Copyright & Fair Use

How to Use Outside Sources of Media Legally

What is Copyright?

How Can I Register My Copyright?

Copyright Office of the Library of Congresswww.loc.gov

FAQ

• Do I have to register my copyright to own it?• How do I use that copyright symbol © properly?• Do I have to use the copyright symbol to own it?

How Can I Legally Use the Work of Others?

Get Permission for Free Use(e.g., Parker Bros., Harley Davidson)Google: “Copyright Permission Form”

Pay For Permission to Use(e.g., ASCAP, BMI, stock photography)

Use Work That Already Has Permission Granted and is Fee-free and Royalty-free(see my web site links)

Use Work That is In Public Domain:- Government- Public Domain Laws

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What is “Fair Use”?

• Fair use is defined as "work used for criticism, comment, news reporting, teaching . . . scholarship, or research.“

Library of Congress on Fair Use (includes parody) Copyright and Fair Use (UMUC) Fair Use Guidelines for Multimedia (Intel)

Factors Determining Fair Use:

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 copyrighted work;

amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.

How Can I Legally Use Images That I Create?

• Images of yourself. And things you own• Greeking brands

• Images of People • Model Release Forms

Example: Actor http://www.julietdavis.com/releaseform_actor.docExample: Other http://www.julietdavis.com/releaseform.html

• Images of Property (buildings, land, etc.)• Property Release Forms

• Images of Public Figures• The question of who is or is not a public figure

What will happen if I am caught infringing?

- “Cease and Desist” Letters - Law Suits

How Can I protect myself from law suits?

• First, the bad news: Anyone can sue you for anything, whether you have infringed or not.

Examples: Mattel v. The Body Shop MTV v. student

Mattel v. Tom Forsythe

• In 1999, Utah-based artist Forsythe received a complaint from Mattel, which claimed that a series of images he posted on the web infringed on its Barbie copyright and trademark. Although Forsythe was not making money from the works, he decided to fight the case, obtaining legal aid via the ACLU. In August 2001, a federal court ruled on behalf of Forsythe; Mattel immediately announced plans to appeal

How can I protect myself?

• Read the permission information on clip art, music, photography, video footage, etc.

• KIeep the documentation for your records. • Seek legal council in business matters and gray

areas.• Get release forms BEFORE you create

anything.• Have your clients sign a form that states that all

information they provide you is true.

QUESTIONS?