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Copyright for Photographers Holiday 2013


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Copyright for Photographers Holiday 2013

  1. 1. “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;”
  2. 2.  No. Trademarks, copyrights and patents all differ.  A copyright protects an original artistic or literary work;  a patent protects an invention.  A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
  3. 3.  A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.
  4. 4.  Art  Books  Film  Graphic Arts  Photography  Performing Arts  (3d Animation, Graphic and Web Designers, Audio Production, Photography, Digital Filmmaking, Web and Content Development).
  5. 5.  “Pictorial, graphic, and sculptural works” include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans…., and are capable of existing independently of, the utilitarian aspects.
  6. 6.  Reproduce  To create Derivatives  Display  Distribute  Perform
  7. 7.  The Right to Five Slices of Pie › Reproduce › Display › Derivatives › Distribute › Perform Pie for Photographers Reproduce Display Derivatives Distribute
  8. 8.  If you mail a work, such as a screenplay, to yourself in the mail, the service provided by the USPS of canceling the stamp will serve as prima facie evidence of a valid copyright.
  9. 9.  Fixed  Tangible  Expression
  10. 10.  To be eligible for Copyright protection, your photos must be used for monetary gain.
  11. 11.  Monetary gain is irrelevant to Copyright, although funds are helpful this time of year for heat, rent, food, and gifts.
  12. 12.  Life of the author and 70 years after the author's death.  Joint Works. — In the case of a joint work prepared by two or more authors who did not work for hire, the copyright endures for a term consisting of the life of the last surviving author and 70 years after such last surviving author's death.
  13. 13.  Work for Hire › 120 years after creation or 95 years after publication, whichever comes first.
  14. 14.  Lower filing fee of $35 for a basic claim;  Faster processing time;  Online status tracking;  Secure payment by credit card or electronic means; and  Ability to electronically deposit files.
  15. 15.  The time the Copyright Office requires to process an application varies, depending on the number of applications the Office is receiving and clearing at the time of submission and the extent of questions associated with the application. Current processing times are:  Average Processing Time for e-Filing: 2.5 months  Average Processing Time for Paper Forms: 5.6 months
  16. 16.  Licenses and Permissions  YouTube CC License  By marking your original video with a Creative Commons license, you are granting the entire YouTube community the right to reuse and edit that video.  Please understand that you may only mark your uploaded video with a Creative Commons license if it consists entirely of content licensable by you under the CC BY license. Some examples of such licensable content are: › Your entirely originally created content › Other videos marked with a CC BY license › Videos in the public domain
  17. 17.  If a photo is Pinterest, Facebook, etc,  it is free or in the public domain
  18. 18.  Check for copyright notice  For what purpose  Geographic  Duration of Time  Exclusive or nonexclusive
  19. 19. The copyright to your photographs is yours under the law.  You own it. Register it. Keep it. License it. Re-license it.
  20. 20.  Copyright protects text and pictures on websites just like books, CDs, DVDs, and works in other media are protected. You might not see a copyright notice on a website, but "that doesn't mean you're free" to copy what you see or hear.
  21. 21.  If you give credit where credit is due, you have not violated copyright.  As long as you show the work in a positive light, you have not violated copyright.
  22. 22. © 2013, Julia Harmatz, All Rights Reserved › Term “Copyright” › Symbol › Year › Holder’s name › Phrase “All Rights Reserved” Technically no longer required—no notice does not necessarily mean work is not copyright protected
  23. 23.  Most important is, does the case have merit?  Second, are potential damages sufficient to make it worthwhile?  Very important is whether the defendant can actually pay if judgment is obtained?
  24. 24.  Mr. Fairey, 42, sued The Associated Press in 2009 after it contended he had infringed on the copyright of one of its photographs in creating the poster. Mr. Fairey had claimed in his suit that he had used a different photograph of Mr. Obama, but later admitted that he had been mistaken and had tried to conceal his mistake, by destroying documents and fabricating others.
  25. 25.  When the case began in 2009, Mr. Fairey argued that his use of Associated Press imagery constituted fair use under copyright law. But the civil lawsuit was settled before that question was decided, and the two sides agreed to financial terms that were not disclosed.The parties also agreed to share the rights to make posters and merchandise bearing the “Hope” image. Mr. Fairey maintained that he had never personally profited from sales of the image, a contention The A.P. disputed.
