News Media Law & Ethics
News Media Law & Ethics JRN 430
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Miss Cristian Upton
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This 5 page Class Notes was uploaded by Miss Cristian Upton on Saturday September 19, 2015. The Class Notes belongs to JRN 430 at Michigan State University taught by Linda Carter in Fall. Since its upload, it has received 35 views. For similar materials see /class/207394/jrn-430-michigan-state-university in Journalism and Mass Communications at Michigan State University.
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Date Created: 09/19/15
Chapter 6 Intellectual Property Two kinds of intellectual property Inventions 7 protected under patent law Provides inventors up to 20 years to have exclusive commercial rights to their machines processes manufactured products and designs Writings includes books poems screen plays songs and DVDs Protected by Federal copyright statute Copyright British originated copyright as a method of censorship after the invention of the printing press in the 1440 s 1556 British Crown granted Stationers Company a monopoly on printing Easier to block dissemination of heretical writings Statute of Anne 1710 1st statute to recognize the rights of authors Granted authors exclusive rights to print their new works for a renewable 14 year term 1790 1st copyright law adopted in the US Protected an author of any book map or chart from unauthorized copying for a renewable 14 year term protection for prints added 1831 protection for compositions added 1865 protection for photographs added 1870 protection for paintings added 1976 Copyright Act 7 Included several changes that made it easier for authors to control when and how their works are used by others Made copyright law more uniform by preempting state copyright law COPYRIGHTABLE WORKS original works of authorship xed in any tangible meaning of expression from which they can be perceived reproduced or otherwise communicated includes literary musical dramatic audiovisual pictorial graphic and sculptural works Copyright protects expression not the ideas or facts contained in the expression Borrowing facts and ideas 7 with or without attribution 7 does NOT Violate copyright laws Copyright also covers compilations Compilation work formed by collecting and assembling preexisting materials or data that are selected coordinated or arranged in such a way as to create a new original work Telephone books can t be copyrighted No originality creativity Feist Publications Inc V Telephone Services Company Collective Work can be copyrighted A gathering of preexisting works that may already be copyrighted Ex magazines anthologies and corporate reports Derivative work may be copyrighted Transformation or adaptation of an existing work Copyright owner has exclusive right to create derivative works Translations from foreign languages movie versions of plays and novels and dolls based on cartoon characters NOTICE REGISTRATION AND DEPOSIT Copyright protection for works created a er 1977 lasts for the life of the author 70 years If a company is the copyright holder copyright runs for 120 years from date of creation Or 95 years from the date of publication whichever is shorter Notice Authors are not required to protect copyright they should place copyright notices on their works and register them If a work is published 2 copies must be deposited with the Copyright Of ce in Washington DC Notice has 3 elements the letter C in a circle the word copyright or the abbreviation copr the year of rst publication the name of the copyright owner eX 2006 John Dude Notice should be easily seen A er March 1 1989 copyright notices are not required on American works Placing notice is still advisable One copyright notice on a collective work ex New York Times covers all the work except for advertisements Advertisers should put a separate copyright notice on each ad they want protected Registration and deposit An author may register a work with the Register of Copyrights in Washington by submitting the proper form and a registration fee of 45 Should be done within 3 months of publication Author must also deposit two copies of a publish work and one of an unpublished work Copyright owners of registered works may sue an infringer for actual damages Copyright owners can seek statutory damages as well Simply because the copyright is infringed without proof of nancial damage Copyright ownership Copyright belongs to the author of a work May be an individual or joint author Works Made for Hire The legal author of a work is not necessarily the same as the creator A work made for hire is either 1 A work prepared by an employee within the scope of his employment or 2 a work specially ordered or commissioned that falls within one of 9 specialized categories Employers own copyrights of work for hire s work Independent writers and artists are not considered employees Government and Copyright Federal government or employees are prohibited from owning a copyright for works created as a part of their of cial duties However they own copyrights of speeches and writings composed in their own time RIGHTS Copying Author owns the right to control the copying or reproduction of a work It is particularly hard to prohibit illicit copying of digital information on the internet Right of copyright owners to control the reproduction of their work is not absolute Fair use allows critics commentators reviewers scholars and others to copy limited portions for comment and criticism Derivative Works The owner of a copyright controls creation of derivative works The author of a novel may create or authorize others to create sequels lms plays and cartoons all based on the original novel DISTRIBUTION Copyright owner has exclusive right to distribute publish sell loan or rent copies of their work Do not include control over resale of a copy Control and receipt of royalties stop with the rst sale of each law llly produced copy of a book lm or other work Freelancers should control whether their newspaper and magazine work is republished in electronic databases NYTimes Company v Tasini Freelancers must grant permission Display copyright owners have a right to publicly display their work To display a work publicy means to show a copy either directly or by means of a lm slide tv image or other device to show a substantial number of people Doesn39t infringe owner39s display rights if one computer links to a website in order for the viewer to see text and images stored there Performance Allows owners to perform the copyrighted work publicly They can authorize or not authorize a performance and demand royalties Performance Licenses for Musical Compositions Radio station needs permission to play a song Get it from a performing rights organizations 