You have 3 free guides left 😟
Unlock your guides9.2 Copyright law and its application to media content
4 min read•august 16, 2024
Copyright law is the backbone of creative industries, protecting original works and incentivizing innovation. It grants creators exclusive rights to their content, from books to music to software. But it's not just about locking things down – and other exceptions balance protection with public interest.
In the digital age, copyright faces new challenges. Streaming, social media, and user-generated content blur traditional lines. The DMCA tries to address these issues, but debates rage on about how to best protect creators while fostering innovation and access in our interconnected world.
Copyright Law in Media
Key Provisions of Copyright Law
Top images from around the web for Key Provisions of Copyright Law
Copyright - Wikipedia View original
Is this image relevant?
Copyright Law - Legal image View original
Is this image relevant?
School Librarian in Action: Infographics on Philippine Copyright View original
Is this image relevant?
Copyright - Wikipedia View original
Is this image relevant?
Copyright Law - Legal image View original
Is this image relevant?
1 of 3
Top images from around the web for Key Provisions of Copyright Law
Copyright - Wikipedia View original
Is this image relevant?
Copyright Law - Legal image View original
Is this image relevant?
School Librarian in Action: Infographics on Philippine Copyright View original
Is this image relevant?
Copyright - Wikipedia View original
Is this image relevant?
Copyright Law - Legal image View original
Is this image relevant?
1 of 3
- Copyright law grants exclusive rights to creators of original works
- Includes right to reproduce, distribute, perform, display, and create
- Protects various forms of media content (literary works, musical compositions, dramatic works, audiovisual productions, computer software)
- Duration of copyright protection in the United States extends to life of the author plus 70 years for works created after 1978
- Copyright protection activates automatically upon creation and fixation of a work in a tangible form
- Registration with U.S. Copyright Office provides additional benefits (ability to sue for infringement, )
- (DMCA) addresses copyright issues in the digital age
- Includes provisions for online service provider liability
- Establishes anti-circumvention measures for digital rights management technologies
- International copyright agreements provide framework for global copyright protection
- standardizes copyright protection across member countries
- WIPO Copyright Treaty addresses challenges of digital technologies and the internet
Copyright in the Digital Age
- DMCA safe harbor provisions limit liability of online service providers for user-generated content
- Notice and takedown procedures allow copyright owners to request removal of infringing content
- Anti-circumvention provisions prohibit bypassing technological measures that control access to copyrighted works
- Streaming and digital distribution have created new challenges for copyright enforcement
- Geoblocking and territorial restrictions
- Peer-to-peer file sharing and torrent sites
- Social media platforms have implemented content ID systems to detect and manage copyrighted material
- YouTube's Content ID system (automatically identifies and manages copyrighted content)
- Facebook's Rights Manager tool (helps copyright owners protect and manage their content)
Copyright vs Trademarks vs Patents
Distinguishing Intellectual Property Types
- Copyright protects original creative works for a limited time
- Books, music, films, software
- Grants exclusive rights to reproduce, distribute, and create derivative works
- Trademarks safeguard distinctive signs used to identify goods or services
- Logos (Nike swoosh), brand names (Coca-Cola), slogans ("Just Do It")
- Can last indefinitely with proper maintenance and continued use
- Patents protect inventions and technological innovations
- Grants exclusive rights to inventor in exchange for public disclosure
- Limited term (generally 20 years from filing date in the US)
Application in Media Industries
- Copyright in media focuses on content protection
- Screenplay for a film
- Lyrics and melody of a song
- Trademarks in media protect branding and identity
- Network logos (NBC peacock)
- Character names and likenesses (Mickey Mouse)
- Patents in media relate to technological innovations
- Video compression algorithms (MPEG)
- Streaming technologies (adaptive bitrate streaming)
- Overlapping protections often apply to media products
- Video game protected by copyright (code, artwork, music), trademarks (title, logo), and patents (game mechanics)
- Smartphone protected by design patents (appearance), utility patents (functionality), trademarks (brand name), and copyrights (software)
Applying Copyright to Media
Literary and Musical Works
- Literary works receive copyright protection upon creation
- Books, articles, scripts, blog posts
- Protection extends to the specific expression, not underlying ideas or facts
- Musical compositions have separate copyright from sound recordings
- Composition copyright covers melody, harmony, and lyrics
- Sound recording copyright protects specific recorded performance
- Digital publishing introduces new copyright considerations
- E-book lending and resale rights
- Self-publishing platforms and rights management
Audiovisual and Digital Media
- Audiovisual works involve multiple copyrightable elements
- Films, TV shows, video games
- Separate copyrights for visual content, music, and scripts
- Digital media copyright challenges
- Website content (text, images, videos)
- Social media posts and user-generated content
- Online articles and digital journalism
- Photographs and visual artworks copyright considerations
- Originality requirements for copyright protection
- Fair use in reporting and criticism (news photographs)
- Software and computer code protected as literary works
- Source code and object code both covered
- Open-source licensing and copyright implications
Copyright Limitations and Exceptions
Fair Use Doctrine
- Fair use allows limited use of copyrighted material without permission
- Purposes include criticism, commentary, news reporting, teaching, scholarship, research
- Four factors considered in fair use analysis
- Purpose and character of use (commercial vs. non-profit educational)
- Nature of the copyrighted work (factual vs. creative)
- Amount and substantiality of the portion used
- Effect on the potential market for the original work
- Examples of fair use in media
- Movie review using short clips (criticism)
- News broadcast showing copyrighted footage (news reporting)
- Parody song lyrics (transformative use)
Public Domain and Other Exceptions
- works free from copyright protection
- Works with expired copyrights (Shakespeare's plays)
- Works dedicated to public domain by creators (some licenses)
- First sale doctrine limits control over physical copies after initial sale
- Allows resale of books, CDs, and other copyrighted items
- Does not apply to digital copies in many jurisdictions
- Compulsory licenses permit certain uses without explicit permission
- Cover songs in music industry
- Cable retransmission of broadcast television
- Copyright exceptions for libraries and archives
- Limited reproduction for preservation and replacement
- Copying for research and private study
- Idea-expression dichotomy limits scope of copyright protection
- Protects specific expression, not underlying ideas or facts
- Allows multiple works on same topic or theme (vampire romance novels)
© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
