6.1 Copyright and fair use

Copyright law protects creative works and incentivizes innovation in media. It emerged in 15th century England and has evolved to cover various forms of expression, balancing creators' rights with public access to information.

Understanding copyright is crucial for media professionals. It covers literary, musical, dramatic, and visual works, granting rights like reproduction and distribution. Ownership, registration, and fair use are key concepts in navigating copyright issues.

Origins of copyright law

• Copyright law emerged as a crucial aspect of media expression and communication, protecting creative works and incentivizing innovation
• The development of copyright law reflects the evolving landscape of media production, distribution, and consumption

Historical development

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• Originated in 15th century England with the invention of the printing press
• Statute of Anne (1710) established first modern copyright law
• U.S. Constitution included copyright protection in 1787
• Gradual expansion of protected works and rights over time

Purpose and rationale

• Promotes creation and dissemination of knowledge and creative works
• Balances creators' rights with public interest in accessing information
• Provides economic incentives for authors, artists, and other content creators
• Fosters innovation and cultural progress by protecting intellectual property

Scope of copyright protection

• Copyright protection forms a cornerstone of media law, safeguarding various forms of creative expression
• Understanding the scope of copyright is essential for media professionals to navigate content creation and usage

Types of protected works

• Literary works (books, articles, scripts)
• Musical compositions and sound recordings
• Dramatic works and choreography
• Pictorial, graphic, and sculptural works
• Audiovisual works (films, TV shows, video games)
• Architectural works
• Computer software and databases

Duration of copyright

• Life of the author plus 70 years for individual works
• 95 years from publication or 120 years from creation for works made for hire
• Different terms for works created before 1978
• Public domain status after copyright expiration

Rights granted by copyright

• Copyright law bestows specific rights to creators, shaping how media content can be used and distributed
• These rights form the foundation for licensing agreements and content monetization strategies in the media industry

Reproduction rights

• Exclusive right to make copies of the work
• Includes digital reproduction and storage
• Covers both exact duplicates and substantially similar copies
• Extends to partial reproductions (substantial portions of the work)

Distribution rights

• Control over the sale, rental, lease, or lending of copies
• First sale doctrine limits distribution rights after initial sale
• Includes digital distribution through downloads or streaming
• Territorial restrictions on distribution may apply

Public performance rights

• Right to perform copyrighted work publicly
• Applies to live performances and broadcasts
• Includes digital transmissions and streaming
• Separate from reproduction and distribution rights

Copyright ownership

• Understanding copyright ownership is crucial for media professionals to determine content usage rights and potential liabilities
• Ownership issues can significantly impact media production, collaboration, and content licensing

Initial ownership

• Copyright initially belongs to the work's creator(s)
• Joint ownership for works created by multiple authors
• Special rules for commissioned works and contributions to collective works
• Importance of written agreements to clarify ownership

Work for hire doctrine

• Applies to works created by employees within scope of employment
• Covers certain commissioned works with written agreement
• Employer or commissioning party becomes copyright owner
• Affects duration of copyright and termination rights

Transfer of rights

• Copyright can be transferred in whole or in part
• Requires written agreement signed by copyright owner
• Licensing allows limited use without transferring ownership
• Importance of clear contracts specifying rights transferred

Copyright registration

• Copyright registration, while not mandatory, provides significant benefits for media creators and companies
• Understanding the registration process is essential for maximizing legal protection of creative works

Benefits of registration

• Creates public record of copyright claim
• Required for filing infringement lawsuit in U.S. courts
• Allows recovery of statutory damages and attorney's fees
• Serves as prima facie evidence of copyright validity

Registration process

• Submit application to U.S. Copyright Office
• Provide copies of the work (deposit requirement)
• Pay required fee (varies based on type of registration)
• Online registration system streamlines process
• Examination by Copyright Office for compliance with legal requirements

Fair use doctrine

• Fair use doctrine plays a critical role in balancing copyright protection with free expression in media
• Understanding fair use is essential for media professionals to navigate content usage without infringing copyrights

Four factors of fair use

• Purpose and character of the use (commercial vs. nonprofit educational)
• Nature of the copyrighted work (factual vs. creative)
• Amount and substantiality of the portion used
• Effect on the potential market for or value of the copyrighted work

Transformative use concept

• Alters original work with new expression, meaning, or message
• More likely to be considered fair use
• Includes parody, criticism, and commentary
• Courts increasingly emphasize transformative nature in fair use analysis

