9.2 Copyright law and its application to media content
4 min read•august 16, 2024
Copyright law is the backbone of creative industries, protecting original works and incentivizing innovation. It grants creators exclusive rights to their content, from books to music to software. But it's not just about locking things down – and other exceptions balance protection with public interest.
In the digital age, copyright faces new challenges. Streaming, social media, and user-generated content blur traditional lines. The DMCA tries to address these issues, but debates rage on about how to best protect creators while fostering innovation and access in our interconnected world.
Copyright Law in Media
Key Provisions of Copyright Law
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- Copyright law grants exclusive rights to creators of original works
- Includes right to reproduce, distribute, perform, display, and create
- Protects various forms of media content (literary works, musical compositions, dramatic works, audiovisual productions, computer software)
- Duration of copyright protection in the United States extends to life of the author plus 70 years for works created after 1978
- Copyright protection activates automatically upon creation and fixation of a work in a tangible form
- Registration with U.S. Copyright Office provides additional benefits (ability to sue for infringement, )
- (DMCA) addresses copyright issues in the digital age
- Includes provisions for online service provider liability
- Establishes anti-circumvention measures for digital rights management technologies
- International copyright agreements provide framework for global copyright protection
- standardizes copyright protection across member countries
- WIPO Copyright Treaty addresses challenges of digital technologies and the internet
Copyright in the Digital Age
- DMCA safe harbor provisions limit liability of online service providers for user-generated content
- Notice and takedown procedures allow copyright owners to request removal of infringing content
- Anti-circumvention provisions prohibit bypassing technological measures that control access to copyrighted works
- Streaming and digital distribution have created new challenges for copyright enforcement
- Geoblocking and territorial restrictions
- Peer-to-peer file sharing and torrent sites
- Social media platforms have implemented content ID systems to detect and manage copyrighted material
- YouTube's Content ID system (automatically identifies and manages copyrighted content)
- Facebook's Rights Manager tool (helps copyright owners protect and manage their content)
Copyright vs Trademarks vs Patents
Distinguishing Intellectual Property Types
- Copyright protects original creative works for a limited time
- Books, music, films, software
- Grants exclusive rights to reproduce, distribute, and create derivative works
- Trademarks safeguard distinctive signs used to identify goods or services
- Logos (Nike swoosh), brand names (Coca-Cola), slogans ("Just Do It")
- Can last indefinitely with proper maintenance and continued use
- Patents protect inventions and technological innovations
- Grants exclusive rights to inventor in exchange for public disclosure
- Limited term (generally 20 years from filing date in the US)
Application in Media Industries
- Copyright in media focuses on content protection
- Screenplay for a film
- Lyrics and melody of a song
- Trademarks in media protect branding and identity
- Network logos (NBC peacock)
- Character names and likenesses (Mickey Mouse)
- Patents in media relate to technological innovations
- Video compression algorithms (MPEG)
- Streaming technologies (adaptive bitrate streaming)
- Overlapping protections often apply to media products
- Video game protected by copyright (code, artwork, music), trademarks (title, logo), and patents (game mechanics)
- Smartphone protected by design patents (appearance), utility patents (functionality), trademarks (brand name), and copyrights (software)
Applying Copyright to Media
Literary and Musical Works
- Literary works receive copyright protection upon creation
- Books, articles, scripts, blog posts
- Protection extends to the specific expression, not underlying ideas or facts
- Musical compositions have separate copyright from sound recordings
- Composition copyright covers melody, harmony, and lyrics
- Sound recording copyright protects specific recorded performance
- Digital publishing introduces new copyright considerations
- E-book lending and resale rights
- Self-publishing platforms and rights management
Audiovisual and Digital Media
- Audiovisual works involve multiple copyrightable elements
- Films, TV shows, video games
- Separate copyrights for visual content, music, and scripts
- Digital media copyright challenges
- Website content (text, images, videos)
- Social media posts and user-generated content
- Online articles and digital journalism
- Photographs and visual artworks copyright considerations
- Originality requirements for copyright protection
