Consumer Selling and Buying of Images and Footage - Copyright Issues

We keep coming back to Copyright issues because they are so important to the integrity of our marketplace but also because many people look at them as a gray area and don't really understand what they can and can't do. While there may be hundreds of legal details involving the use of copyrighted materials, the basic principles of the U.S. and international copyright laws are pretty simple -- if it is an "original work of authorship," you may not use it without the permission of its creator. And just to be safe, always ask.

Copyright laws state that any "original work of authorship" is protected
from the moment of its creation. It is very important to understand that
such a work need not be registered with the U.S. Copyright Office to
enjoy copyright protection. Infringements can result in severe penalties
as well a significant legal expenses which is no fun for anyone but the lawyers.

The U.S. Copyright Law is simply the governments best attempt to provide
creative people with the legal clout to benefit financially from their
creations. It is not, as some seem to think, a roadblock to the
dissemination of information. In truth, lawmakers have bent over
backwards to make sure information is widely disseminated. A "fact" is
never copyrightable.

On the Cutcaster website there will be information about creators and any restictions that may be associated with a particular video or photo.

Students and others interested in using photographs without charge can
find many usable stock photos by going to any internet search engine such as
Google or Yahoo and typing in "free photography" of "free stock photography." If you need help let us know.

For more information click here or to see Cutcaster's Copyright Policy click here.

Legally using images and videos in your blog

Copyright issues and clearing rights are so important to creating an ethical and secure marketplace. We have covered in previous blog posts what is Fair Use and understanding copyright laws better which you can find here. But that line can sometimes be gray so how do you know what is Fair Use and what can get you in deep water?

From the PACA website:

"Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes. The copyright law provides that reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright.

This is a defense to infringement and is limited in scope. We had an interesting conversation with Adam Eland from WallStrip about this type of usage. If how you are using someone else's work qualifies as fair use, it will be decided by the courts, which balances various factors, and is decided on a case by case basis: This is where it can get gray. Guidelines are more commonplace than concrete rules, which is what can make things confusing for people that are not copyright lawyers. Here are some helpful guidelines:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
2. the nature of the copyrighted work; factual or more artistic
3. the amount and substance of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

So remember, when you are using someone else's work always be mindful of how you are using it and please give credit where credit is due. Just a simple shout-out on your page or link back to the author's page. It's only fair.

Creators of Content- Listen up for Copyright Clarification

PACA or to those that don't know the Picture Archive Council of America has produced a PowerPoint presentation which provides a ton of very valuable information regarding copyright law in the US and how it applies to the use of imagery in advertising, the news media and fine art. You can download the presentation here on it's website and is a must review for all creators and users of photography.

Topics that are covered range from what copyright protects and the length of the protection, as well as highlight such topics as fair use, what is an infringement and what is not, and explains how the Digital Millennium Copyright Act can be used to remove infringing works from the Internet. A Must Read.

You will find answers for:

* When do you acquire copyright protection?
* What is and isn't protected?
* What rights does the owner control?
* How long does copyright protection last?
* How to define Public Domain?
* Is copyright notice needed?
* Who owns copyright?
* Can copyright be transferred?
* Limitations on owner's rights
* Definition of Fair Use?
* Why should you worry about copyright?
* Who is responsible?


A lot of the terms that they are trying to clarify in the presentation have gray areas and multiple meanings depending on who you speak to. Nancy Wolff, PACA’s legal counsel and an expert on copyright law, was the creator of the PowerPoint presentation but she came up with all the language to help others understand the terms and usages for us non lawyer types. I'd be interested to hear what others say about how she defines terms and the case studies she picks. These are all very hard terms to define and pinpoint.

If you have a bit of free time and want to learn more about Copyright and topics related this is a good use of your time.