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.

College Groups Fighting Copyright

The New York Times today reported that the Recording Industry Association of America has got a new thorn in their side and this time its popping up at college campus near you. A group called Students for Free Culture is advocating looser copyright law restrictions and free information exchange over the Internet on P2P networks. The group has chapters at more than 35 colleges across the country. The group was established at Swarthmore College in 2004.

"We will listen to free music, look at free art, watch free film and read free books," reads the manifesto from its Web site, freeculture.org. "We refuse to accept a future of digital feudalism."

While it's true that the Internet has caused us to reexamine the copyright laws that have been in place for decades and didn't take into account our digital world, it's still a very gray area and one that still has repercussions if you trample over copyright laws. These reprecussions are creating a stir and causing students to unite and fight what they think is an injustice. The Times reported that "Members of the Students for Free Culture talk about the group’s goals with something like the reverence that earlier generations displayed in talking about social or racial equality." Whether it is the same is debatable but we are sure that finding the right balance on this issue will be battled out in the courtrooms and classrooms over the coming decades.

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.