- Fair use in reporting and criticism (news photographs)
- Software and computer code protected as literary works
- Source code and object code both covered
- Open-source licensing and copyright implications
Copyright Limitations and Exceptions
Fair Use Doctrine
- Fair use allows limited use of copyrighted material without permission
- Purposes include criticism, commentary, news reporting, teaching, scholarship, research
- Four factors considered in fair use analysis
- Purpose and character of use (commercial vs. non-profit educational)
- Nature of the copyrighted work (factual vs. creative)
- Amount and substantiality of the portion used
- Effect on the potential market for the original work
- Examples of fair use in media
- Movie review using short clips (criticism)
- News broadcast showing copyrighted footage (news reporting)
- Parody song lyrics (transformative use)
Public Domain and Other Exceptions
- works free from copyright protection
- Works with expired copyrights (Shakespeare's plays)
- Works dedicated to public domain by creators (some licenses)
- First sale doctrine limits control over physical copies after initial sale
- Allows resale of books, CDs, and other copyrighted items
- Does not apply to digital copies in many jurisdictions
- Compulsory licenses permit certain uses without explicit permission
- Cover songs in music industry
- Cable retransmission of broadcast television
- Copyright exceptions for libraries and archives
- Limited reproduction for preservation and replacement
- Copying for research and private study
- Idea-expression dichotomy limits scope of copyright protection
- Protects specific expression, not underlying ideas or facts
- Allows multiple works on same topic or theme (vampire romance novels)
Key Terms to Review (18)
Berne Convention: The Berne Convention is an international agreement that protects the rights of authors and creators by establishing minimum standards for copyright protection across member countries. It aims to ensure that works are protected without requiring formal registration and facilitates the cross-border flow of creative works, making it essential in the context of global media interactions.
Campbell v. Acuff-Rose Music: Campbell v. Acuff-Rose Music is a landmark Supreme Court case from 1994 that addressed the issue of fair use in copyright law, specifically regarding the transformative use of a copyrighted work. The court ruled in favor of Campbell, affirming that parody can be considered fair use even if it is used for commercial purposes, thus emphasizing the importance of context and purpose in determining fair use in media content.
Cease and desist: A cease and desist is a legal order or request to stop an activity that is believed to be infringing on rights, typically in the context of copyright violations. It serves as a formal notice that someone is using copyrighted material without permission and demands that they stop that use immediately. This mechanism is essential in the enforcement of copyright laws, providing copyright holders with a means to protect their intellectual property from unauthorized use.
Copyright Act of 1976: The Copyright Act of 1976 is a pivotal piece of legislation in the United States that established the modern framework for copyright law, protecting original works of authorship, including literary, musical, and artistic creations. This act brought significant changes to the duration and scope of copyright protection, reflecting the importance of intellectual property rights in fostering creativity and innovation in various media industries.
Copyright infringement: Copyright infringement occurs when someone uses, reproduces, or distributes a copyrighted work without permission from the copyright owner. This can include things like copying music, movies, or written content without proper authorization, leading to legal consequences for the infringer. Understanding copyright infringement is crucial in the media landscape, as it helps protect the rights of creators and ensures that original works are respected and compensated.
Creative Commons: Creative Commons is a nonprofit organization that provides free, easy-to-use copyright licenses that allow creators to share their work legally while retaining certain rights. This system promotes the sharing and reuse of creative content, making it easier for individuals and organizations to access and use media without infringing on intellectual property rights. By offering a variety of licenses, Creative Commons enables creators to choose how their works can be used, fostering collaboration and innovation in the media landscape.
Derivative works: Derivative works are new creations that are based on one or more existing works, which have been altered or transformed in some way. This includes adaptations, modifications, or enhancements that give the original work a new character or expression. Understanding derivative works is essential because they play a significant role in copyright law, especially when it comes to the rights of original creators versus those who create adaptations.