3 major ones American Society of Composers Authors and Publishers ASCAP Broadcast Music Inc BMI and SESAC Performance Licensing for Sound Recordings Radio stations pay royalties only for performing the musical composition Atelevision station would need permission from the record label to perform a song in a broadcast program A lm producer would need a license as well Webcasters must get performance rights as well or can be subject to pay up to 150000 per infringement Compulsory Licenses exception to copyright allowing the media to perform a copyrighted work without explicit permission as long as the user pays royalties Cell phone companies have compulsory licenses to use songs as ringtones Moral Rights the right to be known as the author of one39s work and to withdraw a work from distribution Allow an author to protect the integrity of a work by preventing others from deforming it or using it in a way that re ects poorly on the author Visual Artists Rights Act of 1990 protects artists39 rights of attribution and integrity in some paintings drawings prints sculpture and photographs produced for exhibition An artist whose work is violated can sue to stop the violation and claim monetary damages Doesn39t protect rights of j oumalists or photographers INFRINGMENT Access It is easy to prove access to a work that anyone might see and copy Copiers have easy access to works distributed online Substantial Similarity It is easy to prove this when the pirate copies the original work word for wordQuinto V Legal Times of Washington Inc was an easy case because a Washington legal publication reprinted without change 92 percent of a copyrighted work Courts often examine whether the underlying ideas and the manner of expression are similar in the two works Great WhiteJaws Types of Infringement 3 forms Direct Infringement Copying performing or otherwise violating a copyright owner39s exclusive rights without permission Photocopying a book duplicating a dvd le sharing Contributory Infringement Contributing to the infringement of others or knowingly causing others to infringe but not infringing directly Napster used to allow people a server to share music les Providers of free peertopeer le sharing so ware Vicarious Infringement someone has the right and ability to supervise the infringers activity and therefore can stop iti and bene ts from the infringement Napster had direct nancial interest in building the user base 1998 Digital Millennium Copyright Act 7 law criminalizing acts that disable or circumvent technology designed to prevent illegal copying Fair Use 7 Permits limited copying for comment and criticism To make fair use of a copyrighted work it isn39t necessary to ask permission or pay a royalty Fair use doctrine permits limited copying of copyrighted work usually only for productive39 purposes such as news reports criticism and comment Factors to be considered when a court is determining if copying constitutes a fair use The purpose and character of the use including whether such use is of a commercial nature or is for nonpro t educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use on the potential market for or value of the copyrighted work Purpose and Character of the use likely to be found fair use when the purpose is criticism comment news reporting teaching scholarship or research News and Comment The law permits reporters and scholars to quote brief excerpts from copyrighted works without paying royalties Parody Parody needs to mimic an original to make it s point Cannot just use name and style to market a new piece needs to mimic the original Teaching and Noncommercial Research Allow a teacher or researcher to make a single copy of a chapter in a book or to copy a single article from a periodical or newspaper Permit a teacher to make copies for class as long as their short Personal Entertainment Usually not covered under fair use Copying a whole work for entertainment has no transformative purpose Advertising Unlikely to be fair use Vogue School of Fashion Modeling infringed the copyright of Vogue magazine when they copied to mag39s covers for a campaign They had no relation to the magazine Reproducing copyrighted material in a comparative ad is a productive fair use because the ad comments on criticizes and presents info about competing products Miami Herald V TV Guide Nature of the Copyrighted Work databases lists and stock tables receive less protection than works such as novels and plays that embody more originality News reports are less protected than movies Amount and Substantiality of the Portion Used The greater the amount of work copied the weaker the fairuse defense Quantity Cannot copy all or most of a copyrighted work Quality Cannot use the heart of the work 300400 words quoted by the Nation from Ford39s Memoirs as copyrights infringement Effect on the Plaintist Potential Market most important factor for determining fair use Whether or not the copy has the same lnction as the original and therefore competes with or supplants the original work in the marketplace Copying book and magazine excerpts for professors course packs is an infringing commercial use Kinkos Unfair Competition Prohibited forms include misappropriating the work of others using similar titles in a misleading way stealing trade secrets and advertising falsely Misappropriation unauthorized taking of the benefit of someone else s investment of time effort and money O en referred to as piracy39 1918 case International News Service V Associated Press Taking by INS of AP39s expenditure of time and effort in gathering and assembling facts Sports clips are now limited to news outlets Trademarks misuse of another39s trademark so as to con lse the public Lanham Trademark Act of 1946 7 de nes atrademark as any word name symbol or device used by a manufacturer in commerce to identify and distinguish his or her goods from those manufactured or sold by others and to indicate the source of the goods Registration Registered trademark is denoted with an If a trademark is pending companies sometimes print trademark pending or TM Registration must be renewed every 10 years Inherently Distinctive Marks words that describe function use size or quality of goods cannot be trademarks Names like tasty candy Oyster House restaurant and Ivy League clothes cannot be registered because they39re descriptive words in the public domain Kodak and Clorox are coined terms that have no meaning other than to identify the source of products Can be trademarked Apple computers can be Trademarked because apple39 has nothing to do with computers and the same with 39old crow39 whiskey Brilliant lmiture cleaner suggests the quality of the product Doesn39t describe the product The cleaner isn39t brilliant but it
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