Copyright Infringement / Photo Credit: Francine Ward
COPYRIGHT INFRINGEMENT… (In the
Entertainment industry. What does Copyright Infringement mean?)
Bruce
Bisbey…please follow me at: https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.
Copyright Infringement
What Is Copyright Infringement?
Copyright laws are designed to protect the creator of
original works, which are creative expressions from others using and profiting
their work, without permission. The idea is that the author or creator owns the
rights to the work and can decide if and how others use his or her creation.
Though there are grounds for both legal and moral discussion when the created
material is sold, furnished, given or used to another entity and that entity
applies or uses said created material that may or may not be used in the public
domain and fair use.
There are cases of copyright infringement based on usage
in a particular country. Attempts to establish a copyright on material that has
always been considered public domain. A great example is the British
Governments slogan from World War II, “Keep Calm” series. This has been used
all around the world in basically any and every context. Attempts by private
firms to copyright have failed, but remain fogging to put it plainly in Great
Britain, though the saying was created by the British Government.
Another example, music copyright would exist for
songwriters on their lyrics. When songwriters allow artists to record their
words, there would be an agreement outlining how the right to record is
granted, thus avoiding copyright infringement.
If another artist decided to record the same song without
permission, the songwriter would be able to bring legal action for copyright
infringement against the artist. If you believe that the copyright infringement
definition sounds like stealing, you would be correct.
Other examples of copyright infringement include:
- Give credit to the original or stated artist or publisher regardless of fair use or perceived public domain…
- If for commercial uses, always get clearance/permissions…
- Downloading movies and music without proper payment for use…
- Recording movies in a theater…
- Using others’ photographs for a blog without permission…
- Copying software code without giving proper credit…
- Creating videos with unlicensed music clips…
- Copying books, blogs or podcasts without permission…
- Anything where you are copying someone else’s original work without an agreement…
Tips for Avoiding Copyright Infringement
Use Caution If It’s Not Your Original Work
If you did not create it, the work is not yours to use
freely, even if there is no copyright symbol. If you were to pass an unlocked
bicycle on the street, you would not take it – that is obviously stealing. The
same applies for a photograph on the Internet. Look for the license or
permissions before you use anything that isn’t yours.
Though there are grounds for both legal and moral
discussion when the created material is sold, furnished, given or used to
another entity and that entity applies or uses said created material that may
or may not be used in the public domain and fair use.
Video hosting companies such as YouTube use software to
detect music copyright infringement before allowing uploads. Slide share allows
users to report copyright infringement. Artists and author can subscribe to
online services that monitor and report plagiarism. However, there are many
sites with free-to-use music and photos.
Read, Read, Read
Many creators do wish to share their works either for a
fee or for proper attribution. The rules for use or terms are often in the form
of a license. It’s important to review and read the licensing terms to avoid
issues. For example, we once licensed IP cartoons for our office walls. Based
on the license, we could not use those pictures online or we would have
received a fine.
Check out the company or individual that has the created
the material. Do some research to see if the material in question has been used
before and in what context? Has the material been used in the realm of public
domain? Fair usage?
Look for Fair Use
Although ignorance is not a defense, there are some
exceptions to the copyright infringement laws. There is an exception called
“fair use,” which is often associated with education. The concept is that if
you are using a photo or an article for educational or non-commercial purposes,
then you may be exempt from infringement.
Overall, it’s important to understand the copyright laws
or rights for any original creations to avoid copyright infringement. Being
diverted by fines or legal action can take up valuable time and resources. The
steps to avoiding copyright infringement are quite simple: identify and protect
original works, and educate family and/or employees about copyright
infringement.
DEFINITIONS FROM THE U.S. COPYRIGHT OFFICE
Who is an author?
Under the copyright law, the creator of the original
expression in a work is its author. The author is also the owner of copyright
unless there is a written agreement by which the author assigns the copyright
to another person or entity, such as a publisher. In cases of works made for
hire, the employer or commissioning party is considered to be the author. See
Circular 9, Work-Made-For-Hire Under the 1976 Copyright Act.
What is a deposit?
A deposit is usually one copy (if unpublished) or two
copies (if published) of the work to be registered for copyright. In certain
cases such as works of the visual arts, identifying material such as a
photograph may be used instead. See Circular 40a, Deposit Requirements for
Registration of Claims to Copyright in Visual Arts Material. The deposit is
sent with the application and fee and becomes the property of the Library of
Congress.
What is publication?
Publication has a technical meaning in copyright law.
According to the statute, “Publication is the distribution of copies or phono
records of a work to the public by sale or other transfer of ownership, or by
rental, lease, or lending. The offering to distribute copies or phono records
to a group of persons for purposes of further distribution, public performance,
or public display constitutes publication. A public performance or display of a
work does not of itself constitute publication.” Generally, publication occurs
on the date on which copies of the work are first made available to the public.
