ORCTV ETV Copyright

Definition

(a) Copyright protection subsists, in accordance with this title, in original works

of authorship fixed in any tangible medium of expression, now known or later

developed, from which they can be perceived, reproduced, or otherwise communicated,

either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;

(2) musical works, including any accompanying words;

(3) dramatic works, including any accompanying music;

(4) pantomimes and choreographic works;

(5) pictorial, graphic, and sculptural works;

(6) motion pictures and other audiovisual works;

(7) sound recordings; and

(8) architectural works.

(b) In no case does copyright protection for an original work of authorship

extend to any idea, procedure, process, system, method of operation, concept,

principle, or discovery, regardless of the

Usage

Using copyrighted material in any video is a violation of copyright law. This includes airing something on cable access. The two big issues are 1) making money from an artist's work; they loose out on that money and 2) substantially changing the intent or form of the piece.

Even if you are not making money from the video you pare making its still a violation. The differences are the damages awarded in court.

Fair Use

Small portions of copyrighted material are able to be used for purposes of commentary and critiquing.

Four factors can affect a judge's view of what is fair use.

-Purpose of use- have you changed the material with different meaning or expression.

-Was value added- insight, information, facts, understanding

-The amount you use and the significance of that amount- did you use the "most known part of the piece

-The potential affect on the material's future market value- have you affected the future marketability of the material with your use- depriving the copyright owner of such value

Public Domain

When materials get old enough they fall into public domain where anyone can use them without violating copyright.. This includes any work published in the United States before 1922. Another large block of works are in the public domain because they were published before 1964 and copyright was not renewed.

Helpful websites:

Music www.pdinfo.com.

Movies www.openflix.com

www.freeplay.com

ORCTV CD library

At OCTV we have a CD library that you can check out. This is a library we have paid copyright privileges for. It's a wide range of background music sports, rock, slow, country etc.

Musicals/Plays

Straight Plays -(non musicals) some can be videotaped and put on access. Read and know the license agreement. Violators can be fined, sued and blacklisted by companies that own the play/music. Entire school systems can be fined, sued and blacklisted. Musicals CANNOT be videotaped. Some allow you to tape for archiving purposes only. Below are some excerpts from a license agreement for High School play.

License Excerpts:

You may not add new music, dialogue, lyrics or anything to the text

You may not delete whole or part of any kind

You may not make changes of any kind

You may not make copies of the material provided or physically alter, amend or change

The license does NOT allow you to make and/or distribute a mechanical recording (rehearsal or performance) and/or archive of the play or any portion by means whatsoever including but not limited to: audio cassette, videotape, film and digital sequence.

This license does NOT allow you to broadcast, televise and/or electronically post on the Internet any part of the Play audio or video

The play material cannot be used for any purpose other than as stated in the license and that you and/or anyone connected with your organization may not copy, reproduce, sell or otherwise distribute such materials.

If you chose to contact a publisher for permission to replay a musical there are several companies.

Samuel French (http://samuelfrench.com/store )

Tams-Witmark (http://www.tams-witmark.com )

MTI (http://www.mtishows.com/index.asp ) Music Theater International

Rodgers & Hammerstein Theatre Library (http://www.rnh.com/theatre/index.html