MAC 273Copyright©

Copyright“Most occasions on which the media will

wish to use copyright material do not pose problems, either because the originator is only too happy for his or her exudations to be publicised, or because arrangements have been made to pay a suitable royalty or licensing fee”

Robertson and Nicol, 2008, P344

LegislationCopyright Act 1956Copyright, Designs & Patents Act

1988Copyright and Related Rights

Regulations 2003EU Copyright directive 2001Digital Economy Act 2010

Copyright, Design & Patents Act 1988Copyright is a property right which subsists

in accordance with this Part in the following descriptions of work

(a)original literary, dramatic, musical or artistic works,

(b)sound recordings, films, broadcasts or cable programmes, and

c)the typographical arrangement of published editions

Copyright notice“The copyright in this recording is

owned by…. All rights reserved. Un-authorised copying, reproduction, hiring, lending, public performance and broadcasting prohibited”

“A copyright is a kind of property. It can be owned and sold, and the law protects against its theft. Ordinarily, the copyright owner gets to hold out for any price he wants”Lawrence Lessig, Free Culture

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the authorUniversal Declaration of Human Rights, 1948

Copyright

What does copyright do?It protects the copyright owner’s work

From un-authorised use or exploitationIt ensures right holders have control over

their workThrough licences or agreements

it protects the investment made to produce itAnd ensures a return for the investment

People involvedThe Interviewee CONTRIBUTED to the workThe production company FUNDED the work The Producer MADE the workThe Publisher DISTRIBUTED the work The public BOUGHT the work

But who owns it??

Principles of copyrightWork is ownedIs Original work which involved the

expenditure of “Skill, labour and judgement...capital”

“The basic rights of copyright include: the right to copy the work; the right to issue copies of it to the public; the right to rent or lend copies to the public; the right to perform the work in public; the right to communicate the work to the public; the right to make an adaptation of the work” (Smart, 2011, P288)

Copyright in musicMechanical

The sound recording by THAT artistExercised by a record company (or artist) Defined by for “phonogram” or sound ℗

recordingPublished

© musical copyrightThe lyrics and music as written by the

composersexercised by a publishing company

Frith and Marshall: Music and Copyright, 2004, P6“If you buy a CD, then you own the

physical disc and the recordings of the musical works on it. You can listen to the works, lend the CD to your friends, write rude comments all over the sleeve notes or use it as a frisbee. You own the thing as a material, physical object. You cannot, however, copy it because you do not own the copyright”

Copyright bodies - represent owners of recorded music…in the UK

Performing Right Society (PRS)Composers

Phonographic Performance Ltd (PPL)Performers & Record Labels

Video Performance LtdMusic videos

Mechanical Copyright Protection Society (MCPS)owners of recordings, dubbing and storage

The lyrics and the score

The recording

…Copyright “is an unregistered right and arises

automatically on the creation of material, provided that the material is original and that the work must be recorded in a permanent form”

Ursula Smart, Media & Entertainment Law, 2011, P322

CopyrightsThe ScoreThe LyricsThe ScriptThe film itselfThe sets and

costumesThe graphics and

fontsThe storylineThe characters

Durations of copyrightLiterary, musical, dramatic and artistic works -

typically 70 years from deathFilms – 70 years from the death of the last to

survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film

Sound recordings (inc music) and broadcast - 50 years from broadcast/issue (inc .TV and youtube videos)

Published editions - 25 years

Restricted ActsCopying, (even to your iPod)Lending, hiring or adapting without consentUsing copyright work without the permission

of the owner without agreement or licence unless an exception applies

Permitted ActsPrivate and research study purposes.Performance, copies or lending for educational purposes.Criticism and news reporting. Incidental inclusion – in vision but not in musicCopies and lending by librarians.Acts for the purposes of royal commissions, statutory

enquiries, judicial proceedings and parliamentary purposes.

Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting.

Producing a back up copy for personal use of a computer program.

Playing sound recording for a non profit making organisation, club or society

BBC Copyright: iPlayer

Exceptions to copyright restrictions‘FAIR DEALING’ (or Use) is allowed:

But is not clearly defined in lawReview or incidental (in UK/EU)

‘In theory, fair use means you need no permission… But in practice, fair use functions very differently… effective fair use for many types of creators is slight. The law has the right aim; practice has defeated the law’ Lessig, 2004, P91

Incidental UseFair Dealing can apply if The extracts that are not substantial and if

Material in background that is Incidental to the programme

Or is not intended such as news or live broadcasting

For the purposes of review or in coverage of current events

But… it still could breach copyright!

Other Rights“Moral Rights” to control how our work is

usedPaternity Right – to be identified as ‘author’Integrity Right – to object to derogatory

treatmentRight against false attributionOver private photographs

The rights of actors “UK law has determined that anyone performs in a film has rights in their performance” (Smart, P324)

Rights Clearance“For intellectual Property, the producer

needs to establish suitable rights of ownership in each participant’s contribution – or a clear ‘chain of title’ as it is commonly known”Baden-Powell, Bleakley, Eneberi: intellectual

Property and Media Law Companion, 2010In other words…Do you have the rights to use everything in the film or programme?Do you have permissions?Have contributors waived rights where needed?

Getting permission

4Docs

Your own work..Is under copyrightBut YOU must clear

everything in it, if you want distribution

You can share your own work under CC

Exam

Tuesday May 7th2pm Reg Vardy 405