For further information see Circular 1, Copyright Basics, section
“Publication”.
What is a copyright notice? How do I put a copyright
notice on my work?
A copyright notice is an identifier placed on copies of
the work to inform the world of copyright ownership. The copyright notice
generally consists of the symbol or word “copyright (or copr.),” the name of
the copyright owner, and the year of first publication, e.g., ©2008 John Doe.
While use of a copyright notice was once required as a condition of copyright
protection, it is now optional. Use of the notice is the responsibility of the
copyright owner and does not require advance permission from, or registration with,
the Copyright Office. See Circular 3, Copyright Notice, for requirements for
works published before March 1, 1989, and for more information on the form and
position of the copyright notice.
What is copyright infringement?
As a general matter, copyright infringement occurs when a
copyrighted work is reproduced, distributed, performed, publicly displayed, or
made into a derivative work without the permission of the copyright owner.
What is peer-to-peer (P2P) networking?
A type of network where computers communicate directly
with each other, rather than through a central server. Often referred to simply
as peer-to-peer, or abbreviated P2P, a type of network in which each
workstation has equivalent capabilities and responsibilities in contrast to client/server
architectures, in which some computers are dedicated to serving the other
computers. A "network" is a group of two or more computer systems
linked together by various methods. In recent usage, peer-to-peer has come to
describe applications in which users can use the Internet to exchange files
with each other directly or through a mediating server.
Where is the public domain?
The public domain is not a place. A work of authorship is
in the “public domain” if it is no longer under copyright protection or if it
failed to meet the requirements for copyright protection. Works in the public
domain may be used freely without the permission of the former copyright owner.
What is mandatory deposit?
Copies of all works under copyright protection that have
been published in the United States are required to be deposited with the
Copyright Office within three months of the date of first publication. See
Circular 7d, Mandatory Deposit of Copies or Phono records for the Library of
Congress, and the Deposit Regulation 202.19.
What is a work made for hire?
Although the general rule is that the person who creates
the work is its author, there is an exception to that principle. The exception
is a work made for hire, which is a work prepared by an employee within the
scope of his or her employment or a work specially ordered or commissioned in
certain specified circumstances. When a work qualifies as a work made for hire,
the employer, or commissioning party, is considered to be the author. See
Circular 9, Work-Made-For-Hire Under the 1976 Copyright Act.
What is a Library of Congress number?
The Library of Congress Control Number is assigned by the
Library at its discretion to assist librarians in acquiring and cataloging
works. For further information, go to the Cataloging in Publication program
website at www.loc.gov/publish/cip/.
What is an ISBN number?
The International Standard Book Number is administered by
the R.R. Bowker Company. The ISBN is a numerical identifier intended to assist
the international community in identifying and ordering certain publications.
WHAT TO DO IF YOU'RE ACCUSED OF COPYRIGHT INFRINGEMENT
There are cases of copyright infringement based on usage
in a particular country. Attempts to establish a copyright on material that has
always been considered public domain. A great example is the British
Governments slogan from World War II, “Keep Calm” series. This has been used
all around the world in basically any and every context. Attempts by private
firms to copyright have failed, but remain fogging to put it plainly in Great
Britain, though the saying was created by the British Government.
You may receive an e-mail, regular letter, telephone call
or otherwise be notified by a copyright owner or his lawyer that you are
infringing his copyright. The claim may relate to an article published in your
newsletter or to a photograph on your Web site. Often this notification states
that if you do not take steps to remedy the situation, either by paying an
“after-the-fact” copyright license fee, or by stopping any and all use of the
content, the copyright owner will institute a court action. Do not panic. Prior
to evaluating the validity of the claim and analyzing your options, it’s best
not to take any radical steps. In other words, take the time to understand the
claim and see what makes most sense to your organization in the circumstances.
You’re accusing us of what? What exactly is copyright
infringement?
Copyright infringement is when someone uses the
copyright-protected work of someone else, (a book, an article, a song, etc.),
without permission. If something is protected by copyright, you generally
cannot legally make it available to the public in any format, digital or
otherwise, without permission of the person or body who holds the copyright.
Determine the Validity of the Claim
Though there are grounds for both legal and moral
discussion when the created material is sold, furnished, given or used to
another entity and that entity applies or uses said created material that may
or may not be used in the public domain and fair use.
If you receive what in legal jargon is called a “demand
letter,” your first step is to review the materials specifically subject to the
claim of copyright infringement. Are these the actual materials you are using?
Are you using these materials in the manner claimed in the demand letter? If
so, are they still protected by copyright, or are they perhaps in the public
domain? Have you licensed the materials, or obtained an assignment of them?
