Mac 273 copyright

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Mac 273 copyright

  1. 1. Copyright
  2. 2. 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
  3. 3. Legislation Copyright Act 1956 Copyright, Designs & Patents Act 1988 Copyright and Related Rights Regulations 2003 EU Copyright directive 2001 Digital Economy Act 2010
  4. 4. Copyright, Design & Patents Act 1988 Copyright 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
  5. 5. Copyright notice “The copyright in this recording is owned by…. All rights reserved. Un-authorised copying, reproduction, hiring, lending, public performance and broadcasting prohibited”
  6. 6. Copyright“A copyright is a kind of property. It can be owned andsold, and the law protects against its theft. Ordinarily,the copyright owner gets to hold out for any price hewants”Lawrence Lessig, Free CultureEveryone has the right to the protection of the moraland material interests resulting from any scientific,literary or artistic production of which he is the authorUniversal Declaration of Human Rights, 1948
  7. 7. What does copyright do? It protects the copyright owner’s work  From un-authorised use or exploitation It ensures right holders have control over their work  Through licences or agreements it protects the investment made to produce it  And ensures a return for the investment
  8. 8. Principles of copyright Work is owned Is 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)
  9. 9. Copyright in music Mechanical  The sound recording by THAT artist  Exercised by a record company (or artist)  Defined by ℗ for “phonogram” or sound recording Published  © musical copyright  The lyrics and music as written by the composers  exercised by a publishing company
  10. 10. 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”
  11. 11. Copyright bodies - represent owners of recorded music…in the UK Performing Right Society (PRS) The lyrics Composers and the Phonographic Performance Ltd (PPL) score Performers & Record Labels Video Performance Ltd Music videos The Mechanical Copyright Protection Society (MCPS) recording owners of recordings, dubbing and storage
  12. 12. …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
  13. 13. Durations of copyright Literary, musical, dramatic and artistic works - typically 70 years from death Films – 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
  14. 14. Restricted Acts Copying, (even to your iPod) Lending, hiring or adapting without consent Using copyright work without the permission of the owner without agreement or licence  unless an exception applies
  15. 15. Permitted Acts Private and research study purposes. Performance, copies or lending for educational purposes. Criticism and news reporting. Incidental inclusion – in vision but not in music Copies 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
  16. 16. BBC Copyright: iPlayer
  17. 17. Exceptions to copyright restrictions ‘FAIR DEALING’ is allowed:  But is not clearly defined in law  Review 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
  18. 18. Incidental Use Fair 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!
  19. 19. Other Rights “Moral Rights” to control how our work is used  Paternity Right – to be identified as ‘author’  Integrity Right – to object to derogatory treatment  Right against false attribution  Over private photographs The rights of actors “UK law has determined that anyone performs in a film has rights in their performance” (Smart, P324)
  20. 20. 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, 2010 In 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?
  21. 21. Your own work.. Is under University copyright But YOU must clear everything in it, if you want distribution You can share your own work under CC
  22. 22. ExamThursday May 17th1pm – CitySpace Hall. CITY Campus

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