Digital Millennium Copyright Act: The Digital Millennium Copyright Act (DMCA) is a U.S. law enacted in 1998 that aims to protect copyright holders in the digital environment by criminalizing the unauthorized use and distribution of copyrighted material online. The DMCA addresses issues related to the internet, including the responsibilities of online service providers and the limitations of liability for copyright infringement, ensuring that content creators have their rights upheld in the rapidly evolving digital landscape.
Downloadable content: Downloadable content (DLC) refers to additional content that can be downloaded from the internet and added to an existing media product, such as video games, music, or software. This content typically enhances the original experience by offering new features, levels, characters, or songs. As digital distribution becomes more prominent, downloadable content plays a significant role in disintermediation by allowing creators to reach consumers directly and also raises important questions regarding copyright law and the ownership of digital works.
Fair use: Fair use is a legal doctrine that allows limited use of copyrighted material without needing permission from the copyright holder. It balances the interests of creators and the public by permitting certain uses, such as criticism, comment, news reporting, teaching, scholarship, or research, which can foster creativity and free expression while also protecting intellectual property rights.
Feist Publications v. Rural Telephone Service: Feist Publications v. Rural Telephone Service is a landmark Supreme Court case from 1991 that addressed copyright law and the concept of originality in the context of factual compilations. The case centered on whether a phone directory could be copyrighted, leading to a significant ruling that established that mere compilation of facts does not warrant copyright protection unless there is an original arrangement or selection involved. This decision reinforced the limitations of copyright in relation to facts and data, impacting how media content can be protected under copyright law.
Intellectual property: Intellectual property refers to the legal rights that protect creations of the mind, including inventions, artistic works, designs, symbols, and names used in commerce. These rights are essential in ensuring that creators can control and benefit from their work, promoting innovation and creativity in various fields such as literature, music, technology, and media. Understanding intellectual property is crucial for navigating the legal landscape of copyright law, as it directly affects how media content is produced, shared, and consumed.
Licensing: Licensing is the legal process through which the owner of a copyright, trademark, or patent grants permission to another party to use their intellectual property under specific conditions. This practice is crucial in various industries, particularly in media, as it enables creators to monetize their works while protecting their rights. Licensing can involve fees, royalties, and other terms that govern how the content can be used, ensuring both parties benefit from the arrangement.
Public domain: Public domain refers to creative works that are not protected by copyright law, meaning they are free for anyone to use, modify, and distribute without seeking permission or paying royalties. This status allows for greater access to knowledge and culture, as it includes works whose copyrights have expired or were never eligible for copyright protection.
Royalties: Royalties are payments made to creators or owners of intellectual property for the use of their work, typically calculated as a percentage of revenue generated from that work. They are essential in ensuring that creators receive fair compensation for their contributions, promoting creativity and innovation in media industries. By granting exclusive rights to use, reproduce, or distribute intellectual property, royalties serve as a financial incentive for artists, writers, and other content creators.
Statutory damages: Statutory damages are a form of monetary compensation that a copyright holder can receive when their work is infringed, without the need to prove actual damages or losses. This legal provision allows courts to award a predetermined amount of damages for each instance of copyright infringement, which can range significantly depending on the nature of the violation and whether it was willful. Statutory damages serve to deter infringement and simplify the legal process for copyright holders seeking remedies for unauthorized use of their works.
Streaming rights: Streaming rights refer to the legal permissions granted to individuals or companies to stream, distribute, or display media content over the internet. These rights are essential for various platforms that host video, music, or other digital media, as they ensure that the creators and owners of the content are compensated for its use. Understanding streaming rights is crucial in navigating the landscape of copyright law as it impacts licensing agreements and how media is consumed in the digital age.
TRIPS Agreement: The TRIPS Agreement, or Trade-Related Aspects of Intellectual Property Rights, is a global legal framework that sets minimum standards for the protection of intellectual property rights among World Trade Organization (WTO) member countries. It plays a crucial role in the context of copyright law as it establishes the obligations that member states must adhere to regarding the protection and enforcement of various forms of intellectual property, including copyrights, trademarks, and patents, significantly impacting media content and its legal distribution.