UNT RTVF 1310 - Chapter 10B - In Class Lecture - Outline 2014 (9 pages)

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Chapter 10B - In Class Lecture - Outline 2014



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Chapter 10B - In Class Lecture - Outline 2014

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Pages:
9
School:
University of North Texas
Course:
Rtvf 1310 - Persp on Brdcst Tech
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Copyright Key Points Concerning Copyright COPYRIGHTABLE WORKS musical compositions broadcast programs works of art movies computer programs NOT COPYRIGHTABLE titles slogans brand names news events ideas Some Definitions cop y right noun Abbr The legal right granted to an author a composer a playwright a publisher or a distributor to exclusive publication production sale or distribution of a literary musical dramatic or artistic work trade mark noun Abbr TM A name symbol or other device identifying a product officially registered and legally restricted to the use of the owner or manufacturer pat ent noun Abbr A grant made by a government that confers upon the creator of an invention the sole right to make use and sell that invention for a set period of time b Letters patent c An invention protected by such a grant Music Licensing Layers of Copyright Performance Rights Composers ASCAP BMI SESAC Blanket Per Use Synchronization Rights Mechanical Rights Master Recording Rights May be acquired directly from composer and publisher recording label Harry Fox Agency Copyright Clearinghouse Inc Related to underlying musical composition Related to a specific recorded version of a composition OR Fair Use Provisions of Copyright Law limited use of copyrighted works for certain creative critical or educational purposes without payment or permission Section 107 sets out four factors to be considered in determining whether or not a particular use is fair the purpose and character of the use including whether such use is of commercial nature or is for nonprofit educational purposes the nature of the copyrighted work amount and substantiality of the portion used in relation to the copyrighted work as a whole and the effect of the use upon the potential market for or value of the copyrighted work What is the purpose and character of the use Nonprofit Educational Personal Journalism Parody Critique or comment Commercial What is the nature of the work Fact based Fictional vs Non fictional Published Unpublished creative works How much of the work will be used Small amount More than a small amount legally recognizable appropriation The effect of the use upon the potential market for or value of the copyrighted work First three factors lean toward fair use Out of print or otherwise unavailable Copyright owner is unidentifiable Takes away from marketability of original Length of Copyright General Notes U S Works created on or after January 1 1978 Lifetime of composer or creator plus 70 years Works for hire the shorter of 95 years from first publication or 120 years from the date of creation Works published prior to 1923 public domain Length of Copyright General Notes U S Works published after 1922 but before 1978 protected for 95 years from the date of publication Works published between 1923 and 1963 must have had copyright renewed If the author failed to renew the copyright the work has fallen into the public domain and you may use it Length of Copyright Complicating Issues for Public Domain All aspects of work may not be in public domain Updated or revised versions of original works may not be in public domain Works in public domain under U S copyright law not necessarily in public domain internationally Cost of Copyright Fees for copyrighted works in television shows often tied to ratings Commercial radio stations pay around 3 of their net revenue Small market stations educational stations pay a discounted rate as well How Are Copyright Rates for Broadcasters Determined Logging Review of cue sheets for syndicated shows Thumb print technologies Copyright and the Internet File sharing Demise of Napster Peer to peer services right of fair use vs recording industry Morpheus Grokster Kazaa Are there possible answers Servers cannot control the download No use of central servers virtually impossible to shut down Music industry suits against consumers recording companies hack into private computers no easy answers to problem 1998 Digital Millennium Copyright Act record companies and artists get an additional royalty when music is played on Internet radio per song basis ending many Web stations Music Licensing Layers of Copyright Digital Millennium Copyright Act Additional fees from streaming on air content Restricts music playlists Within a 3 hour period No more than four tracks total may be played by the same artist Of these four tracks a maximum of three can be played one after the other without interruption Of the three tracks played back to back no more than two can be from the same album Special issues for pre 1972 Music Administration of Copyright Law All functions handled by the Library of Congress Internet and Copyright Other Internet Copyright Issues Illustrated by This Obscenity Indecency and Profanity Obscenity Indecency and Profanity Section 1464 of U S Criminal Code provides for fines and prison penalties for anyone who uses obscene indecent or profane language on radiowaves Profanity Profane language has been defined by the courts as language which contains blasphemous statements or invokes divine condemnation such as irreverent use of by God or damn you The FCC s profanity analysis however does not reach these words because of the First Amendment implications Profanity defined for FCC purposes Denoting certain of those personally reviling epithets naturally tending to provoke violent resentment or denoting language so grossly offensive to members of the public who actually hear it as to amount to a nuisance Profane language for FCC purposes is limited to words that are sexual or excretory in nature or are derived from such terms Obscenity Current definition from Miller v California 1973 Three pronged test An average person applying contemporary community standards must find that the material as a whole appeals to prurient interests The material must describe in a patently offensive way sexual conduct specifically defined by applicable state law The material taken as a whole must lack serious literary artistic political or scientific value Indecency FCC v Pacifica 1973 George Carlin Filthy Words monologue Case resulted in official court sanction of the FCC indecency definition f ck sh t p ss c nt c cks ck r m th rf ck r t ts 1978 Pacifica decision affirmed by Supreme Court Pacifica also provided for channeling of indecent material to so called safe harbors Indecency Indecency The broadcasting of language that describes in terms patently offensive as measured by contemporary community


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