  26. 26.  Mr. Fairey sued The Associated Press in 2009 after it contended that he had infringed on the copyright of one of its photographs in creating the poster. In his suit Mr. Fairey claimed he had used a different photograph, but later admitted that he had been mistaken and had tried to cover up his mistake. At the time he pleaded guilty he said he was “ashamed” of his actions.
  27. 27.  Photographer awarded $1.2 million from media companies that lifted images off Twitter  media companies Agence France-Presse and Getty Images to pay $1.2 million to freelance photographer Daniel Morel for using and distributing without permission eight photos he'd taken and posted to his Twitter feed. 
  28. 28. Procrastination is still the thief of time. Life often leaves us standing bare, naked, and dejected with a lost opportunity. The tide in the affairs of men does not remain at flood - - it ebbs. We may cry out desperately for time to pause in her passage, but time is adamant to every plea and rushes on. Over the bleached bones and jumbled residues of numerous civilizations are written the pathetic words, "Too late.“ MLK
  29. 29.  Words are flowing out like Endless rain into a paper cup They slither wildly as they slip away across the universe. Pools of sorrow waves of joy Are drifting through my opened mind Possessing and caressing me. Jai Guru Deva. Om Nothing's gonna change my world Nothing's gonna change my world Nothing's gonna change my world Nothing's gonna change my world Sounds of laughter, shades of life Are ringing through my opened ears Inciting and inviting me. Limitless undying love, which Shines around me like a million suns, It calls me on and on across the universe  Jai Guru Deva. Jai Guru Deva. Jai Guru Deva. Nothing's gonna change my world Nothing's gonna change my world Nothing's gonna change my world Nothing's gonna change my world  Jai Guru Deva. Om Nothing's gonna change my world Nothing's gonna change my world Nothing's gonna change my world Nothing's gonna change my world Images of broken light, which Dance before me like a million eyes, They call me on and on across the universe. Thoughts meander like a Restless wind inside a letter box They tumble blindly as they make their way across the universe.
  30. 30.  4t9drUlM  1lVDbLf0
  31. 31.  A musical mash up of old styles lyrics made new and fresh is the stuff of hits and thus eligible for a fresh new copyright.
  32. 32.  The Clash Go Straight to Hell Boy  com/watch?v=HQw m1v1R-qM  The Beatles Across the Universe  MIA Paper Planes  com/watch?v=7sei- eEjy4g  Rufus Wainwright Across the Universe
  33. 33.  Under certain circumstances, "fair use" allows you to use parts of someone else's work. There's no magic formula, though. Scholarly criticism, teaching, and news reporting may be valid reasons for reproducing a copyrighted work. A number of other factors also need to be considered. (See Fair Use). When in doubt, it's always a good idea to ask the copyright owner for permission first.
  34. 34.  Do upload content that you've created. Respect the copyright of others. This means don't steal photos or videos that other people have shared and pass them off as your own. (That’s what favorites are for.)  Don’t upload anything that isn't yours. This includes other people's photos, video, and/or stuff you've copied or collected from around the Internet. Accounts that consist primarily of such collections may be deleted at any time.  Copyright Infringement If you see photos or videos that you’ve created in another member’s photostream, don't panic. This is probably just a misunderstanding and not malicious. A good first step is to contact them via FlickrMail and politely ask them to remove it. If that doesn't work, please file a Notice of Infringement with the Yahoo! Copyright Team who will take it from there. Check out the “Copyright/IP Policy” link in the footer of every page for more information.
  35. 35.  As a general matter 1.copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work 2.without the permission of the copyright owner.  Copying—test is whether work is “substantially similar”
  36. 36. What is copyright infringement? Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
  37. 37.  If you give credit to the owner/author/songwriter?  If you are not selling the video for money?  If the work, such as a photo, contains a copyright notice? › 13%20K010.htm  If you created a montage made of short clips of copyrighted content—even though you edited it together, is it a new work? A derivative?
  38. 38.  Defenses › The copyright is invalid or expired › Independent creation. You had no access to the other work › Admission of copying, but was de minimus › Permission was granted › Fair Use
  39. 39. The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
  40. 40. q0_7k1jk
  41. 41.  How much of a song can you copy?  Determining Fair Use: 1.Purpose and character of subsequent use  Commercial or non-profit nature of use List of factors  Criticism  Comment  News reporting  Teaching  Scholarship  Research  Degree of transformation 2.Nature/value of the work 3.How much was copied 4.Effect on the market
  42. 42.  Section 107 provides the fair use of a copyrighted work … for purposes such as criticism [or] comment … is not an infringement … ,” › Continues the common law tradition of fair use adjudication › Requires case by case analysis rather than bright line rules › Statutory examples of permissible uses provide only general guidance--statutory factors are to be explored and weighed together in light of copyright’s purpose of promoting science and the arts
  43. 43.  Acuff-Rose owns the copyright to Orbison’s song “Oh, Pretty Woman”.  In 1989, Campbell wrote a song entitled “Pretty Woman.”  On July 5, 1989, 2 Live Crew’s manager informed Acuff-Rose that 2 Live Crew had written a parody of “Oh, Pretty Woman,” that they would afford all credit for ownership and authorship of the original song to Acuff-Rose, Dees, and Orbison, and that they were willing to pay a fee for the use.
