Images, music, video Images, music, video footage - copyright issuesfootage - copyright issues

Presentation byPresentation byMrs Caroline LohMrs Caroline Loh

for IS Tech Module for IS Tech Module “Flash Applications”“Flash Applications”

(Mr Lek Ngee Seng/ECE Div)(Mr Lek Ngee Seng/ECE Div)

23 Jan 200623 Jan 2006

Ngee Ann Polytechnic Library © 2006Ngee Ann Polytechnic Library © 2006

ScopeScope• Copyright basicsCopyright basics

• What is copyright ?What is copyright ?

• What does it protect and not protect?What does it protect and not protect?

• Who owns © ?Who owns © ?

• Legal rights of © ownersLegal rights of © owners

• Fair dealingFair dealing

ScopeScope• © Duration© Duration

• Using Images of People, Places, Buildings, ThingsUsing Images of People, Places, Buildings, Things

• Images produced by Government BodiesImages produced by Government Bodies

• Public Domain imagesPublic Domain images

• InfringementInfringement

• Rights Management InformationRights Management Information

• Circumvention of Technological MeasuresCircumvention of Technological Measures

• Copyright Online DatabaseCopyright Online Database

What is CopyrightWhat is Copyright• Form of protection given by S’pore laws to Form of protection given by S’pore laws to

authors of original works such as literary, authors of original works such as literary,

dramatic, musical, artistic and certain other dramatic, musical, artistic and certain other

intellectual worksintellectual works

• Confers on author the right to make and Confers on author the right to make and

sell his own workssell his own works

• Infringement is illegal Infringement is illegal

CopyrightCopyright

• Copyright Act 1987Copyright Act 1987

• Amended 1999 to incorporate Amended 1999 to incorporate

© in the digital environment© in the digital environment

• Amended 2004 to keep pace with new Amended 2004 to keep pace with new

Internet technologiesInternet technologies

Nature of CopyrightNature of Copyright• Protection is almost worldwideProtection is almost worldwide

Berne Convention –© treaty adhered to almost Berne Convention –© treaty adhered to almost internationallyinternationally

Berne Convention for the Protection of Literary and Berne Convention for the Protection of Literary and Artistic Works – 21 Sep 1998 Artistic Works – 21 Sep 1998

Works first published in S’pore, or by S’pore Works first published in S’pore, or by S’pore citizens/residents entitled to © protection in > 100 citizens/residents entitled to © protection in > 100 countries party to Convention. Citizens countries party to Convention. Citizens from member countries reciprocally enjoy copyright protection in Singapore for their works.

© symbol unnecessary© symbol unnecessary

• Practical significance – alerts user of a copyright Practical significance – alerts user of a copyright claimclaim

What does Copyright Protect What does Copyright Protect ??

• Literary worksLiterary works – books, articles … – books, articles …• CompilationsCompilations – directories, databases – directories, databases• Computer programsComputer programs • Dramatic worksDramatic works – –

choreography, screenplays, choreography, screenplays, plays and mimeplays and mime

• Artistic worksArtistic works – include “graphic works” include “graphic works”

• paintings, drawings, diagrams, maps, charts, plans, paintings, drawings, diagrams, maps, charts, plans, • engravings, etchings, lithographs, woodcuts or similar engravings, etchings, lithographs, woodcuts or similar

worksworks• Photographs (includes slides, negatives, microfilm, Photographs (includes slides, negatives, microfilm,

exclude stills from movies), cartoons, collages, craft exclude stills from movies), cartoons, collages, craft work, sculpture, buildings and model of buildings, work, sculpture, buildings and model of buildings, maps and plansmaps and plans

• FilmsFilms – separate protection for : – separate protection for :

– visual images visual images

– sounds sounds

– Other components, such as script and musicOther components, such as script and music

What does Copyright Protect What does Copyright Protect ??

What does Copyright Protect What does Copyright Protect ??

• Sound recordingsSound recordings – CDs, cassettes – CDs, cassettes

– the musicthe music

– the story the story

– the particular recording itselfthe particular recording itself

What is not protected ?What is not protected ?

