The Importance of Copyright Protection for Creative PeopleDec 06, 2021
I am always asked about how to protect format ideas, well frapa is a good start. I will leave that for another newsletter. I want to talk about copyright protection in using other sources of material for your blogs or videos. We all know copyright is whether you can use someone else's work without obtaining permission from the owner of the work. The answer depends on whether your use constitutes fair dealing or fair use under the Copyright Act and what type of work you are using. Other factors come into play, such as whether you are using it to create new materials or whether the original work has been modified in any way by you. This article will attempt to shed some light on this issue and help you determine whether it is safe to go ahead with your project or if you should be concerned about possible copyright infringement liability.
1) What Is Copyright?
When working on a creative project, copyright laws exist to protect your work. But what exactly is copyright, and how does it protect your work? This guide will help you understand more about copyrights and how they can protect your artistic creations.
this is from the uk government website website
Copyright protects your work and stops others from using it without your permission.
You get copyright protection automatically - you don't have to apply or pay a fee. There isn't a register of copyright works in the U.K.
You automatically get copyright protection when you create:
original literary, dramatic, musical and artistic work, including illustration and photography
original non-literary written work, such as software, web content and databases
sound and music recordings
film and television recordings
the layout of published editions of written, dramatic and musical works
You can mark your work with the copyright symbol (©), your name and the year of creation. Whether you mark the work or not doesn't affect the level of protection you have.
We also use the term intellectual property, which we mean when we say "I.P.". The keyword here is original. How do you prove the I.P. is original?
It is also a fact that four people are working on precisely the same ideas at any one time anywhere in the world. There are some 7.5b of us; coincidence becomes more likely with those numbers. The actual reason is a word I try not to use, the "zeitgeist". We all tend to be influenced by the same cultural trends and moods. So again, people have the same ideas at the same time. But more of this in the discussion of protecting I.P. around formats.
3) What Is Fair Use?
Fair use and fair dealing are legal terms that describe specific uses of copyrighted material that may be exempt from copyright law's restrictions. Fair use is a copyright doctrine in U.S. law that allows limited use of copyrighted material without acquiring permission from or paying royalties to, but only under specific circumstances. In other words, fair use gives authors and artists freedom to borrow from others' work—but not freedom to copy an entire work wholesale. In the U.K., this is called Fair Dealing, and it all relates to pieces of work that comment criticise or are newsworthy. Items for personal use or, of course, education.
If you are reviewing games or T.V. shows, you should be able to use clips as it falls under fair use. But there is one proviso if the copyright owner loses revenue, so if you bash a film to the point where one person won't go and buy a ticket, that's not fair use.
4) Streaming and Copyright
A person on twitch can stream an entire game without any copyright problems when it comes to gaming. They are actually breaking the law; they earn revenue the images and music from the game are protected. Not surprisingly, given this is one giant advert no games producer has ever tried to prosecute. There is also a grey area around the definition of fixed." Moving pictures are still "fixed" because they are recorded and fixed to the tape. Any manipulation or change from the original breaks copyright law. So you can't take the new Starwars movie, edit your own promo and use it in your movie review. However, in a live stream, the images are legitimately being controlled by the player, so they are deemed "fixed" and therefore do not break copyright law. Even the music is being adapted by the players' actions and is therefore not fixed. Again it is not be tested in court, but there is a legal argument for recorded streams breaking the law; personally, I think these have been "fixed" by the player and are therefore free from copyright.
Seek Legal Advice
I am not a lawyer. If you have concerns, seek proper legal advice. I obviously have to know about these things because of my job, but I always refer to lawyers professionally. However, in my opinion, if I do a youtube review, I should be able to use the promo without permission. Youtube will probably think different, or rather their A.I. copyright robot will, so my advice, stick to links.
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Jonathan Glazier is a Visiting Lecturer at the University of Creative Arts
Television Executive and Multi-Camera Director
Public Speaker and Creative Coach
Content Creator of Digital Content and TV Formats.
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