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Ethics in Video Production

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on 14 August 2013

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Transcript of Ethics in Video Production

Ethics in Video Production

Fair Use,
Copyright, &
Creative Commons

Is this fair use?
Fair Use:
A Legal Gray Area
Important factors to consider regarding fair use.
#1
#2
#3
Consider the effect on the sale of or value of the copyrighted work.

Ask yourself, "would my creation serve as a substitute for the copyrighted work?"
If "no", then it is fair use because you have added new meaning and/or made an original creation.
CHARACTER
THE EFFECT ON THE MARKET
Strive for transformative uses (used in a new way and for a new audience)
Examples include: Criticism, Commentary, Newsreporting, Parody, Remix, Mashup

Your creation should be for uses such as nonprofit, educational, or personal.
Is this fair use?
Is this fair use?
FAIR USE is the ability to use copyrighted work without permission but only in certain ways and in specific situations.
Consider the amount used in relation to the entire copyrighted work.
Borrow small bits from the original and no more than necessary.
Beware of borrowing sections that constitute the "heart" of the work.
AMOUNT USED
#2
The Supreme Court describes fair use as
"the guarantee of breathing space for new expression within the confines of copyright law."
YouTube & Fair Use

Is this fair use?
Copyright
Form of protection for creators of original works

Owner/Creator has exclusive right to:
reproduce, copy, sell, or distribute the work to the public
create new works based upon the original work
perform or display the work publicly
Works Commonly Copyright Protected
literature
music and lyrics
dramatic works
photos and graphics
motion pictures and other audiovisual works
video games and software
audio recordings
Copyright Limitations
Fair Use: public use of portions of copyrighted work without permission from owner

First Sale: consumer can resell a product with copyrighted material without owner's permission (ex. book or CD)

Public Domain: works free to use by anyone without permission. User gains unrestricted access and unlimited creativity.
*These works are either no longer covered by copyright law or designated for free and unlimited public access.
Anything published before 1923 is in the public domain
Copyright Act of 1976 gives automatic copyright protection to works once they are created
Work is copyrighted for the lifetime of the single creator, plus 70 years
Work must be in a tangible form, NOT:
a made up song
titles or names
short phrase
slogan or idea
fact
process or system
*Many of these can be trademarked
Length of Copyright
CAUTION:
Copyright Extends to the Internet
The Internet is NOT the public domain. Copyright law is easy to violate by downloading texts or images from the Internet.

A copyright notice is not required under current law.

To be safe, assume that if a work can be copyrighted, then it is copyrighted and permission is required.
Creative
Commons
Creative Commons
License Icons
Attribution: must acknowledge the author of the work and comply with the author's conditions
No Imitations: Work can only be used as it is. Not adapted or modified.
Share Alike: If you create anything based on the original, then it must be shared with others under the same license as the original.
Non-commercial Use: You must not use the original or anything based on the original to make money.
Copyright vs. Creative Commons
a kind of copyright that makes it easy for people to copy, share, and build on someone’s creative work

Credit must be given to the original creator.
Full transcript