• Information, ideas, styles or techniquesInformation, ideas, styles or techniques

• Free to research material and take info, facts or Free to research material and take info, facts or

ideas for a topicideas for a topic

Copying another person’s words – no Copying another person’s words – no

acknowledgement – plagiarism acknowledgement – plagiarism

– non-ethical -- copyright infringement– non-ethical -- copyright infringement

Who owns copyright ?Who owns copyright ?

General ruleGeneral rule – creator owns copyright – students own – creator owns copyright – students own

copyright in material they createcopyright in material they create

Exceptions:Exceptions:

• Material created by employees as part of their job – Material created by employees as part of their job –

copyright owned by employercopyright owned by employer

• Some commissioned materialSome commissioned material

• Material created for government Material created for government

Legal rights of copyright Legal rights of copyright ownersowners

• Exclusive rights to do Exclusive rights to do certain things with their certain things with their material. Anyone who material. Anyone who wants to use copyright wants to use copyright material in any of these material in any of these ways needs permission. ways needs permission.

Legal rights of copyright Legal rights of copyright ownersowners

• This includes:This includes:

– To “reproduce” the work (such as making photocopies, To “reproduce” the work (such as making photocopies, digitising it, or printing a file)digitising it, or printing a file)

– To “communicate” the work to the public, eg. putting To “communicate” the work to the public, eg. putting onto a website, broadcasting or faxing it or emailing onto a website, broadcasting or faxing it or emailing digital files containing the workdigital files containing the work

– Perform the work in publicPerform the work in public

– Publish the workPublish the work

– Modify, create derivations such as make a translation, Modify, create derivations such as make a translation, dramatised version or a picture version of a work, eg. dramatised version or a picture version of a work, eg. a cartoon, or arrange a piece of musica cartoon, or arrange a piece of music

Fair Dealing & Reasonable Fair Dealing & Reasonable PortionPortion

• Fair dealing for research or study Fair dealing for research or study

– reasonable portionreasonable portion : : For a work of more than 10 pages :For a work of more than 10 pages :

• 10% of the number of pages in that edition10% of the number of pages in that edition

• 1 chapter 1 chapter

Electronic worksElectronic works• 10% of the total number of bytes in that edition, or10% of the total number of bytes in that edition, or

• Contains only the whole or part of a single chapter Contains only the whole or part of a single chapter of the work of the work

Copying more than entitlement – obtain permission Copying more than entitlement – obtain permission from © ownerfrom © owner

Fair DealingFair Dealing• Allows reasonable extent of copying without Allows reasonable extent of copying without

infringing copyright for following purpose :infringing copyright for following purpose :– Research or study Research or study

• reasonable portionreasonable portion

– Criticism, review, comment, opinionCriticism, review, comment, opinion• Of works. Of works.

– Reporting newsReporting news• In newspaper, magazine or periodicalIn newspaper, magazine or periodical• Via broadcasting/cable programme service/filmVia broadcasting/cable programme service/film• celebrities / ordinary people, living / dead are allowed

Sufficient acknowledgment of itemSufficient acknowledgment of itemObtain permission if you need to copy whole workObtain permission if you need to copy whole work

Fair Dealing

• The courts will consider the following :– the purpose and character of the use, including

whether it is for commercial or non-profit educational purposes;

– the nature of the work;– the amount and substantiality of the part copied

taken in relation to the whole work or adaptation; – the effect of the use upon the potential market of

the copyrighted work.

