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JMS 460 Legal, Regulatory & Ethical Issues
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Legal, Regulatory & Ethical Issues
First Amendment
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
- Is not absolute
- Threatens national security - not protected
- Publish practically anything - can still be sued for libel if it’s false
- Remember the word privacy is NOT in the constitution
- Business may not use a person’s name or likeness for commercial purposes without consent
Copyright
Copyright
- Copyright protection is alive and well on internet
- Be sued even if you don't know it was copyrighted
- Who owns it?
- Make sure it’s in the contract
- Work-for-hire provision in contract
- Copyrights fall into contract - no set rules
- Copyright protection is nearly automatic when work is created
- You can post anything on Youtube & Facebook & Tik Tok
- Copyright? - it can be taken down
Copyright & Social Media
- Do you share images in your personal social media or in social marketing?
- Wondering if you’re violating copyright laws?
- Read each platform’s Terms of Service
- Technology moves faster than law
- Copyright protects original works of authorship fixed in a tangible medium
- Expression, including literary, dramatic, musical, and artistic works
- Re-posting, saving or sharing can violate copyright laws
- Infringers - liable for actual damages
- If you cannot determine the authorship of content don’t post or share
Fair use Explained
- What ethical considerations should be considered when using someone else's work?
- How does copyright law impact the freedom of expression?
- Can you think of any examples where fair use could be argued for using copyrighted material without permission?
- What are some potential consequences of infringing on someone's copyright?
- How does the legal system decide whether the use of copyrighted material is fair or not?
Fair Use
NO SUCH THING AS FAIR USE!!
- Use my philosophy - There is no such thing as fair use!
- Would you like to see your photo, video or writing used to promote something without your permission?
- Are you ok with me using only one chapter or your work?
- Do you think they transformed your work enough?
- Did they effect the market for your original work (up or down)?
- REMEMBER - NO 10% rule for copyright
- If you catch them will you sue?- They can be sued even if it’s not registered
- Real actual damage?
- Discouragement of profits - Sued to the profits you make from infringed media
Questions
- What are some alternatives to using copyrighted material in your work?
- What are some common misconceptions about copyright law?
- What role do contracts play in copyright law?
- How does the use of social media impact copyright law and enforcement?
Derivative Works
Derivative Works
- New, original product that includes aspects of a preexisting, already copyrighted work.
- Can include musical arrangements, motion pictures, art reproductions, sound recordings
- They can also include dramatizations and fictionalizations, such as a movie based on a play.
- Legal perspective - no absolute percentage before it’s considered new
- Sampling in music and lawsuits are a yearly thing
- The fine line between cover songs and derivative works
- How does the legal system decide whether the use of copyrighted material is fair or not?
- Can you think of any examples where a derivative work improved upon the original?
- What are some ways that artists and content creators can protect their own copyrights?
- What is the difference between plagiarism and copyright infringement?
Regulatory Issues
We are about to have an AI problem?
How can technology impact copyright law, and vice versa?
What are some ways that technology companies can balance copyright protection with user freedom?
Media Ethics
Media Ethics
Avoid Gift for Bribes-don't give, don’t receive
Don’t pay subjects for interviews, Don’t buy them a soda
When an unexpected event unfolds - shoot!
Shoot now-decide later
Juxtaposing Clips can change the meaning of the story
Slowing down or speeding up video changes perception
Walking slow - perception could be sinister, evil guilty
Sped up - superhuman, cartoony
Color Balance Can Color the Outcome
Example - gunfire captured in one shot but not the other but you heard it the whole time you were there
Music - Present of added during editing to heighten the mood