J
James E Middleton
If I make a video in MM2 or Photo Story and use a famous song as the
background music, is that OK? Does that fall under the 'Fair Use' clause of
copyright laws, as long as I use it for my own 'entertainment'? Am I in
violation of copyright laws if I cross the line and post it on the Web? Do I
need permission from the copyright owner beforehand? Even if I don't make
any money from showing it, there is some shade of gray there. It could be
interpreted as being used as a means for personal gain. For example,
generating traffic on my Web site. I could lure you to my site because you
may like a particular song. Once there I could propagate my message or
advertise some other product or service. Just wondering;. I've poured
through the U.S. Copyright and not being a lawyer, it's all Greek to me.
WHAT IS COPYRIGHT?
Copyright is a form of protection provided by the laws of the United States
(title 17, U.S. Code) to the authors of "original works of authorship,"
including literary, dramatic, musical, artistic, and certain other
intellectual works. This protection is available to both published and
unpublished works. Section 106 of the 1976 Copyright Act generally gives the
owner of copyright the exclusive right to do and to authorize others to do
the following:
· To reproduce the work in copies or phonorecords;
· To prepare derivative works based upon the work;
· To distribute copies or phonorecords of the work to the public by
sale or other transfer of ownership, or by rental, lease, or lending;
· To perform the work publicly, in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works;
· To display the copyrighted work publicly, in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and pictorial,
graphic, or sculptural works, including the individual images of a motion
picture or other audiovisual work; and
· In the case of sound recordings, to perform the work publicly by
means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of
attribution and integrity as described in section 106A of the 1976 Copyright
Act. For further information, request Circular 40, "Copyright Registration
for Works of the Visual Arts."
It is illegal for anyone to violate any of the rights provided by the
copyright law to the owner of copyright. These rights, however, are not
unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
establish limitations on these rights. In some cases, these limitations are
specified exemptions from copyright liability. One major limitation is the
doctrine of "fair use," which is given a statutory basis in section 107 of
the 1976 Copyright Act. In other instances, the limitation takes the form of
a "compulsory license" under which certain limited uses of copyrighted works
are permitted upon payment of specified royalties and compliance with
statutory conditions. For further information about the limitations of any
of these rights, consult the copyright law or write to the Copyright Office.
WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a
tangible form of expression. The fixation need not be directly perceptible
so long as it may be communicated with the aid of a machine or device.
Copyrightable works include the following categories:
1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works
Use of the notice may be important because it informs the public that the
work is protected by copyright, identifies the copyright owner, and shows
the year of first publication. Furthermore, in the event that a work is
infringed, if a proper notice of copyright appears on the published copy or
copies to which a defendant in a copyright infringement suit had access,
then no weight shall be given to such a defendant's interposition of a
defense based on innocent infringement in mitigation of actual or statutory
damages, except as provided in section 504(c)(2) of the copyright law.
Innocent infringement occurs when the infringer did not realize that the
work was protected.
The use of the copyright notice is the responsibility of the copyright owner
and does not require advance permission from, or registration with, the
Copyright Office.
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all the following
three elements:
1. The symbol © (the letter C in a circle), or the word "Copyright," or the
abbreviation "Copr."; and
2. The year of first publication of the work. In the case of compilations or
derivative works incorporating previously published material, the year date
of first publication of the compilation or derivative work is sufficient.
The year date may be omitted where a pictorial, graphic, or sculptural work,
with accompanying textual matter, if any, is reproduced in or on greeting
cards, postcards, stationery, jewelry, dolls, toys, or any useful article;
and
3. The name of the owner of copyright in the work, or an abbreviation by
which the name can be recognized, or a generally known alternative
designation of the owner.
Example: © 2002 John Doe
The "C in a circle" notice is used only on "visually perceptible copies."
Certain kinds of works--for example, musical, dramatic, and literary
works--may be fixed not in "copies" but by means of sound in an audio
recording. Since audio recordings such as audio tapes and phonograph disks
are "phonorecords" and not "copies," the "C in a circle" notice is not used
to indicate protection of the underlying musical, dramatic, or literary work
that is recorded.
Form of Notice for Phonorecords of Sound Recordings*
* Sound recordings are defined in the law as "works that result from the
fixation of a series of musical, spoken, or other sounds, but not including
the sounds accompanying a motion picture or other audiovisual work." Common
examples include recordings of music, drama, or lectures. A sound recording
is not the same as a phonorecord. A phonorecord is the physical object in
which works of authorship are embodied. The word "phonorecord" includes
cassette tapes, CDs, LPs, 45 r. p. m. disks, as well as other formats.