Fair Use Guidelines for Educational Fair Use Guidelines for Educational Media Media

(US Consortium of College & University Media (US Consortium of College & University Media Centers)Centers)

Material TypeMaterial Type MaximumMaximum

TextText 10% or 10% or 1,000 words1,000 words, whichever is , whichever is lessless

VideosVideos 10% or 10% or 3 mins3 mins, whichever is less, whichever is less

Music, lyrics and Music, lyrics and music videosmusic videos

10% or 10% or 30 seconds30 seconds from an from an individual musical workindividual musical work

Illustrations and Illustrations and photographsphotographs

Collective work – 10% or 15 images, Collective work – 10% or 15 images, whichever is lesswhichever is less

Duration of CopyrightDuration of Copyright

Unpublished worksUnpublished works •Author’s life + Author’s life + 7070 yrs after death yrs after death

Anonymous worksAnonymous works 7070 yrs after first publication yrs after first publication

Published worksPublished works Author’s copyright : Life + Author’s copyright : Life + 7070 yrs yrsPublisher’s copyright : 25 yrs after Publisher’s copyright : 25 yrs after first publicationfirst publication

Sound recordingSound recording 7070 yrs after first publication yrs after first publication

Films/videosFilms/videos •Perpetual if unpublishedPerpetual if unpublished•7070 yrs after first publication yrs after first publication

PhotographsPhotographs 7070 yrs after photo was taken yrs after photo was taken

Using Images of PeopleUsing Images of People

Taking pictures of Taking pictures of people in public people in public

placesplaces is permitted, provided you do is permitted, provided you do

not intrude into their privacy, eg.not intrude into their privacy, eg.

- picture illustrating people skiing is - picture illustrating people skiing is

OKOK

- patients inside hospitals – NOpatients inside hospitals – NO

Using Images of PeopleUsing Images of PeopleCareful not to :Careful not to :

• Invade people’s privacyInvade people’s privacy• defame the person in the image through defame the person in the image through

captions or narrationcaptions or narration• portray them in a false light portray them in a false light • libel them or slander them with falsehoods libel them or slander them with falsehoods • injure their reputation injure their reputation • hold them up to ridicule hold them up to ridicule • distort their image by cropping or altering distort their image by cropping or altering

• Individual can sue for monetary losses and mental Individual can sue for monetary losses and mental

anguishanguish

Using Images of PeopleUsing Images of People• Presidents / politicians – normally

permissible if there is no suggestion of endorsement of a commercial product, service or enterprise. However, best to seek permission

Using Images of PlacesUsing Images of Places

• Shot on someone’s Shot on someone’s property – you need his property – you need his permission. A signed permission. A signed “location release” can “location release” can prove photographer had prove photographer had permissionpermission

• Police scenes – police Police scenes – police may legally prevent you may legally prevent you from shooting if they from shooting if they think you are interfering think you are interfering with their workwith their work

Protected Places or Protected Places or Items Inside a Items Inside a

Building/PropertyBuilding/Property• Many businesses Many businesses prohibit photos or videos prohibit photos or videos for security reasons, to for security reasons, to protect their trade protect their trade secrets or their “trade secrets or their “trade dress”dress”• Cannot photograph Cannot photograph military or naval military or naval installations & equipmentinstallations & equipment

Using Images of Using Images of BuildingsBuildings

• Pictures of buildings in public places / Pictures of buildings in public places / ordinarily visible from public places are ordinarily visible from public places are permitted by lawpermitted by law

• Making, distributing, or public display of Making, distributing, or public display of pictures, paintings, photographs, or other pictures, paintings, photographs, or other pictorial representations of places is pictorial representations of places is permittedpermitted

Using Images of Private Properties

• Seek permission for non-commercial use

• For commercial or advertising use -- obtain a signed property release from the owner so that there is no accusation of violation of property rights.

• Publishers and advertising agencies insist on having property releases

Using Images of ThingsUsing Images of Things

• Logos, symbols, devices, brand names, Logos, symbols, devices, brand names, company names, anything which are company names, anything which are marked with marked with TMTM (trademark) (trademark) SMSM (service mark) or (service mark) or ® (Registered trademark) in an image. ® (Registered trademark) in an image. Trademarks are protected as long as they are in Trademarks are protected as long as they are in use by the owner, eg. a public domain picture of use by the owner, eg. a public domain picture of Donald Duck or Mickey Mouse. Get permission.Donald Duck or Mickey Mouse. Get permission.

• More acceptableMore acceptable will be its use to illustrate a video will be its use to illustrate a video box or to put in a catalogue to box or to put in a catalogue to describe the film.describe the film.

