A Cut and Paste World: Copyrights and Trademarks
Technology has provided us with unlimited tools to create, present and even profit from seemingly unlimited forms of media. Pictures, graphics, audio, and videos are a click away from impressing family, friends, and business associates. Today's “cut and paste world” has also created a new concern as it applies to the law, specifically, in the area of copyrights and trademarks. What happens when we use our most beloved characters such as Mickey Mouse or Charlie Brown in media formats intended for our personal audiences such as family and friends? How does the law treat these same presentations when ending up in more public forums such as weddings or graduations? This is the basis for this article pertaining to a “cut and paste world” and the importance of considering copyrights and trademarks.
First, it is important to understand the definitions and history of this portion of the law. In the 16th century, England created a system to help protect ones’ rights to their work. “Copyright is an area of the law that deals with intangible property - property that a person cannot touch or hold or lock away for safekeeping.” (Pember, Calvert pg 488). The Merriam-Webster dictionary defines copyright as: “the exclusive legal rights to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work).” Trademarks are slightly different. “A trademark is any word, symbol or device - or combination of the three.” (Pember, Calvert pg 498). Trademarks are applied for and established through the Patent and Trademark office in Washington D.C. Copyrights also require appropriate registrations and fees to become officially protected by the law. Searching for these registered copyrights can be achieved by using the internet on any number of websites including U.S. Trademark electronic search systems and www.gocopyright.com. When considering personal use in today’s “cut and paste world,” trademark laws would cover issues concerning logos and characters being displayed in our media presentations, while music or videos would likely be covered by copyright laws.
According to wiki.answers.com, there are over a billion internet users online in the world on a daily basis. With the fast-paced world and new technologies (i.e. ipad, iphone 4), the easy access to other people’s work is right at our finger tips. This new technology has made connection time from computer/phone faster and easier to file share; therefore, making the likelihood for illegally downloading and dubbing material easier. The rights holders of these materials become very uncomfortable as they do not know where their works may end up, and they may not receive their rightful and correct payment. For many individuals, a question of ethics and doing what is required by law may be brushed aside as there is a feeling that “we will never get caught” because of the enormous efforts that would be required by those who own the trademarks and copyrights to catch the infringement. These risks can be expensive as recently discovered by an individual who was prosecuted and convicted of illegally downloading and sharing music from the popular Napster website. It is very important that we understand and comply with the laws as they apply to media copyrights and trademarks.
Formal legal organizations set up to surround the new media technologies were formed several decades ago. Two of the more well-known groups actively involved are the World Intellectual Property Organization (WIPO) and the Digital Millennium Copyright Act (DMCA). WIPO was created in 1967 to help promote the protection of intellectual property. With the increasingly more sophisticated technology, the DMCA was established in 1998 to help control the easy accessibility of using other people’s work. This treaty took the WIPO one step further in aiding in the protection of intellectual property with using encryption codes on CDs, DVDs, and computers. There have been many cases regarding file sharing wherein someone has illegally downloaded copyrighted material, made copies, and distributed the work for money. With the help of both of these organizations, the control of illegal usage of copyrighted and trademarked work can be censored more effectively. Again, this further emphasizes the need to consider how we use this information in our “cut and paste world.”
Summer is a busy season for weddings, outdoor parties, and family reunions. Recorded music is often used to make personal home videos more upbeat and entertaining for viewing at these events. Photos taken by professional photographers may also be included in these slideshows or videos. In order to properly use a professional photographer’s photos all that is typically required is to get their approval and a signed authorization form – a fairly simple process. The photographer may or may not even charge a fee for their permission. Approvals from music artists can be more difficult, if not almost impossible to obtain. There are legitimate websites specifically set up for downloading music that is offered to the public at a minimal fee or for free. For those sites that are not legitimate, there can be penalties for those who download music from them. A recent example is the violation by the file sharing company Napster as they released the song “I Disappear.” The music group Metallica aided by the DMCA won their case and Napster will pay a sizable restitution and fine.
The importance of researching is evident as we consider the laws surrounding the use of media. Where and how to research copyrights and trademarks can be time consuming and difficult. One must consider the purpose of the media. Cases can be reviewed for fair use or public domain. Fair use takes into consideration the public interest in the lawsuit and the courts will review these cases on a case-by-case basis. There is a checklist in a helpful guide on the internet site copyright.columbia.edu. for such research purposes. Following are a few examples of testing for fair use - Is the work being used for teaching, research, or a non-profit educational institution? If so, then the case will favor a fair use of the media. If it is for commercial activity or entertainment and you are denying credit to the original author, then it will not be considered fair use. Based on this definition, the use of the media for personal presentations would likely be considered entertainment. There is still a gray area as it is not for profit, so there still may be some additional research required. Public Domain cases cover items that were not properly given trademark or copyright. Public domain is considered a legal use of such material. “Works are in the public domain if they are not covered by intellectual property rights at all, if the intellectual property rights have expired, and/or if the intellectual property rights are forfeited.” (http://en.wikipedia.org/wiki/Public_domain#Public_domain_works). Copyrights and trademark registration may expire after a certain time and also become public domain.
In conclusion, the fast-paced “cut and paste world” still requires the appropriate research and compliance to the laws surrounding media items covered by copyrights and trademarks. It can be confusing when using pre-printed or pre-recorded material for your personal presentations, but one should always consider that we should give credit where credit is due or don’t use the material. There are many resources available today to help answer these questions and make following the laws practical.
