Copyright

Andy HorbalPresentation to Professor Paoletti’s

AMST 428F classSeptember 17, 2015

Outline• Introduction

• When/how is it appropriate to use a pop song from 1985 in a video or illustrated online exhibit?

• Basics of copyright

• In-Class Exercises: • Wham! – “Wake Me Up Before You Go-Go”• Photograph of Mexico City earthquake• Clip from Back to the Future

• Contact info/slides

“Wake Me Up Before You Go-Go”

• Recorded by Wham! in 1984 + released in 1985; written and produced by George Michael

• What I want to do with it: • Create a video using “Wake Me Up Before You Go-Go” as

the soundtrack• Turn it in to my professor for credit• Post the video on YouTube after the semester is over

• Question: Am I allowed to do this?

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!

Summary

• Assume all creative works made since 1923 = protected by copyright

• If you want to do anything with a copyrighted work, you need permission, even if you don’t see © symbol

Back to “Wake Me Up Before You Go-Go”

• Is it protected by copyright?• Original work of authorship? Yes.• Fixed in a tangible medium of expression? Yes.• “Idea, procedure, process, system, method of

operation, concept, principle, or discovery?” No.• When was it created? 1984 = might or might not

be protected by copyright (It is.)

• So: • It *is* protected by copyright• If I want to use it in my project, I need permission

How to obtain permission

• Locate copyright holder• Sound recording: Amazon.com Digital Music “Product Details”

• Composition: Allmusic.com

• Warning: it can be hard to get permission from a big company like a record label• May not be an issue if you’re dealing directly

with an artist, though• Always worth a try!

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 when people *don’t* have to 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

• Four factors boil down to two main questions:1. Did the unlicensed use "transform" the

material taken from the copyrighted work by using it for a different purpose than that of the original?

2. Was the material taken appropriate in kind and amount?

• 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 “Wake Me Up Before You Go-Go”

1. If “Wake Me Up Before You Go-Go” = subject of your project, it is okay to use limited portions of it to make an argument about it as long as you:• Don’t use so much that you create a “substitute”• Include attribution

2. If you are using the song to illustrate an argument or point about 1985, it is okay to use enough (but only enough) of it as you need to make that point

3. If no one other than your professor will ever see your project, you don’t need to worry about fair use since you cannot be hurting the market for the work

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

• Notes on CC Search• Some platforms contain both CC and non-CC

works, so make sure you research permissions

Now it’s your turn!

Exercise 2: Photograph of Mexico City Earthquake

United States Geological Survey; retrieved from https://en.wikipedia.org/wiki/1985_Mexico_City_earthquake#/media/File:1985_Mexico_Earthquake_-_Collapsed_General_Hospital.jpg

Exercise 2: Photograph of Mexico City Earthquake• Is it protected by copyright?

• Original work of authorship? • 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 3: Clip from Back to the Future

Screenshot from Back to the Future; Robert Zemeckis, 1985; retrieved from https://youtu.be/pLRk4xG-JCI?list=PL96478722DF7FF45E

Exercise 3: Clip from Back to the Future• Is it protected by copyright?

• Original work of authorship? • 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 song, photograph, movie or any other creative work, and if it was created since 1923, it’s probably protected by copyright

• This means you need to ask for permission to use it, UNLESS:• Yours is a “fair use”• You’re making an argument about it or with it• You’re only using as much as you need• You’re including proper attribution

• AND you’re not creating a “substitute” for the original work

• Or the work is in the public domain or available through a Creative Commons license

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/presentation-on-copyright-for-amst428f-paoletti