Shapes of Objects• If the shape of an object, eg. Wine bottle,

identifies goods or distinguishes it from others, the shape may be protected. Trademarked shapes include Coca-Cola bottle, KitchenAid® Stand Mixer, Mickey Mouse ears.

Use of Reproduction of CurrencyConditions on Reproduction of Currency Notes and Coins /

Board of Commissioners of Currency, S’pore : • In b&w or the same colours as the actual• No distorting its shape and design• No protruding from objects /receptacles, overlaid with any

object or article, or folded or rolled or depicted in the shape of any object

• No featuring with any design which shows disrespect to any other country

• No using with adverts related to alcoholic drinks or smoking of cigarettes or other forms of tobacco

• No using for ornamental or decorative purposes• Coins may be used in its actual size.

Reproduction of Currency Notes• Must be at least 1½ times larger or at least

3/5 the original size

• Must be enlarged or reduced in size in right proportions

• Must not be by way of duplex printing (ie printing of the design of currency notes on the front and back of any paper is not permitted)

• Must not be on watermarked currency paper

• All negatives, blocks, plates and other materials used in the reproduction must be destroyed when not required.

Must contain the word “SPECIMEN” in black and bold, lettering diagonally across the reproduction (but not to cover any part of any portrait)

Reproduction of Stamps

• Adopt same size constraints for uncancelled stamps in colour as for currency notes, ie. 1 ½ times or 3/5 of original size

                                                    

Government Images• Many public domain images come with the

restriction that they may not be used to state or imply the endorsement of a commercial product, process or service, or used in any other manner that may mislead.

• Look for any terms and conditions against its free use. The US Govt makes available many free images eg. NASA photo of the earth taken by NASA’s Apollo 17 astronauts.

How to Tell if Images are in Public Domain

• Published or © 1936 or earlier. By law, copyright on these images would have expired

Public Domain Images

• If you take a public domain photo from a published book or on a Web page (ie. reproduction), you must :– get permission from the publisher as he owns rights

to the reproduction.– Otherwise, go to the original source and make a

copy from there

Public Domain Images

• Anyone who makes copies of public domain images may claim copyright to the reproduction of them.

• You may not use reproduction without permission.

• Users of another’s property may be sued for misappropriation. So, getting an original is crucial.

Captions and Credits

• Organisations do not want to be viewed as giving endorsement of your product or use.

• If you use a public domain image of a piece of art that may be say, in a museum, don’t mention the name of the museum in a caption or credit line without permission.

People, Place, Things, Events

• People, place, things and events all have rights to consider when using an image.

• Know as much as you can about the who, what, when, where and why of the images you use or make

• Get releases and document facts as you go along

• Be sure to see everything in the images, even the fleeting or what is in the backgrounds, and think in terms of “underlying rights”.

Commercial/Advertising Use• Seek permission at all times. Cannot use :

– Celebrities– Politicians– The Singapore flag– Someone’s property– Someone’s things – property rights violation

• Prior written consent (Model Release) (Model Release) needed to use a living person’s name, portrait or picture. Avoid giving impression of implied endorsement

• T-shirts, posters or other merchandise -- commercial use• Commercial magazine cover -- requires a model release just

like an advertisement. If you cannot get model release, modify image to make the people unrecognizable

Using Images, Sounds and Movie Using Images, Sounds and Movie Clips Clips

from Internetfrom Internet

• Illegal to use a © image without permission from © holder.Illegal to use a © image without permission from © holder.

• Check © status of an image before using itCheck © status of an image before using it

• Check © policy of original source of any sound fileCheck © policy of original source of any sound file

• Graphics – look for royalty-free / free-to-use / non-commercial Graphics – look for royalty-free / free-to-use / non-commercial

use / educational use of graphicsuse / educational use of graphics

• Photos with people – copyrighted. Look for Photos with people – copyrighted. Look for

instructions, eg. must cite URL when instructions, eg. must cite URL when

using their photographs.using their photographs.

