Copyright

Andy HorbalPresentation to Professor Paoletti’s

AMST 428G classFebruary 9, 2017

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

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

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

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

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!

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 . . .

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

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?

Codes of Best Practices

• Documentary Filmmakers' Statement of Best Practices in Fair Use

• Code of Best Practices in Fair Use for Online Video

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 critique2. Quoting copyrighted works of popular culture

to illustrate an argument or point

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

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

Now it’s your turn!

Exercise 1: Photograph from 2007

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

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?

Exercise 2: Movie from 2007

Screenshot from Ratatouille; Brad Bird & Jan Pinkava, 2007

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?

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

Don’t Be Afraid to Ask For Help!

Andrew HorbalHead of Learning Commons1101 McKeldin LibraryUniversity of MarylandCollege Park, MD 20742(301) 405-9227ahorbal@umd.edu

Slides

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