fair

Use guidelines.

Guidelines for Fair Use in the

classroom include the following:

* Permitted uses.

* Time limits.

* Portion limits.

* Copying and distribution limits.

* Crediting and displaying

sources.

* Contracts and licenses.

Important Points

Motion media (video): Up to 10% of the

total piece or 3 minutes, whichever

is less.

Music and lyrics: Up to 10% of the total

piece or 30 seconds, whichever is less.

Images from books or magazines:

Maximum of five images from one

artist, and the lesser between 10% and

15 total images from a collective work.

Failure to abide by Fair Use

guidelines could result in

prosecution under copyright law.

Intellectual Property

Intellectual property (IP) refers to creations of the mind:

inventions, literary and artistic works, and symbols, names,

images, and designs used in commerce.

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