Slides for a presentation given to Professor Jo Paoletti's AMST 428G class at the University of Maryland - Spring, 2017

1. Copyright
Andy Horbal
Presentation to Professor Paoletti’s
AMST 428G class
February 9, 2017

2. Presentation Outline
• Basics of copyright
• When/how is it appropriate to use a pop song from
2007 in a video or illustrated online exhibit?
• In-Class Exercises:
• Photograph from 2007
• Movie from 2007
• Contact info/slides

3. Song from 2007
• Question: Am I allowed to do this?
• Song = “Hey There Delilah” by Plain White T’s
• What I want to do with it:
• Create a video or online exhibit using this song as the
soundtrack
• Turn it in to my professor for credit
• Post it on the internet after the semester is over

4. Copyright Basics
• Included in U.S. Constitution to “promote Progress”:
enabling artists to make a living from their work
encourages them to keep creating new things
• What’s protected = “original works of authorship
fixed in any tangible medium of expression”
• What isn’t = “any idea, procedure, process, system,
method of operation, concept, principle, or
discovery”
• The long version

5. Six Exclusive Rights
If you want to do any of these things, you need to ask for
permission!
• Reproduce the copyrighted work
• Prepare “derivative works” based on it (e.g. make a movie based
on a book)
• Distribute copies to the public
• Perform the work publicly
• Display the work publicly
• Perform sound recordings publicly by means of a digital audio
transmission

6. Copyright Coverage
• Term of copyright = life of author + 70 years (in most
instances)
• Created before 1923 = in “public domain”
• Created 1923-1978 = might be in public domain,
might be protected by copyright
• Created since 1978 = protected by copyright
• See this chart for details
©
• Long story short: you don’t need it!

7. Back to “Hey There Delilah”
• Is it protected by copyright?
• Did you create it? No.
• Fixed in a tangible medium of expression? Yes.
• “Idea, procedure, process, system, method of
operation, concept, principle, or discovery?” No.
• When was it created? 2007 = Yes.
• So:
• It *is* protected by copyright
• I need permission to use it in my project UNLESS . . .

8. Exceptions to Copyright:
Fair Use
• What is it?
• Category of uses which don’t require permission
• The long version
• Exists because sometimes “progress” is better
served by not making people ask for permission
• Example = allowing teachers to use copyrighted
material in PowerPoint presentations!
• Example = media criticism

9. Four Fair Use Factors
• Purpose + character of use = what are you using the
work for?
• Nature of copyrighted work = what do you want to
use?
• Amount = how much are you using?
• Effect of use on potential market for copyrighted
work = are you hindering the artist’s ability to profit
from their work?

10. Codes of Best Practices
• Documentary Filmmakers'
Statement of Best Practices in
Fair Use
• Code of Best Practices in Fair
Use for Online Video

11. The Short Version
• Questions to ask:
1. Did you "transform" the work into something
new?
2. Did you use more than you needed?
• Acceptable uses:
1. Employing copyrighted material as the object of
social, political, or cultural critique
2. Quoting copyrighted works of popular culture
to illustrate an argument or point

12. Fair Uses of “Hey There
Delilah”
1. If the song is the subject of your project, it is okay to use
limited portions (only as much as you need) of it to make an
argument about it as long as you:
• Are transforming it into something new
• Include attribution
2. If you are using the song to illustrate an argument or point
about 2007, it is okay to use enough (but only enough) of it
as you need to make that point

13. What To Do If Your Use Isn’t
“Fair”
• Ask for permission!
• Use a different song
• Anything created before 1923 = in the “public
domain” (but this probably won’t help you)
• What *will* help you = CC Search

14. Now it’s your turn!

15. Exercise 1: Photograph
from 2007
BALAZS GARDI / ALEXIA FOUNDATION; retrieved from
http://content.time.com/time/photogallery/0,29307,1695460_1505762,00.html

16. Exercise 1: Photograph
from 2007
• Is it protected by copyright?
• Did you take the picture?
• Fixed in a tangible medium of expression?
• “Idea, procedure, process, system, method of operation,
concept, principle, or discovery?”
• When was it created?
• ©?
• What—if anything--can we do with it without permission?

17. Exercise 2: Movie from
2007
Screenshot from Ratatouille; Brad Bird & Jan Pinkava, 2007

18. Exercise 2: Movie from
2007
• Is it protected by copyright?
• Did you create it?
• Fixed in a tangible medium of expression?
• “Idea, procedure, process, system, method of operation,
concept, principle, or discovery?”
• When was it created?
• ©?
• What—if anything--can we do with it without permission?

19. Summary
• If it’s a creative work, and if it was created since
1923, it’s probably protected by copyright
• This means that if you didn’t create it, you need to
ask for permission to use it, unless yours is a “fair
use.”
• It’s a “fair use” if:
• You’re making an argument about it or with it
• You’re only using as much as you need
• You’re including proper attribution

20. Don’t Be Afraid to Ask For
Help!
Andrew Horbal
Head of Learning Commons
1101 McKeldin Library
University of Maryland
College Park, MD 20742
(301) 405-9227
ahorbal@umd.edu

21. Slides
http://www.slideshare.net/horbal125/online-version-of-
pesentation-on-copyright-for-amst-428g