Ashley Pence
September 26, 2007
Copyright and fair use (2005). Retrieved September 26, 2007, from http://fairuse.stanford.edu/
Harper, G. K. (2001). Crash course in copyright. Retrieved September 26, 2007, from http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm
TAP: The topic of this article is copyright laws and fair use policies concerning copyrighted material. This article is for no particluar audience, but should include those who are interested in using others work without infringing upon the copyright laws. This article explains how to avoid copyright infringement by correctly and leagally using someone else’s material.
Claim: Someone owns just about everything, in other words it is copyrighted. Fair use lets you use their things, however not as much as we’d like to. There are cases when you have to ask for permission directly from the owner and this can be aggrevating at times. The thing to remember is that one day you may also be the owner of a work that someone else wants to use. (2001)
Evidence: Copyright protects works such as poetry, movies, CD-ROMs, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural designs. (2005) A copyright would seemingly last forever, but there are rules and guidelines as to how long something is protected. As of 1977 and after a copyright lasts as long as the author is living and 70 years after that. Surprisingly if something is published and the author is anonymous or uses a pseudonym then the copright lasts between 95 to 120 years based on when it was published. (2005) There are multiple dates that alter the length that something is copyrighted.
In order to use a published work without permission the work must be in the public domain. In most cases it is in public domain because the copyright has ran out. The date of publication is the key factor in determining if something is in the public domain. If you are uncertain the copyright office can check to see if a work is in the public domain for the low, low cost of $20 per hour. New laws have been made concerning copyright laws and things such as playing a musicians work of art in restaurants fall under these new laws. The following is an excerpt from the Stanford Copyright and Fair Use article that will give you insight on just how specific and confusing these laws can be. You will see that it could be very easy to get tangled in a lawsuit due to laws such as these.
“Under new rules which are tacked on to the term extension law described above, restaurants and bars under 3,750 square feet or retail establishments under 2,000 square feet who play the radio or television in their establishments won’t have to pay fees. Regardless of size, all restaurants, bars and stores will be exempt from paying fees if they have no more than six external speakers (but not more than four per room) or four televisions measuring 55 inches or less (but not more than one per room). These rules only apply for establishments that play radio and television. Establishments that play pre-recorded music such as compact discs will still be subject to licenses. Some legal experts have argued that the small business exemption may violate international treaties and a court challenge to the licensing exemption is expected. “ (2005) All I can say is, wow!
Connections: As a student who frequently uses media as a source of information I am now afraid of how in depth some of the copyright laws are. Is it possible that every individual can ask follow rules such as these and not infringe upon them in some way? However these laws are made to protect and support the original owner and for good reasons. It just makes everyone aware of how careful they need to be, otherwise they may end up in a lawsuit.
This text is just a reminder of all the warnings and rules that have been laid out before me as a student that guides us in protecting ourselves and the owners from copyright infringement. As a future professional who will be performing research it will be necessary to be aware of laws such as these to look out for everyone’s best interest.