Com Arts 155 1st Edition Lecture 3Outline of Last Lecture I. 5 Principles of Good CompositionII. Effective Graphic DesignIII. Golombisky and Hagen’s 3 Building BlocksIV. Design ExamplesV. Type TermsVI. PhotoshopVII. TV Poster AssignmentVIII. HelveticaOutline of Current Lecture I. Copy Right and BalanceII. Public DomainIII. Fair UseCurrent Lecture Copy Right and Balance Balance There should be balance with copy right. Artists need the protection of copyright, but also need the ability to quote from other sources and build off of other existing genres.  There is balance between the needs of individual creators and society at large. We want people to create work, and for that to happen we have to incentivize that kind of creation. We do it because it benefits all of us as a society.  Idea Written in Constitution The basis of all of our copyright laws are found in a passage of our constitution  Important Ideas from Passage:- Promote the progress of science and useful arts- It’s to benefit all of us- Authors and inventors get the exclusive right- Copyright is a form of monopoly. - Limited time- We want to give the creators enough control to make some money and therefore feel motivated to do more, but can’t own forever.  Ways to maintain BalanceThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Limitations on the duration of copyright protection Special exemptions (these include for educators, librarians, public broadcasting, the blind, and other special cases). Fair Use Ideas cannot be copyrighted- It’s easy to come up with idea, but you need to actually create the work; it needs a fixed form Law of Ideas You cannot copyright an idea You can only copyright certain fixed expressions of ideas Desny v. Wilder (1956) permitted use of contract theory in idea disputes in state of California- An actor named Desny pitched to a director’s (Wilder) secretary an idea for a movie. Desny told the secretary that if Wilder uses his idea, he wants to be compensated. Two years later a movie came out that resembled Desny’s pitch. He couldn’t sue under copyright law, because he was just telling the secretary an idea over the phone; however, he could sue with the contract law Copyright Duration in U.S. (Years)- Dramatic expansion in duration of copyright laws; this throws off the balance.- If the whole point is to incentivize new people, what good does it do to continue protection? It went from limited duration of monopoly to almost perpetual monopoly Up until 1976: To copyright something, you had to opt in. If you did that; you got a 28 year copyright. After that, you could apply for extension. Most owners never evenapplied for that extension After 1976: Copyright became automatic; it changed from opt in to opt out. Copyright duration switched from 28 years to 75 years. Late 90s: Sunny Bono Copyright act, tacked on more years. This was added retroactively to works. Public Domain Take Nothing for Granted Some movies such as King Kong are still under copyright, but the magazines that cover the movies are public domain; plenty of independent films are in the public domain. Mediahistoryproject Project that scans in older magazines; they’re all in the public domain. They’re old, but usable Pride and Prejudice Pride and Prejudice is in the public domain, and there has been many great adaptations of it. Fair Use Definition: Circumstance in which it’s ok to use copyrighted material without permission or payment  Four Factors- None are all important  Nature of the new work Nature of the original work- How much transformation? Amount of material taken Effect on the market Fair Use Case: 2 Live Crew: Pretty Woman Campbell v. Acuff-Rose (1994) Interesting case because 2 Live Crew made a lot of money off of this. They sampled somebody else’s song and profited off of it. It was ok, because it was a parody. They took form the source material to comment on some element or deficiency issue withit. “Fair use is the right to hire a lawyer”-Lawrence Lessig, 2004 Realistically, how many people want to pay the money to go to court and defend their work? Sometimes people avoid it to avoid the potential hassle.  Center for Social Media emphasizes two questions:- If you can follow these practices, there is less cease and desist letters. Condense the 4 factors into 2 questions. Did the unlicensed use “transform” the copyrighted material by using it for a different purpose? Was the amount and nature of material taken appropriate? Examples from Startup.com- Documentary about first internet boom. Each clip from movie uses copyrighted material. Use of CNN Financial:- They tried to make a point by using the cut; it functioned as juxtaposition.- This is a transformative use: It’s a juxtaposition/contrast.  Montage: Use of magazines- It’s fair use because they were used to make a point and their amount of time in the film was fair.- The music in the montage was not fair use because it wasn’t transformative. Music is harder to have a strong fair use claim. Guy turns up Song in Car- It wasn’t fair use; she had to license the music.- Sometimes you want to use it in a way that isn’t fair use. Whenever possible you should: Attribute where the clip came from (either on screen or in credits) Try to make material from a range of sources, not just one source Make sure you’re only using as much as necessary. Common Fair Use Myths If I’m not making money off it, it’s fair use If I AM making money off it (or trying to), it’s NOT fair use Fair use can’t be entertaining If I try to license material, I’ve given up my chance to claim fair use Fair Use and Music: It’s Tricky Music usually isn’t critical to the main idea; it can be tricky Alternative approaches to copyright Creative Commons Digital Millennium Copyright Act (1998) Prohibits circumvention of technological barriers to ripping and copying Limits liability of ISPs and aggregators if they comply with take-down requests- This keeps Youtube from being liable; they just have to take it down in a timely