Check out the company or individual that has accused or
copyright infringement. Do some research to see if the material in question has
been used before and in what context? Has the material been used in the realm
of public domain? Fair usage?
If you require permission to use these materials, have you
in fact obtained that permission? Hopefully, any permission you received is in
writing and is part of a database that is easily accessible. Check the
permission or license. Is your use covered by it? Have you followed the terms
and conditions in the license? Perhaps the person charging you is claiming
that, although you only obtained a license to put the material on your Web site
for 6 months, you have neglected to remove it after a year. After the six-month
period of use has expired, you could be in breach of copyright.
The license may also state that only a certain number of
authorized users may have access to the content. For example, an organization
may obtain the right to post an article about brand management on its Web site
for a week-long program on Online Marketing. The license states that you must
have the Web site password-protected and may only issue 50 passwords. If your
organization either keeps the article accessible for longer than one week or
grants permission to more than 50 users to view the article, you could be
violating your license and subject to a claim of either breach of contract or
copyright infringement, or both.
Is it Fair Use?
If you are facing a claim of copyright infringement, you
may turn to fair use as a defense; check what your national law on fair use
say. In the U.S. the fair use provision in Section 107 of the United States
Copyright Act is confusing and difficult to apply to particular uses of
copyright-protected material. It must be applied on a case-to-case basis and
often non-lawyers and non-judges are put in the position of determining what
may be considered fair use. Many individuals or librarians in corporations do
not want to have this responsibility. And it may be costly to get a legal
opinion from your lawyer each time you wish to apply fair use to a particular
use of content.
Fair use is primarily for the use of copyright-protected
work for commentary, parody, news reporting, research and education. The U.S.
Copyright Act lists four factors to help judges determine, and therefore help
you determine, when a usage may be “fair use.” These relate to the purpose and
character of the use, including whether such use is of commercial nature or is
for nonprofit, educational purposes; the nature of the copyright-protected
work; the amount and substantiality of the portion used in relation to the
copyright work as a whole; and the effect of the use on the potential market
for or value of the copyright-protected work. Commercial uses are less likely
to be considered fair use.
Examples of uses that may be fair use are: a quotation of
excerpts in a review or criticism for purposes of commentary; quotation of
short passages in a scholarly or technical work for clarification of the
author’s discussions; and reproduction of material for classroom use where the
reproduction was unexpected and spontaneous – for example, where an article in
the morning’s paper is directly relevant to today’s class topic.
Contact Your Lawyer
Once you have gathered factual information relating to
whether the claim against you is valid, discuss the issue with your legal
counsel. It is best to deal with a lawyer who has a lot of experience in
intellectual property claims. Provide your lawyer with your license agreement
(if you have one), and any other documents supporting your position. Discuss
your options with your lawyer. Your lawyer may advise you to ignore the claim
if it does not seem valid, or to let the other party know this and that you will
be continuing to use the content. If your use is not legal, you may wish to
stop using the content, or to enter into negotiations with the copyright holder
to pay a copyright fee.
Sources,
References & Credits: Google, Wikipedia, Wikihow, Pinterest, IMDB, Linked
In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York Film Academy, The
Balance, The Numbers, Film Maker, TV Guide Magazine, Media Match, Quora, Creative
Skill Set, Investopedia, Variety, No Film School, Daily Variety, The Film
Agency, Best Sample Resume, How Stuff Works, Career Trend, Producer's Code of
Credits, Producers Guild of America, Film Connection, Entertainment Careers, Adhere
Creative, In Deed, Glass Door, Pay Scale, Merriam-Webster, Job Monkey, Studio
Binder, The Collective, Production Hub, The Producer's Business Handbook by
John J. Lee Jr., Honathaner, Eve Light. The Complete Film Production Handbook, Clearance
Guidelines for Producers, Mast, and Gerald. "Film Study and the Copyright
Law", from Cinema Journal, Arnoud Engelfriet, “The phrase "All rights
reserved", "International Copyright". U.S. Copyright Office, “Copyright
Registrations and Formalities". World Intellectual Property Organization,
Iusmentis, Work Press, http://www.wga.org/, https://www.copyright.gov/, https://www.copyright.gov, Mary Juetten,
Legal Zoom, https://www.legalzoom.com, Lesley
Ellen Harris, http://copyrightlaws.com,
Recommended:
Lesley Ellen Harris is a copyright lawyer/consultant who works on legal,
business and strategic issues in the publishing, content, entertainment,
Internet and Information industries. Leslie is the editor of The Copyright
& New Media Law Newsletter: For Libraries, Archives & Museums, and the
author of several books including Licensing Digital Content, A Practical Guide
for Librarians. Ms. Harris often speaks at conferences and teaches online
courses on copyright and licensing. See: http://copyrightlaws.com
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Copyright
Infringement / Photo Credit: Francine Ward
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