PowerPoint Presentation
CopyrightAndy HorbalPresentation to Professor Paolettis AMST
428E/628F classMarch 23, 2015
OutlineIntroduction
When/how is it appropriate to use a pop song from 1975 in a
video or illustrated online exhibit?
Basics of copyright
In-Class Exercises: Captain & Tennille Love Will Keep Us
TogetherPhotograph of fall of SaigonClip from Jaws
Contact info/slides
Fame
David Bowie - FameRecorded by David Bowie in 1975; composed by
Bowie, John Lennon, and Carlos Alomar
What I want to do with it: Create a video using Fame as the
soundtrackTurn it in to my professor for creditPost the video on
YouTube after the semester is over
Question: Am I allowed to do this?Copyright BasicsIncluded in
U.S. Constitution to promote Progress: enabling artists to make a
living from their work encourages them to keep creating new
things
Whats protected = original works of authorship fixed in any
tangible medium of expression
What isnt = any idea, procedure, process, system, method of
operation, concept, principle, or discovery
The long versionIdea vs. ExpressionExample = recipe on
www.marthastewart.com
Recipe *isnt* protected (any idea, procedure, process, system,
method of operation, concept, principle, or discovery)
Picture + description *is*
Six Exclusive RightsIf you want to do any of these things, you
need to ask for permission!
Reproduce the copyrighted work
Prepare derivative works based on it (e.g. make a movie based on
a book)
Distribute copies to the public
Perform the work publicly
Display the work publicly
Perform sound recordings publicly by means of a digital audio
transmission
Copyright CoverageTerm of copyright = life of author + 70 years
(in most instances)Created before 1923 = in public domainCreated
1923-1978 = might be in public domain, might be protected by
copyrightCreated since 1978 = protected by copyright
Long story short: you dont need it!SummaryAssume all creative
works made since 1923 = protected by copyright
If you want to do anything with a copyrighted work, you need
permission, even if you dont see symbol
Back to Fame
Is it protected by copyright?Original work of authorship?
Yes.Fixed in a tangible medium of expression? Yes.Idea, procedure,
process, system, method of operation, concept, principle, or
discovery? No.When was it created? 1975 = might or might not be
protected by copyright (It is.)
So: It *is* protected by copyrightIf I want to use it in my
project, I need permissionHow to obtain permissionLocate copyright
holderSound recording: Amazon.com Digital Music
CopyrightComposition: Allmusic.com
Warning: it can be hard to get permission from a big company
like a record labelMay not be an issue if youre dealing directly
with an artist, thoughAlways worth a try!Exceptions to Copyright:
Fair UseWhat is it?Category of uses which dont require
permissionThe long version
Exists because sometimes progress is better when people *dont*
have to ask for permissionExample = allowing teachers to use
copyrighted material in PowerPoint presentations!Example = media
criticismFour Fair Use FactorsPurpose + character of use = what are
you using the work for?
Nature of copyrighted work = what do you want to use?
Amount = how much are you using?
Effect of use on potential market for copyrighted work = are you
hindering the artists ability to profit from their work?Codes of
Best PracticesDocumentary Filmmakers' Statement of Best Practices
in Fair Use
Code of Best Practices in Fair Use for Online VideoThe Short
VersionFour factors boil down to two main questions:Did the
unlicensed use "transform" the material taken from the copyrighted
work by using it for a different purpose than that of the
original?Was the material taken appropriate in kind and amount?
Acceptable uses:Employing copyrighted material as the object of
social, political, or cultural critiqueQuoting copyrighted works of
popular culture to illustrate an argument or point
Fair Uses of FameIf Fame = subject of your project, it is okay
to use limited portions of it to make an argument about it as long
as you:Dont use so much that you create a substituteInclude
attribution
If you are using Fame to illustrate an argument or point about
1975, it is okay to use enough (but only enough) of it as you need
to make that point
If no one other than your professor will ever see your project,
you dont need to worry about fair use since you cannot be hurting
the market for the workWhat To Do If Your Use Isnt FairAsk for
permission!
Use a different songAnything created before 1923 = in the public
domain (but this probably wont help you)What *will* help you = CC
Search
Notes on CC SearchSome platforms contain both CC and non-CC
works, so make sure you research permissions
Now its your turn!Exercise 1: Love Will Keep Us Together
Captain & Tennille - Love Will Keep Us TogetherIs it
protected by copyright?Original work of authorship? Fixed in a
tangible medium of expression?Idea, procedure, process, system,
method of operation, concept, principle, or discovery? When was it
created? ?
Whatif anything--can we do with it without permission?Exercise
2: Photograph of the Fall of Saigon
Hubert Van Es/Bettman Corbis; retrieved from
http://en.wikipedia.org/wiki/File:Saigon-hubert-van-es.jpgExercise
3: Clip from JawsScreenshot from Jaws; Steven Spielberg, 1975;
retrieved from https://youtu.be/2I91DJZKRxs
SummaryIf its a song, photograph, movie or any other creative
work, and if it was created since 1923, its probably protected by
copyrightThis means you need to ask for permission to use it,
UNLESS:Yours is a fair useYoure making an argument about it or with
itYoure only using as much as you needYoure including proper
attributionAND youre not creating a substitute for the original
workOr the work is in the public domain or available through a
Creative Commons license
Dont Be Afraid to Ask For Help!Andrew HorbalHead of Learning
Commons1101 McKeldin LibraryUniversity of MarylandCollege Park, MD
20742(301)
[email protected]://www.slideshare.net/horbal125/presentation-on-copyrightFame
(2007 Digital Remaster)David BowieYoung Americans, track 8, disc
11999Pop261033.17eng - Amazon.com Song ID: 202106601Fame (2007
Digital Remaster)David BowieYoung Americans, track 8, disc
11999Pop261033.17eng - Amazon.com Song ID: 202106601Love Will Keep
Us TogetherCaptain & TennilleLove Will Keep Us Together, track
1, disc 12014Pop205595.92eng - Amazon.com Song ID: 245080084