Resources
Pember, Don R. and Calvert, Clay. Mass Media Law, McGraw-Hill, New York, NY, 2008
http://wiki.answers.com/Q/How_many_people_surf_the_web_each_day&alreadyAsked=1&rtitle=How_many_people_surf_the_web_daily
http://en.wikipedia.org/wiki/Public_domain#Public_domain_works
"copyright." Merriam-Webster Online Dictionary. 2010.
Merriam-Webster Online. 1 July 2010
<http://www.merriam-webster.com/dictionary/copyright>5
First, it is important to understand the definitions and history of this portion of the law. In the 16th century, England created a system to help protect ones’ rights to their work. “Copyright is an area of the law that deals with intangible property - property that a person cannot touch or hold or lock away for safekeeping.” (Pember, Calvert pg 488). The Merriam-Webster dictionary defines copyright as: “the exclusive legal rights to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work).” Trademarks are slightly different. “A trademark is any word, symbol or device - or combination of the three.” (Pember, Calvert pg 498). Trademarks are applied for and established through the Patent and Trademark office in Washington D.C. Copyrights also require appropriate registrations and fees to become officially protected by the law. Searching for these registered copyrights can be achieved by using the internet on any number of websites including U.S. Trademark electronic search systems and www.gocopyright.com. When considering personal use in today’s “cut and paste world,” trademark laws would cover issues concerning logos and characters being displayed in our media presentations, while music or videos would likely be covered by copyright laws.
According to wiki.answers.com, there are over a billion internet users online in the world on a daily basis. With the fast-paced world and new technologies (i.e. ipad, iphone 4), the easy access to other people’s work is right at our finger tips. This new technology has made connection time from computer/phone faster and easier to file share; therefore, making the likelihood for illegally downloading and dubbing material easier. The rights holders of these materials become very uncomfortable as they do not know where their works may end up, and they may not receive their rightful and correct payment. For many individuals, a question of ethics and doing what is required by law may be brushed aside as there is a feeling that “we will never get caught” because of the enormous efforts that would be required by those who own the trademarks and copyrights to catch the infringement. These risks can be expensive as recently discovered by an individual who was prosecuted and convicted of illegally downloading and sharing music from the popular Napster website. It is very important that we understand and comply with the laws as they apply to media copyrights and trademarks.
Formal legal organizations set up to surround the new media technologies were formed several decades ago. Two of the more well-known groups actively involved are the World Intellectual Property Organization (WIPO) and the Digital Millennium Copyright Act (DMCA). WIPO was created in 1967 to help promote the protection of intellectual property. With the increasingly more sophisticated technology, the DMCA was established in 1998 to help control the easy accessibility of using other people’s work. This treaty took the WIPO one step further in aiding in the protection of intellectual property with using encryption codes on CDs, DVDs, and computers. There have been many cases regarding file sharing wherein someone has illegally downloaded copyrighted material, made copies, and distributed the work for money. With the help of both of these organizations, the control of illegal usage of copyrighted and trademarked work can be censored more effectively. Again, this further emphasizes the need to consider how we use this information in our “cut and paste world.”
Summer is a busy season for weddings, outdoor parties, and family reunions. Recorded music is often used to make personal home videos more upbeat and entertaining for viewing at these events. Photos taken by professional photographers may also be included in these slideshows or videos. In order to properly use a professional photographer’s photos all that is typically required is to get their approval and a signed authorization form – a fairly simple process. The photographer may or may not even charge a fee for their permission. Approvals from music artists can be more difficult, if not almost impossible to obtain. There are legitimate websites specifically set up for downloading music that is offered to the public at a minimal fee or for free. For those sites that are not legitimate, there can be penalties for those who download music from them. A recent example is the violation by the file sharing company Napster as they released the song “I Disappear.” The music group Metallica aided by the DMCA won their case and Napster will pay a sizable restitution and fine.
The importance of researching is evident as we consider the laws surrounding the use of media. Where and how to research copyrights and trademarks can be time consuming and difficult. One must consider the purpose of the media. Cases can be reviewed for fair use or public domain. Fair use takes into consideration the public interest in the lawsuit and the courts will review these cases on a case-by-case basis. There is a checklist in a helpful guide on the internet site copyright.columbia.edu. for such research purposes. Following are a few examples of testing for fair use - Is the work being used for teaching, research, or a non-profit educational institution? If so, then the case will favor a fair use of the media. If it is for commercial activity or entertainment and you are denying credit to the original author, then it will not be considered fair use. Based on this definition, the use of the media for personal presentations would likely be considered entertainment. There is still a gray area as it is not for profit, so there still may be some additional research required. Public Domain cases cover items that were not properly given trademark or copyright. Public domain is considered a legal use of such material. “Works are in the public domain if they are not covered by intellectual property rights at all, if the intellectual property rights have expired, and/or if the intellectual property rights are forfeited.” (http://en.wikipedia.org/wiki/Public_domain#Public_domain_works). Copyrights and trademark registration may expire after a certain time and also become public domain.
In conclusion, the fast-paced “cut and paste world” still requires the appropriate research and compliance to the laws surrounding media items covered by copyrights and trademarks. It can be confusing when using pre-printed or pre-recorded material for your personal presentations, but one should always consider that we should give credit where credit is due or don’t use the material. There are many resources available today to help answer these questions and make following the laws practical.
Resources
Pember, Don R. and Calvert, Clay. Mass Media Law, McGraw-Hill, New York, NY, 2008
http://wiki.answers.com/Q/How_many_people_surf_the_web_each_day&alreadyAsked=1&rtitle=How_many_people_surf_the_web_daily
http://en.wikipedia.org/wiki/Public_domain#Public_domain_works
"copyright." Merriam-Webster Online Dictionary. 2010.
Merriam-Webster Online. 1 July 2010
<http://www.merriam-webster.com/dictionary/copyright>5