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1. What is accidental capture?
A: Capturing copyrighted material by mistake.
2. Documentary films capture culture and society, including fragments of
copyrighted images, music, art and the like. What are some examples of things
Akiko has captured on film that might require a license or clearance?
Music, Artwork, Logos
3. Referring to the chart on pages 10-11, what works are in the public domain?
Works from before 1923, works produced by the federal government that are clearly in
the public domain, or works where the artist did not comply with notices, renewals, or
other formalities, causing their works to enter the public domain.
4. If Akiko wanted to show someone singing a song published between 1964 and
1977, what would she need to know to determine whether the song is in the public
domain and free for use?
If it was published and the proper forms were filed, and if it was published with a
copyright notice (works without notice are in the public domain)
5. Why was the civil rights documentary “Eyes on the Prize” taken out of
circulation?
Much of the content Many of these licenses had expired by 1995 and the film's
production company, Blackside, could not afford the exorbitant costs of renewing them.
6.
a. How much would it have cost documentary filmmaker Jon Else to license and
show 4.5 seconds of “The Simpsons” that was accidentally captured in the
background of one of his scenes? Does this seem reasonable to you?
$10,000. No, this is clearly a case of Fair Use, and I believe Fair Use should be
protected at all costs to protect smaller artists from big corporations using their money
and power to bully them into accepting unfair practices.
b. Do you think Else should have used it without a license and risked a lawsuit
given his strong argument for fair use?
I believe he should have, but I understand his decision not to, given the possible costs. I
do, however, believe it sets a bad precedent.
7. What are four options for using background music in a documentary?
Public Domain, Overdubbing, Fair Use, or Removal.
8. Reviewing the cases discussed on pages 37-43, what are some “lessons learned”
about how fair use works in the real world?
Transformative and parody content are covered by fair use, however, the courts have
not been consistent about what exactic makes content transformative or parody
9. What are some examples of uses that would be considered “fair use”?
A song made to parody the original, a clip of a news segment taken to show context in
an online video giving commentary to a situation,
10. What are the four factors a court considers in a fair use case?
Percentage of new content containing the copyrighted material, if the content is
transformative, if the copyrighted segments are part of the “heart” of the original content,
and if there was clear possible market damage.
11. How can a content creator manage the risk of rights clearance?
E&O Insurance policies (for conventional distribution channels) and/or being
knowledgeable about copyright and fair use laws.
12. Under what circumstances might a trademark be depicted, lawfully, without
permission?
Ensure it’s used in a way that does not confuse consumers.
13. Under what circumstances can you depict a person’s image, lawfully, without
permission?
If they’ve acquired a certain notoriety or are engaging with the public.
14. Read the question Akiko asks on page 57. What do you think is the answer? Why?
No, it is not working.. I believe that current Copyright laws are unclear, out of date with
current culture and technology, and need to be re-analyzed and re-written for the current
day. They currently give far too much power to large corporations to bully and strong
arm individual creators into getting their way, despite clear fair use.

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ILP3.4-PermissionsAssignment.docx

  • 1. 1. What is accidental capture? A: Capturing copyrighted material by mistake. 2. Documentary films capture culture and society, including fragments of copyrighted images, music, art and the like. What are some examples of things Akiko has captured on film that might require a license or clearance? Music, Artwork, Logos 3. Referring to the chart on pages 10-11, what works are in the public domain? Works from before 1923, works produced by the federal government that are clearly in the public domain, or works where the artist did not comply with notices, renewals, or other formalities, causing their works to enter the public domain. 4. If Akiko wanted to show someone singing a song published between 1964 and 1977, what would she need to know to determine whether the song is in the public domain and free for use? If it was published and the proper forms were filed, and if it was published with a copyright notice (works without notice are in the public domain) 5. Why was the civil rights documentary “Eyes on the Prize” taken out of circulation? Much of the content Many of these licenses had expired by 1995 and the film's production company, Blackside, could not afford the exorbitant costs of renewing them. 6. a. How much would it have cost documentary filmmaker Jon Else to license and show 4.5 seconds of “The Simpsons” that was accidentally captured in the background of one of his scenes? Does this seem reasonable to you? $10,000. No, this is clearly a case of Fair Use, and I believe Fair Use should be protected at all costs to protect smaller artists from big corporations using their money and power to bully them into accepting unfair practices. b. Do you think Else should have used it without a license and risked a lawsuit given his strong argument for fair use? I believe he should have, but I understand his decision not to, given the possible costs. I do, however, believe it sets a bad precedent. 7. What are four options for using background music in a documentary? Public Domain, Overdubbing, Fair Use, or Removal. 8. Reviewing the cases discussed on pages 37-43, what are some “lessons learned” about how fair use works in the real world? Transformative and parody content are covered by fair use, however, the courts have not been consistent about what exactic makes content transformative or parody
  • 2. 9. What are some examples of uses that would be considered “fair use”? A song made to parody the original, a clip of a news segment taken to show context in an online video giving commentary to a situation, 10. What are the four factors a court considers in a fair use case? Percentage of new content containing the copyrighted material, if the content is transformative, if the copyrighted segments are part of the “heart” of the original content, and if there was clear possible market damage. 11. How can a content creator manage the risk of rights clearance? E&O Insurance policies (for conventional distribution channels) and/or being knowledgeable about copyright and fair use laws. 12. Under what circumstances might a trademark be depicted, lawfully, without permission? Ensure it’s used in a way that does not confuse consumers. 13. Under what circumstances can you depict a person’s image, lawfully, without permission? If they’ve acquired a certain notoriety or are engaging with the public. 14. Read the question Akiko asks on page 57. What do you think is the answer? Why? No, it is not working.. I believe that current Copyright laws are unclear, out of date with current culture and technology, and need to be re-analyzed and re-written for the current day. They currently give far too much power to large corporations to bully and strong arm individual creators into getting their way, despite clear fair use.