Copyright website and further information

Discussion in 'Professional Video Production' started by Bill Farnsworth, Jan 20, 2004.

  1. This subject comes up at LEAST a half dozen times a year so I thought I
    would post some information AND post a website link that has even more
    information. Pointing future inquiries to Google should get them immediate
    results with this post.

    Bill F.

    Here ya go.......

    Here is a link to a well laid out site

    And here is some more info.
    Copyright Basics*
    What is a copyright?
    A copyright is the legal protection given in the United States to
    original works of authorship, including books, paintings, photos,
    music, video, software, and so forth. Copyright protection attaches to
    a work the moment it is fixed in tangible form (on paper, on video,
    and so forth) and prevents others from exploiting the work without

    Copyright is a bundle of rights
    A copyright actually is a bundle of rights that includes the
    exclusive right to distribute, sell, duplicate, publicly perform, and
    create derivative works from the work. The length of copyright
    protection for older works is often difficult to determine, but for
    newer works these exclusive rights last at least 70 years, depending
    upon whether the author is a person or a company. The fact that a work
    is old doesn't necessarily mean that the copyright on it has expired.
    Until the end of the term of protection, a copyright owner has the
    right to sell, transfer, assign, or license one or all of his
    exclusive rights to someone else.

    Selling versus giving away an item
    Copyright protection includes the exclusive right to distribute or
    sell the copyright work. This usually means that giving away a copy of
    a copyrighted work (for example a copy of a videocassette) is not
    permitted. Thus, selling a pencil for $5.00, and including for "free"
    an unauthorized videocassette copy would probably be an infringement.

    Copyright registrations and markings
    In the United States, it is no longer necessary to register a
    copyright to enjoy copyright protection, although you may have to
    register your copyright if you want to file a legal action concerning
    your copyright. It is also no longer necessary to place a © on the
    copyrighted work, but it is a good idea to do so. The absence of a ©
    doesn't mean its okay to copy the work without permission.

    Resale of copyrighted works
    Under the copyright laws, the owner of a particular copy of a
    copyrighted work is generally entitled to resell the particular copy
    they own. If you have licensed the right to use a particular
    copyrighted item, you should review the license and consult with your
    attorney to determine whether you can resell the item.

    Rights of publicity
    Similarly, the unauthorized commercial use or sale of someone's
    likeness (face or image), name, or signature on a product is
    prohibited by California's "Right of Publicity" law and some privacy
    laws. Thus, the commercial use of a photograph of a celebrity may
    violate that celebrity's right of publicity even if you took the
    picture yourself and own the copyright.

    What About the Berne Convention?
    The Berne Convention is an international treaty that the United
    States agreed to in 1989. By signing the Berne Convention, the U.S.
    committed to making certain changes to its copyright law. In fact,
    even before signing the Berne Convention, the U.S. had made all the
    necessary changes to its law. The Berne Convention itself is not U.S.
    law and does not excuse activity which otherwise would violate U.S.
    copyright law.

    For more information about copyrights:
    U.S. Copyright Office
    California's "Right of Publicity" law
    Avoiding Trademark, Patent and Copyright Problems (Franklin Pierce Law
    FACE (Friends of Copyright Education)
    Bill Farnsworth, Jan 20, 2004
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  2. Bill Farnsworth

    Alan Lloyd Guest

    On Tue, 20 Jan 2004 15:57:44 GMT, "Bill Farnsworth"

    Well, it's not likely to stop it from surfacing regularly, not unlike
    too much cucumber in the salad, but thaks for the good digging, Bill.
    Most useful post of the day, I suspect.
    Alan Lloyd, Jan 20, 2004
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  3. Bill Farnsworth

    Steve Guidry Guest

    Damn, Bill !

    This is virtually word-for word the verbiage I paid an attorney about $1200
    to gin up for me. It was in the context of an opinion on a project I had
    going a few years back. Charged me 6 hours research, as I recall. Damn !

