COPYRIGHT ISSUES• Business models providing licensing agreements and royalty fees to a multimedia developer for obtaining a content, including acquiring rights to copyrighted material, utilizing non-copyrighted or public-domain material, creating the material in-house or contracting for original material.
COPYRIGHT ISSUES• Acquiring Rights to Copyrighted Material – Purchasing a videotape or music CD does not authorize the buyer to copy a video or sound clip. – In order to use copyrighted material, a developer must determine which rights are needed. – After determining which rights are needed, the developer must identify who has the ability to convey them.
COPYRIGHT ISSUES• Intellectual Property (IP) laws refers to exclusive rights in relation to the particular form or manner in which ideas or information are expressed or manifested and not in relation to the ideas or concepts themselves.• Intellectual property laws are designed to protect different forms of intangible subject matter.• Patents, trademarks, and designs rights are sometimes collectively known as Industrial Property, as they are typically created and used for industrial or commercial purposes.
COPYRIGHT ISSUES• Copyright involves in creative and artistic works (e.g. books, movies, music, paintings, photographs, software) and give a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time. Permission has to be sought or paid for in using such materials.• A patent granted for a new, useful and non-obvious invention and gives the patent holder an exclusive right to commercially exploit the invention for a certain period of time (typically 20 years from the filing date of a patent application)• A trademark is a distinctive sign which is used to covers the title of a publishable work and in the case of fiction, often the name of its characters.
COPYRIGHT ISSUES• What is the Public Domain?• All materials are either: – protected by copyright or – in the public domain.• Materials in the public domain can be used freely for any purpose.• All copyrighted works become a part of the public domain once their copyrights expire.
COPYRIGHT ISSUES• United States works that have fallen into the public domain include works: – Published in the U.S. before 1923, or – Published in the U.S. without a copyright notice before 1976.• If a press has republished a work in the public domain with commentary, introductions or annotations, this added material is probably protected by copyright.
COPYRIGHT ISSUES• Similarly, a translation of a copyrighted work may be protected by copyright.• Many publications are protected for seventy years after the death of the author. ( http://www.copyright.gov/circs/circ15a.html)
COPYRIGHT ISSUES• If a work is protected by copyright, can I still use it? – If a work is protected by copyright law, federal law gives the copyright owner the exclusive right to copy, distribute, publicly display and publicly perform the work. – The copyright owner also owns the exclusive right to create derivative works based on the original work.
COPYRIGHT ISSUES• Fair Use allows the limited use of copyrighted material for certain situations.• Deciding what constitutes fair use is not an exact science and there are no universally acknowledged rules.
COPYRIGHT ISSUES• Instead, it is necessary for someone wanting to use a copyrighted work to weigh the following four factors: – The Purpose and Character of the Use • Nonprofit and educational uses are more likely to be considered fair use. • Transformative uses, like parody and news reporting. • Commercial uses of the copyrighted work or uses that substitute for the copyrighted work weigh against a finding of fair use.
COPYRIGHT ISSUES• .. the factors: – The Nature of the Copyrighted Work • The fair use privilege is more extensive for works of information, such as scientific, biographical or historical works than for artistic and creative works. – The Effect of Use on the Potential Market for the Copyrighted Work • If there is a potential for harm to the market for the work, this harm will weigh against a finding of fair use.
COPYRIGHT ISSUES• .. the factors: – The Amount and Substantiality of the Work Used • Fair use is more likely to be found when the user of the copyrighted material takes only the amount necessary for the purpose of the use. • Using an entire work will often, but not always, weigh against a finding of fair use.
COPYRIGHT ISSUES• Common Examples & Issues:• A common fair use issue arises with photocopying copyright protected materials. – For example, if a lecturer wanted to photocopy a copyright protected magazine article to distribute to students, there could be a finding of fair use under certain circumstances.• Another common fair use issue arises with posting materials on Blackboard/ online educational forum. – Generally, streaming a short film or music clip from an authorized copy will be allowed. However, it is absolutely imperative that you examine the four fair use factors listed above.
COPYRIGHT ISSUES• Common Examples & Issues:• A lecturer can play a copyrighted song in class, for podcasting and posting it on a password protected website or online system that may only be accessed by students in his/her class.• See http://www.copyright.gov/circs/circ21.pdf.
PRIVACY ISSUES• When designing of providing information through a multimedia product or internet it is important not to touch on the privacy of individuals.• Sometimes such information reveal embarrassing facts about an individual that would be considered offensive to a reasonable person and especially where there is no sufficient cause for the disclosure.• Placing a person in a false light can cause undue stress on the individual could also constitute a violation of privacy.
PRIVACY ISSUES• Violations such as those stated could lead the publisher to be sued in court.