Seeking Permission• Consideration based on :

- territory of use- Term of use (1 year / perpetual, etc)- Exclusivity (you are the one and only user, or

you share use with other users)- How large it will be reproduced- How many people will see it - Nature of your use (in a TV broadcast, a

brochure, etc)- Nature of your organisation (educational

institution, not-for-profit organisation, etc)

Seeking Permission

• Copyright owners can charge a “permission fee”, eg. Singapore Press Holdings (SPH) charges reproduction fee of $750 per image for 3 months for posting on individual or corporate websites

• Copyright owners can dictate restrictions, eg. Works not to be used for “advertising or trade purposes”

Using Music

• Music is a problem in public domain films and videos, as it is an underlying work – there may not be copyright on the film itself but the soundtrack has an underlying rights problem, eg. It’s a Wonderful Life; Over the Rainbow.

• Clear copyright according to nature of use.

• Composers and Authors Society of Singapore (COMPASS) – 1 stop centre for licensing musical works for digital distribution

• 2 important criterias for consideration :– Nature of use – how application is to be hosted, eg. websites, multimedia

guides, courseware etc. • COMPASS has expressed that they are not

concerned with use of musical works for educational purpose hosted on Intranet.

• Seek permission for :– commercial use – where applications are hosted on publicly accessible web

pages.

National & Community SongsNational & Community Songs

Check Check outoutTerms & Terms & conditionsconditionsof useof use

Bloggers & Use of Music

• Bloggers /personal website owners – may soon have to license the background music used on their online journals / websites.

• Websites where song cannot be downloaded or with no advertising : – pay $1,000 a year for up to 10 songs;– $5,000 for playing 11 to 49 songs;– $10,000 for over 50 songs

• Uploading songs on Net chat channel for people to download – distributing illegal digital music files on Internet

• Case involving 2 youths – trial in early Feb

• Sued by Recording Industry Association of S’pore (Rias) – represents music companies like Sony and Warner Music here.

Using Stock Footage

• Public domain films may contain stock footage, news footage and other elements licensed only to the producer for specific use in the film.

• Study the film credits to confirm if the segment you are interested has any third party proprietary rights

• Using all / significant part of a copyright Using all / significant part of a copyright material requires permission, unless :material requires permission, unless :– © has expired© has expired– Special exception applies, usually to Special exception applies, usually to

educational institutionseducational institutions– Where there is fair useWhere there is fair use

InfringementInfringement

Actions for InfringementActions for Infringement

Types of relief court may grant includes:Types of relief court may grant includes:– An injunction – court orderAn injunction – court order– Damages – compensation moneyDamages – compensation money– An account of profitAn account of profit– Where plaintiff elects for an award of statutory Where plaintiff elects for an award of statutory

damages damages • $10,000 max for each work infringed$10,000 max for each work infringed• $200,000 max in total, unless plaintiff proves his actual loss $200,000 max in total, unless plaintiff proves his actual loss

exceeds the amountexceeds the amount

Copyright owners may follow up on Copyright owners may follow up on infringements within 6 years infringements within 6 years

Consideration for Consideration for Statutory DamagesStatutory Damages

• Nature and purpose of infringing act, including whether Nature and purpose of infringing act, including whether commercial naturecommercial nature

• Flagrancy of infringementFlagrancy of infringement• Whether defendant acted in bad faithWhether defendant acted in bad faith• Any loss suffered/will be suffered to plaintiffAny loss suffered/will be suffered to plaintiff• Any benefit to have accrued to defendantAny benefit to have accrued to defendant• Conduct of parties before and during proceedingsConduct of parties before and during proceedings• Need to deter other similar actsNeed to deter other similar acts• All other relevant mattersAll other relevant matters

Presumption of Copyright Presumption of Copyright and Ownershipand Ownership

• In an issue before the court, In an issue before the court,

presumption of copyright presumption of copyright

subsistence or ownership in the subsistence or ownership in the

plaintiff applies.plaintiff applies.