    Steve Guidry
    Video Works, Inc.
    Steve Guidry, Jan 20, 2004
  4. Well hell........ I think I'll branch out. I always wanted to buy me a suit
    and a second tie.

    Bill F.
    Bill Farnsworth, Jan 20, 2004
  5. Bill Farnsworth

    Alan Lloyd Guest

    You own one too?
    Alan Lloyd, Jan 20, 2004
  6. Bill Farnsworth

    Steve Guidry Guest

    Actually, I have 3 ties : this year's tie, LAST year's tie, and the year
    before. I'm on a _strict_ rotation.

    I finally threw out all those old disco 70's ones a few years back. Now it
    turns out that they're starting to surface in "vintage" clothing stores.

    Go figure . . .

    Steve Guidry, Jan 20, 2004
  7. I use to own two. One had the Three Stooges on it. The other had "Dogs
    Playing Poker"........ I could never make up my mind which one to wear. So I
    threw one away. (Larry and Bill D. would have a pretty good idea of which
    one I kept.)

    Bill F.
    Bill Farnsworth, Jan 20, 2004
  8. Bill Farnsworth

    Randy Brown Guest

    Ah, THOSE are the ones you should wear. When people see them, they'll say,
    "Please, never wear a tie again."

    At least you don't show up in a liesure suit.

    Randy Brown, Jan 21, 2004
  9. Bill Farnsworth

    Alan Lloyd Guest

    Two words: Nehru jacket!
    Alan Lloyd, Jan 21, 2004
  10. Bill Farnsworth

    PTRAVEL Guest

    Sorry, but there are a couple of things wrong with the information provided:
    Copyright protection isn't exclusive to the US -- it will apply in any
    country which is a Berne Convention signatory (which is most of them).

    It doesn't prevent "exploitation," per se, but only those specific rights
    which are reserved to the copyright owner, i..e the right to make copies,
    prepare derivative works, distribute, publicly perform and publicly display.
    That's all correct.
    Dead wrong. Under first sale doctrine, the owner of any legitimately
    acquired copy may do anything he wants with it, as long as it doesn't
    implicate a reserved right. He may sell it, loan it, destroy it (subject to
    certain moral rights reservations), rent it (unless prohibited by statute),
    give it awary, etc.
    The distribution right and the right to prepare copies are both reserved
    rights and are violated by the _fact_ of creating and transferring an
    unauthorized copy. It doesn't matter whether it is with or without a
    pencil -- and there is no "probably" about it.
    You must have filed an application for copyright before initiating suit,
    period, unless you are suing on a Berne Convention copyright acquired
    elsewhere than in the US. However, there are other significant benefits to
    registration, not the least of which is entitlement to a higher measure of
    statutory damages.
    That's correct.
    Well, that's not saying much, is it? Protected expression that is
    distributed subject to license may not be transferrable. However, so-called
    shrink-wrap licenses may or may not be enforceable depending on the
    jurisdiction in which you find yourself. As a general rule, a shrinkwrap
    license that neither provide sufficient notice OR an opportunity to reject
    the license, e.g. by returning the product, etc., will _not_ be enforceable.
    Roughly accurate. The California statute precludes commercial appropriation
    of likeness, name and/or voice, which is slightly different than "commercial
    use or sale."
    PTRAVEL, Jan 21, 2004
  11. Bill Farnsworth

    Steve Guidry Guest


    What's this "shrink-wrap" license you speak of ?

    Steve Guidry, Jan 21, 2004
  12. Bill Farnsworth

    PTRAVEL Guest

    It refers to the, "You open the box and you agree to the license inside"
    type of licensing that is common with software. What I wrote also applies
    to software that has an "I agree to these terms and conditions" button that
    you have to click when you install.

    I haven't come across shrink-wrap licenses outside the software context, but
    it's probably a matter of time until the movie studios try something
    PTRAVEL, Jan 21, 2004
  13. Bill Farnsworth

    Randy Brown Guest

    hehehe Or Madress Plaid Nehru Jacket.
    Or, wait...those are only given to people who win golf tournaments.

    Randy Brown, Jan 23, 2004
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