  44. 44.  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes  2. The nature of the copyrighted work  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole  4. The effect of the use upon the potential market for, or value of, the copyrighted work
  45. 45. Acuff-Rose’s agent refused permission, stating that “I am aware of the success enjoyed by The 2 Live Crews, but I must inform you that we cannot permit the use of a parody of Oh, Pretty Woman.”
  46. 46.  2 Live Crew released records, cassette tapes, and compact discs of “Pretty Woman” in a collection of songs entitled “As Clean As They Wanna Be.”  Almost a year later, after nearly a quarter of a million copies of the recording had been sold, Acuff-Rose sued 2 Live Crew and its record company, Luke Skyywalker Records, for copyright infringement.
  47. 47. › The District Court found in favor of 2Live Crew and called the version a parody › Court of Appeals reversed  commercial nature of the parody rendered it presumptively unfair that, by taking the “heart” of the original and making it the “heart” of a new work, 2 Live Crew had, qualitatively, taken too much under the third §107 factor; and that market harm for purposes of the fourth §107 factor had been established by a presumption attaching to commercial uses
  48. 48.  It is uncontested here that 2Live Crew’s song would be an infringement of Acuff-Rose’s rights in “Oh, Pretty Woman,” under the Copyright Act of 1976, 17 U.S.C. §106 (1988 ed. and Supp. IV), but for a finding of fair use through parody. From the infancy of copyright protection, some opportunity for fair use of copyrighted materials has been thought necessary to fulfill copyright’s very purpose, “[t]o promote the Progress of Science and useful Arts ….” U.S. Const., Art. I, §8, cl. 8  Held: 2 Live Crew’s commercial parody may be a fair use within the meaning of §107.
  49. 49.
  50. 50.  Julia Harmatz  781-330-5226   Intellectual Property, Copyright, Trademark, Licenses and Permissions Contracts and Negotiations.
  51. 51. Pretty Woman, walking down the street, Pretty Woman, the kind I like to meet, Pretty Woman, I don’t believe you, you’re not the truth, No one could look as good as you Mercy Pretty Woman, won’t you pardon me, Pretty Woman, I couldn’t help but see, Pretty Woman, that you look lovely as can be Are you lonely just like me? Pretty Woman, stop a while, Pretty Woman, talk a while, Pretty Woman give your smile to me Pretty Woman, yeah, yeah, yeah Pretty Woman, look my way, Pretty Woman, say you’ll stay with me ’Cause I need you, I’ll treat you right Come to me baby, Be mine tonight Pretty Woman, don’t walk on by, Pretty Woman, don’t make me cry, Pretty Woman, don’t walk away, Hey, O.K. If that’s the way it must be, O. K. I guess I’ll go on home, it’s late There’ll be tomorrow night, but wait! What do I see Is she walking back to me? Yeah, she’s walking back to me! Oh, Pretty Woman.
  52. 52. Pretty woman walkin’ down the street Pretty woman girl you look so sweet Pretty woman you bring me down to that knee Pretty woman you make me wanna beg please Oh, pretty woman Big hairy woman you need to shave that stuff Big hairy woman you know I bet it’s tough Big hairy woman all that hair it ain’t legit ’Cause you look like Cousin It Big hairy woman Bald headed woman girl your hair won’t grow Bald headed woman you got a teeny weeny afro Bald headed woman you know your hair could look nice Bald headed woman first you got to roll it with rice Bald headed woman here, let me get this hunk of biz for ya Ya know what I’m saying you look better than rice a roni Oh bald headed woman Big hairy woman come on in And don’t forget your bald headed friend Hey pretty woman let the boys Jump in Two timin’ woman girl you know you ain’t right Two timin’ woman you’s out with my boy last night Two timin’ woman that takes a load off my mind Two timin’ woman now I know the baby ain’t mine Oh, two timin’ woman Oh pretty woman