Fair use in education

• Educational fair use exceptions are particularly relevant for media used in academic settings
• Understanding these exceptions is crucial for educators and educational media producers

Classroom use guidelines

• Allow limited copying for classroom use without permission
• Restrict multiple copying and creation of anthologies
• Specify limits on length and frequency of copying
• Emphasize spontaneity and cumulative effect of use

Library and archive exceptions

• Permit libraries to make limited copies for preservation
• Allow interlibrary loan and replacement of damaged copies
• Enable creation of copies for user study and research
• Specify conditions for making digital copies of analog works

Digital copyright issues

• The digital age has introduced new challenges and complexities to copyright law in media
• Understanding digital copyright issues is essential for navigating online content creation and distribution

DMCA provisions

• Safe harbor protections for online service providers
• Anti-circumvention rules for technological protection measures
• Notice and takedown procedures for infringing content
• Penalties for false copyright claims

Online service provider liability

• Limited liability for user-generated content
• Requirements for implementing copyright policies
• Importance of responding to takedown notices
• Termination of repeat infringers' accounts

Copyright infringement

• Copyright infringement poses significant legal and financial risks in the media industry
• Understanding types of infringement and potential consequences is crucial for compliance and risk management

Types of infringement

• Direct infringement (unauthorized use of copyrighted work)
• Contributory infringement (knowingly inducing or materially contributing to infringement)
• Vicarious infringement (profiting from infringement while having right and ability to control it)
• Willful infringement (intentional violation of copyright)

Penalties and remedies

• Injunctions to stop infringing activities
• Monetary damages (actual damages or statutory damages)
• Impoundment and destruction of infringing materials
• Criminal penalties for certain types of infringement

Public domain

• The public domain represents a vital resource for media creators, offering freely usable content
• Understanding public domain status is essential for leveraging existing works in new media productions

Definition and scope

• Works not protected by intellectual property laws
• Includes expired copyrights, government works, and dedicated works
• No restrictions on use, reproduction, or distribution
• Importance of verifying public domain status before use

Entering the public domain

• Expiration of copyright term
• Failure to renew copyright (for certain older works)
• Dedication to public domain by copyright owner
• Government works (created by federal employees in official capacity)

Creative Commons licenses

• Creative Commons licenses offer flexible options for sharing and using media content
• Understanding CC licenses is crucial for both creators and users of open-access media

Types of CC licenses

• Attribution (CC BY)
• Attribution-ShareAlike (CC BY-SA)
• Attribution-NoDerivs (CC BY-ND)
• Attribution-NonCommercial (CC BY-NC)
• Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)
• Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)

Advantages and limitations

• Facilitates sharing and reuse of creative works
• Allows creators to specify permitted uses
• Simplifies licensing process for both creators and users
• May limit commercial exploitation or derivative works

International copyright law

• International copyright law is crucial for media professionals operating in a global marketplace
• Understanding international agreements helps navigate cross-border content creation and distribution

Berne Convention

• Established minimum standards for copyright protection
• Automatic protection without registration requirement
• National treatment principle for foreign works
• Minimum copyright term of life plus 50 years

WIPO treaties

• WIPO Copyright Treaty (WCT) addresses digital technologies
• WIPO Performances and Phonograms Treaty (WPPT) covers performers' rights
• Require signatories to provide legal remedies against circumvention of technological protection measures
• Establish rights management information systems

Copyright vs other IP rights

• Understanding the distinctions between copyright and other forms of intellectual property is crucial for comprehensive media rights management
• Different types of IP protection often overlap in media products, requiring careful consideration

Copyright vs trademark

• Copyright protects original creative works
• Trademark protects brand names, logos, and slogans
• Copyright focuses on expression, trademark on source identification
• Trademarks can potentially last indefinitely, while copyrights have limited terms

Copyright vs patent

• Copyright protects creative expression
• Patents protect inventions and functional designs
• Copyright arises automatically, patents require application and examination
• Patents offer stronger protection but for shorter duration

Future of copyright

• The evolving media landscape continues to challenge traditional copyright concepts
• Understanding emerging issues and proposed reforms is crucial for media professionals to anticipate future legal developments

Challenges in digital age

• Ease of copying and distributing digital content
• User-generated content and remix culture
• Artificial intelligence and machine-created works
• Cross-border enforcement in global digital markets

Proposed reforms

• Modernizing fair use for digital contexts
• Addressing orphan works (copyrighted works with untraceable owners)
• Streamlining licensing for mass digitization projects
• Balancing copyright terms with public domain expansion