Copyright Copyright and Student Mediaand Student MediaIf it’s not yours, think twice!If it’s not yours, think twice!

Candace Perkins BowenCandace Perkins Bowen

Kent State UniversityKent State University

THSPA, Oct. 23, 2007THSPA, Oct. 23, 2007

Violating copyright is…Violating copyright is…

Using someone else’s original work Using someone else’s original work without obtaining the copyright owner’s without obtaining the copyright owner’s permission first. Usually it’s best to get permission first. Usually it’s best to get that permission in writing.that permission in writing.

Ways to protect Ways to protect intellectual propertyintellectual property

Copyright - protects creative worksCopyright - protects creative worksTrademark - protects business symbolTrademark - protects business symbolPatent - protects inventionsPatent - protects inventions

And somewhat related…And somewhat related…Plagiarism, not a legal issue but an ethical onePlagiarism, not a legal issue but an ethical one

Copyright protectsCopyright protectsYOU, the student journalist who YOU, the student journalist who creates thingscreates thingsOTHERS who have created photos, OTHERS who have created photos, stories, art, etc.stories, art, etc.

When is something When is something copyrighted?copyrighted?

The minute it is created.The minute it is created.

And it doesn’t need the And it doesn’t need the ©©However, if you register the copyright, However, if you register the copyright, you can collect damages if others use you can collect damages if others use

your work without your permission.your work without your permission.

How long does it last?How long does it last?

Not forever. That’s why you can print Not forever. That’s why you can print Shakespeare’s words. But if you want Shakespeare’s words. But if you want to check for sure, use the SPLC to check for sure, use the SPLC copyright calculator:copyright calculator:http://www.splc.org/virtual_lawyer/copyright_71112.asphttp://www.splc.org/virtual_lawyer/copyright_71112.asp

Do YOU own your photos, Do YOU own your photos, art and stories?art and stories?

Probably. Although employers often Probably. Although employers often own the copyright to their employees’ own the copyright to their employees’ creative “work for hire,” most high creative “work for hire,” most high school students are considered school students are considered “independent contractors” and own “independent contractors” and own their copyright. Check your policy.their copyright. Check your policy.

What are owners’ rights?What are owners’ rights? To reproduce the workTo reproduce the work To distribute copies of the workTo distribute copies of the work To make “derivative” works To make “derivative” works To perform or display publiclyTo perform or display publicly

That protects YOUR work, That protects YOUR work, but what can you use but what can you use

from others?from others?

I can download I can download LOTS of things!LOTS of things!

Copyright applies to the Copyright applies to the Internet, too!Internet, too!

Just attributing to the source is NOT Just attributing to the source is NOT the same as getting permission.the same as getting permission.

Photo compliments of cnn.com

Can you use these?Can you use these?

Photo by John Smith, cnn.comPhoto by John Smith, cnn.comWhite House photo by Eric DraperWhite House photo by Eric Draper

Yes and no…Photo #1 comes from a government Photo #1 comes from a government site so you may use it.site so you may use it.

Photo #2 comes from a commercial Photo #2 comes from a commercial news site so you can NOT use it news site so you can NOT use it without permission.without permission.

Another good .gov site:Another good .gov site: FEMA for disaster and weatherFEMA for disaster and weather

www.fema.gov

News media section News media section includes photos in a includes photos in a

searchable data-searchable data-base and details for base and details for

the correct way to the correct way to attribute.attribute.

Fair Use is also Fair Use is also an exception.an exception.

A small amount of some materials can A small amount of some materials can be used for news or educational be used for news or educational purposes.purposes.

According to the SPLC, According to the SPLC, look at these four angles:look at these four angles:What is the purpose of the use? What is the purpose of the use? What is the nature of the copyright-protected What is the nature of the copyright-protected work?work?How much of the original work is used? How much of the original work is used? What is the effect of the use onWhat is the effect of the use on the potential the potential market value of the original work?market value of the original work?

Things to keep in mind:Things to keep in mind: Is the copyrighted work you want to Is the copyrighted work you want to include newsworthy?include newsworthy? Are you sure the original won’t lose Are you sure the original won’t lose value because of your use?value because of your use? How little can you use? How little can you use? NOTE: Contrary to what some believe, no absolute NOTE: Contrary to what some believe, no absolute limit applies -- not less than 10 percent or fewer than limit applies -- not less than 10 percent or fewer than 250 words or shorter than 30 seconds of a song.250 words or shorter than 30 seconds of a song.

How about CD covers?How about CD covers?Using a small photo of the cover of a Using a small photo of the cover of a CD you are reviewing is probably OK, CD you are reviewing is probably OK, though the smaller the better.though the smaller the better.

Applying the Fair Use test:Applying the Fair Use test:Purpose? Yes, it’s to critique the CD.Purpose? Yes, it’s to critique the CD.But it’s creative & you’re using all of it.But it’s creative & you’re using all of it.However, you may even be enhancing However, you may even be enhancing the music’s value.the music’s value.

Bottom line: It’s probably OK, especially if it is small.

How about movie shots?How about movie shots?Using a photo to go with a movie Using a photo to go with a movie review…maybe it’s legal but…review…maybe it’s legal but…

Applying the Fair Use test:Applying the Fair Use test:Purpose? Yes, you’re critiquing the Purpose? Yes, you’re critiquing the movie.movie.But who owns the visual you want to But who owns the visual you want to use? use?

What if it’s the movie studio?What if it’s the movie studio?What if it’s IMDB?What if it’s IMDB?What it it’s a news site?What it it’s a news site?

Check the “Terms of Use” You may access and display Material and all other content You may access and display Material and all other content displayed on this Site displayed on this Site for non-commercial, personal, for non-commercial, personal, entertainment useentertainment use on a on a single computer onlysingle computer only. The Material and . The Material and all other content on this Site may all other content on this Site may not otherwisenot otherwise be copied, be copied, reproduced, reproduced, republished, uploadedrepublished, uploaded, posted, transmitted, , posted, transmitted, distributed or used in any way unless distributed or used in any way unless specifically authorized by specifically authorized by Warner Bros.Warner Bros. Online. Any authorization to copy Material granted Online. Any authorization to copy Material granted by Warner Bros. Online in any part of this Site for any reason is by Warner Bros. Online in any part of this Site for any reason is restricted to restricted to making a single copymaking a single copy for non-commercial, personal, for non-commercial, personal, entertainment use on a single computer only, and is subject to entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. your keeping intact all copyright and other proprietary notices. Using any Material on any other web siteUsing any Material on any other web site or networked computer or networked computer environment environment is prohibited. is prohibited.

What does that mean for What does that mean for your publication?your publication?

DON’T download from news sites Get permission to use copyrighted works Use government sites Subscribe to a service ASNE/MCT Campus High School Newspaper Service <http://highschooljournalism.org>

Take your OWN photos if possible

Materials in this Materials in this presentation came from:presentation came from:

The Student Press Law Center -- The Student Press Law Center -- www.splc.orgASNE High School Journalism ProjectASNE High School Journalism Project

Highschooljournalism.orgUnited States Copyright OfficeUnited States Copyright Office

www.copyright.govThe White House & FEMAThe White House & FEMA

www.whitehouse.gov, www.fema.gov