9. copyright fair use ip

Warm Up
• Explain the pass method and two other
safety rules.
 Goodheart-Willcox Co., Inc. Permission granted to reproduce for educational use only.

Copyright Law
Interactive Notebook Page 20
TEKS (8a) Exhibit ethical conduct related to interacting with others
and providing proper credit for ideas. (8B) Discuss and apply
copyright laws in relation to fair use and acquisition. (8C) Model
respect of intellectual property.

A copyright is an exclusive right to
a musical, literary, dramatic, or
artistic piece of work.

United States copyright law
originated in 1787 to promote
science and useful arts by providing
inventors and authors limited,
exclusive rights to their works.

As technology changed, so did the
copyright laws. Today, laws extend
to paintings, photographs, videos,
audio recordings, and various forms
of multimedia.

In the late 1700s, copyright laws
provided a maximum of 28 years
of protection.

Following numerous revisions, a
copyright today is valid for the life
of the author plus 70 years.

In addition, copyright protection on
works created exclusively for
corporations (for example, The
Walt Disney Company) have been
extended to 95 years.

How do copyright laws affect
videographers?

Videographers have the legal right
to exclude anyone from copying all
or part of their work.

Likewise, they must secure
permission if using someone else’s
work, unless that work is in the
public domain.

What kinds of copyrighted
material might a videographer
incorporate into a production?

- Top 40 music hits to use as part of a
soundtrack.
- Excerpts of dialogue from a play.
- Corporate logos.
- Footage from another production.
- Stills or photographs from a book
or magazine.

Using material without legal
permission may result in:
-A lawsuit requiring payment on
profits made from the production.
-A fine ranging from $250 to
$50,000, depending on knowledge
of the law and intent to violate it.
-Destruction of all copies of the
production.
-Up to five years in jail.

Who is responsible for policing and
monitoring copyright material?

The copyright owner is responsible
for protecting his or her work.

Additionally, ASCAP and BMI are
music guilds that help police the
use of their members’ material and
provide legal access to copyrighted
music.

Do copyright laws also pertain to
low-budget productions, such as a
high school graduation, dance
recital, or wedding video?

Absolutely! Copyright laws apply if
the production is planned for sale or
broadcast.

How would a videographer secure
permission to use copyrighted
material, such as a song, for use in
a video?

Solicit the copyright owner (artist,
producer, or label company) with a
written request to use the material.
The manner or extent to which the
material is to be used often determines
compensation.

When seeking permission to use a
song, provide information such as:
• Content of the video.
• How the song will be used.
• Whether the song will be edited.
• The target audience of the video.
• Plans for broadcast, distribution, and
sale of the final production.

Sample Letter Requesting Permission
Dear [Mr./Ms. Copyright Holder]:
I am a Junior at Heritage High School, (City and State) and am producing
this year’s graduation video.
I would like to include your song “A New Beginning” in its entirety on the
video as the seniors are leaving the school stadium. The video will be sold
to approximately 200 parents of graduating seniors.
I would like permission to use your song on a royalty-free basis. If you
agree, please sign the enclosed letter and return it to me in the
self-addressed stamped envelope included.
I appreciate your consideration.
Sincerely, AGREED:
____________________ ____________________
John Smith, student Melody Bass, songwriter
Date: ___________

The satisfaction of producing an
effective and entertaining video
includes respecting the creative
effort of others.

Fair Use refers to the limited
use of copyrighted material
without permission from the
copyright owner, and must be
done according to guidelines
found in U.S. Copyright Law.

Educational Multimedia
Students and teachers may
use copyrighted material on a
limited basis when creating
multimedia lessons and
projects for instruction and
learning. This is not the case
when commercial profit is
involved.

Areas Where Fair Use Applies
* News reports
* Criticism and commentary
* Research and scholarship
* Parody
* Educational purposes

For example, video production
students may incorporate
copyrighted motion media,
music, lyrics, music videos,
illustrations, and photographs
with their own material, but
must do so according to Fair
Use guidelines.

Guidelines for Fair Use in the
classroom include the following:
* Permitted uses.
* Time limits.
* Portion limits.
* Copying and distribution limits.
* Crediting and displaying
sources.
* Contracts and licenses.

Important Points
Motion media (video): Up to 10% of the
total piece or 3 minutes, whichever
is less.
Music and lyrics: Up to 10% of the total
piece or 30 seconds, whichever is less.
Images from books or magazines:
Maximum of five images from one
artist, and the lesser between 10% and
15 total images from a collective work.

Failure to abide by Fair Use
guidelines could result in
prosecution under copyright law.

Intellectual Property
Intellectual property (IP) refers to creations of the mind:
inventions, literary and artistic works, and symbols, names,
images, and designs used in commerce.

9. copyright fair use ip

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