The notice for phonorecords embodying a sound recording should contain all
the following three elements:
1. The symbol (the letter P in a circle); and
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording, or an
abbreviation by which the name can be recognized, or a generally known
alternative designation of the owner. If the producer of the sound recording
is named on the phonorecord label or container and if no other name appears
in conjunction with the notice, the producer's name shall be considered a
part of the notice.
background music, is that OK? Does that fall under the 'Fair Use' clause of
copyright laws, as long as I use it for my own 'entertainment'? Am I in
violation of copyright laws if I cross the line and post it on the Web? Do I
need permission from the copyright owner beforehand? Even if I don't make
any money from showing it, there is some shade of gray there. It could be
interpreted as being used as a means for personal gain. For example,
generating traffic on my Web site. I could lure you to my site because you
may like a particular song. Once there I could propagate my message or
advertise some other product or service. Just wondering;. I've poured
through the U.S. Copyright and not being a lawyer, it's all Greek to me.
WHAT IS COPYRIGHT?
Copyright is a form of protection provided by the laws of the United States
(title 17, U.S. Code) to the authors of "original works of authorship,"
including literary, dramatic, musical, artistic, and certain other
intellectual works. This protection is available to both published and
unpublished works. Section 106 of the 1976 Copyright Act generally gives the
owner of copyright the exclusive right to do and to authorize others to do
the following:
· To reproduce the work in copies or phonorecords;
· To prepare derivative works based upon the work;
· To distribute copies or phonorecords of the work to the public by
sale or other transfer of ownership, or by rental, lease, or lending;
· To perform the work publicly, in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works;
· To display the copyrighted work publicly, in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and pictorial,
graphic, or sculptural works, including the individual images of a motion
picture or other audiovisual work; and
· In the case of sound recordings, to perform the work publicly by
means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of
attribution and integrity as described in section 106A of the 1976 Copyright
Act. For further information, request Circular 40, "Copyright Registration
for Works of the Visual Arts."
It is illegal for anyone to violate any of the rights provided by the
copyright law to the owner of copyright. These rights, however, are not
unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
establish limitations on these rights. In some cases, these limitations are
specified exemptions from copyright liability. One major limitation is the
doctrine of "fair use," which is given a statutory basis in section 107 of
the 1976 Copyright Act. In other instances, the limitation takes the form of
a "compulsory license" under which certain limited uses of copyrighted works
are permitted upon payment of specified royalties and compliance with
statutory conditions. For further information about the limitations of any
of these rights, consult the copyright law or write to the Copyright Office.
WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a
tangible form of expression. The fixation need not be directly perceptible
so long as it may be communicated with the aid of a machine or device.
Copyrightable works include the following categories:
1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works
Use of the notice may be important because it informs the public that the
work is protected by copyright, identifies the copyright owner, and shows
the year of first publication. Furthermore, in the event that a work is
infringed, if a proper notice of copyright appears on the published copy or
copies to which a defendant in a copyright infringement suit had access,
then no weight shall be given to such a defendant's interposition of a
defense based on innocent infringement in mitigation of actual or statutory
damages, except as provided in section 504(c)(2) of the copyright law.
Innocent infringement occurs when the infringer did not realize that the
work was protected.
The use of the copyright notice is the responsibility of the copyright owner
and does not require advance permission from, or registration with, the
Copyright Office.
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all the following
three elements:
1. The symbol © (the letter C in a circle), or the word "Copyright," or the
abbreviation "Copr."; and
2. The year of first publication of the work. In the case of compilations or
derivative works incorporating previously published material, the year date
of first publication of the compilation or derivative work is sufficient.
The year date may be omitted where a pictorial, graphic, or sculptural work,
with accompanying textual matter, if any, is reproduced in or on greeting
cards, postcards, stationery, jewelry, dolls, toys, or any useful article;
and
3. The name of the owner of copyright in the work, or an abbreviation by
which the name can be recognized, or a generally known alternative
designation of the owner.
Example: © 2002 John Doe
The "C in a circle" notice is used only on "visually perceptible copies."
Certain kinds of works--for example, musical, dramatic, and literary
works--may be fixed not in "copies" but by means of sound in an audio
recording. Since audio recordings such as audio tapes and phonograph disks
are "phonorecords" and not "copies," the "C in a circle" notice is not used
to indicate protection of the underlying musical, dramatic, or literary work
that is recorded.
Form of Notice for Phonorecords of Sound Recordings*
* Sound recordings are defined in the law as "works that result from the
fixation of a series of musical, spoken, or other sounds, but not including
the sounds accompanying a motion picture or other audiovisual work." Common
examples include recordings of music, drama, or lectures. A sound recording
is not the same as a phonorecord. A phonorecord is the physical object in
which works of authorship are embodied. The word "phonorecord" includes
cassette tapes, CDs, LPs, 45 r. p. m. disks, as well as other formats.
The notice for phonorecords embodying a sound recording should contain all
the following three elements:
1. The symbol (the letter P in a circle); and
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording, or an
abbreviation by which the name can be recognized, or a generally known
alternative designation of the owner. If the producer of the sound recording
is named on the phonorecord label or container and if no other name appears
in conjunction with the notice, the producer's name shall be considered a
part of the notice.
) I highly recommend Dvinfo if you plan to