•Defendant cannot satisfy court of Defendant cannot satisfy court of

his action, he is guiltyhis action, he is guilty

Rights Management Rights Management Information (RMI)Information (RMI)

• Includes info which Includes info which

identifies a work or subject identifies a work or subject

matter, eg. watermarkmatter, eg. watermark

• Offence to remove any RMI Offence to remove any RMI

attached attached

Circumvention of Circumvention of Technological MeasuresTechnological Measures

• Technological access control measureTechnological access control measure• Technological protection measure Technological protection measure

• any technology, device or component that controls any technology, device or component that controls access, or prevents or limits doing of any act access, or prevents or limits doing of any act

– Cracking of passwordsCracking of passwords– Unscrambling encrypted info Unscrambling encrypted info

(except: research on encryption technology)(except: research on encryption technology)– Removal of digital watermarksRemoval of digital watermarks

Penalty fine : $20,000 or 2 yrs imprisonmentPenalty fine : $20,000 or 2 yrs imprisonment• Minister may exempt educational institutions Minister may exempt educational institutions

from penaltyfrom penalty

Circumvention of Circumvention of Technological MeasuresTechnological Measures

Infringements & Unauthorised Infringements & Unauthorised UseUse

• Any infringements/unauthorised use Any infringements/unauthorised use before the amended Act will be dealt with before the amended Act will be dealt with according to the Act which was in force according to the Act which was in force prior to 29 Nov 2004prior to 29 Nov 2004

Criminal OffenceCriminal Offence

• Wilful infringement of copyrightWilful infringement of copyright– Extent is significantExtent is significant– There is commercial advantage in the process There is commercial advantage in the process

(substantial prejudicial impact)(substantial prejudicial impact)

• Criminal offenceCriminal offence – fine $20,000 max and/or imprisonment 6 months maxfine $20,000 max and/or imprisonment 6 months max– 22ndnd or subsequent offence, fine $50,000 and/or or subsequent offence, fine $50,000 and/or

imprisonment 3 yrsimprisonment 3 yrs

FAQsFAQs

• May I put unaltered images on Intranet?May I put unaltered images on Intranet?– Yes, for educational use. Yes, for educational use.

• May I put unaltered images on my May I put unaltered images on my website?website?– No, for advertising / commercial use on No, for advertising / commercial use on

Internet Internet – Yes, no advertisements, no sponsors, no Yes, no advertisements, no sponsors, no

charge, does not offer any products for salecharge, does not offer any products for sale

FAQsFAQs

• May I print images from this website for an May I print images from this website for an assignment?assignment?– Yes, for personal or academic work, not for Yes, for personal or academic work, not for

publicationpublication

• How do I obtain permission for other forms How do I obtain permission for other forms of publication?of publication?– Obtain prior written approval from relevant authority. Obtain prior written approval from relevant authority. – Usually case-by-case. Usually case-by-case. – Usage fee may be involvedUsage fee may be involved

ScopeScope• Copyright basicsCopyright basics

• What is copyright ?What is copyright ?

• What does it protect and not protect?What does it protect and not protect?

• Who owns © ?Who owns © ?

• Legal rights of © ownersLegal rights of © owners

• Fair dealingFair dealing

ScopeScope• © Duration© Duration

• Using Images of People, Places, Buildings, ThingsUsing Images of People, Places, Buildings, Things

• Images produced by Government BodiesImages produced by Government Bodies

• Public Domain imagesPublic Domain images

• InfringementInfringement

• Rights Management InformationRights Management Information

• Circumvention of Technological MeasuresCircumvention of Technological Measures

• Copyright Online DatabaseCopyright Online Database

Images, music, video Images, music, video footage - copyright issuesfootage - copyright issues

The EndThe End

Reference : Tambert, Scott. Reference : Tambert, Scott. How to Use Images LegallyHow to Use Images Legally. Washington, D.C. . Washington, D.C. Alexander Media LLC, 2002. Alexander Media LLC, 2002. Source of Images : Microsoft.com; Source of Images : Microsoft.com; www.pdimages.com/web9.htm© 2006 NP Library. Revised : 15 Jan 2006© 2006 NP Library. Revised : 15 Jan 2006