presentation-the copyright law for visual materials (by zhang, xiaowen; ma, yuliang; ma, yuan)

8/14/2019 Presentation-The Copyright Law for Visual Materials (by Zhang, Xiaowen; Ma, Yuliang; Ma, Yuan)

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The Copyright Law

for Visual Materials


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January 1, 1978 To protect visual ar sts expressions against

infringement or unauthorized use by others.

Introduc on


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VCR Categoriesnot exhaus ve, but illustra ve only

Literary works; Musical works, including any accompanying words; Drama c works, including any accompanying music; Pantomimes and choreographic works;

Pictorial, graphic, and sculptural works; Mo on pictures and other audiovisual works; Sound recordings; Architectural works


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Two requirements

the work must be ORIGINAL the work must be FIXEDin "any tangible

medium of expression. "


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Ideas Cannot Be Protected by Copyright

only the ar st's par cular expression of his orher ideas which may be protected.

it is permissible under the copyright laws forsomeone to express the same ideas to others.


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Bizarre and original theme


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The Rights of The Copyright Holder

To reproduce the copyrighted work in copies; To prepare deriva ve works based upon the

copyrighted work; To distribute copies of the copyrighted work to

the public; To perform the copyrighted work publicly; To display the copyrighted work publicly.


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Excep ons

The owner can "sell or otherwise dispose of "that copy, but cannot broadcast an image of the copy to be viewed at other loca ons other

than the loca on of the copy. fair use : noncommercial purposes

many excep ons educa onal use the striking similarity (example)


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Copyright No ce

the symbol , or the word"Copyright", or the abbrevia on "Copr.";

the year of rst publica on of the work; the name of the owner of copyright in the

work.


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For example

An appropriate mark for Arty Author who published his work in 1996would be

1996 Arty Author

Copyright 1996 Arty AuthorCopr. 1996 Arty Author


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Copyright Registra on

(1) An applica on form (VA;TX;PA;SR;RE);(2) The registra on fee (currently $30);(3) Two complete copies of the work (one copy in the

case of an unpublished work or in the case of apublished pictorial or graphic work in which anindividual owns the copyright)

(4) Other details go to

h2p://www.copyright.gov


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COPYRIGHT OWNERSHIP AND TRANSFER


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Copyright Ownership Ini al ownership of a copyrightable work vests

automa cally with the " author " of the work.

Several authors intend a collabora ve effort whencrea ng a joint work: the work belongs to each coauthor in equal percentages.

Each coauthor/coowner of the copyright has an equalright to exploit the work, with or without the consent

of the other coowners, subject to sharing the protswith other coowners according to his or herownership interest


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Two Excep ons Author is an employee, hired to author such

works.

In this situa on, the work is called a " work made for hire " and the ini al ownership vests in theemployer.

Specially commissioned works, such ascontribu ons made to a book, anthologies,encyclopedias, periodicals or other collec veworks, may be treated as " works made for hire ".


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However, difficult to judge and predict

The dis nc ons between works which areconsidered those made for hire or those madeby special commission are becoming blurred.

A wri en agreement is needed and suggestedto determine who have the ownership of the

copyright in a work.


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The Transfer of Copyright Ownership:

The author may freely transfer ownership of all theexclusive rights in the work to another party, or,alterna vely, he may elect to hold back some of theserights.

The author or any owner may transfer any of the exclusiverights by contract, assignment or by will.

Any method of conveyance is permi ed, provided it is(1) in wri ng(2) signed by the owner of the exclusive right conveyed, orthe owner's authorized agent.


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Absent an agreement to the contrary, thetransfer of the material object, i.e., thetangible work of art, does not convey anyrights in the copyright.


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Sample forms for the sale of a work of art

Contract for an Exhibi on Loan Permission Form for Use of Copyright material

in a Book

Permission Form for Use of Copyright Materialin Photographer's Book, Product, or Other Release Form for Models Property Release Form (for use when loaning

works of art for display)


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SUMMARY & COMMONLY ASKEDQUESTIONS


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Most original works of art qualify for copyrightprotec on. Copyright protec on is automa c from the moment

the work is xed in a tangible form. Providing copyright no ce on the work eliminates any

defense of innocent infringement which an infringermight otherwise have had, thus increasing the amountof monetary compensa on the owner may obtain fromthe infringer.

Registra on of the copyrighted work is not necessary,but it is advantageous.


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Can a cartoon character be protectedby copyright?


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Can a cartoon character be protectedby copyright?

Yes!For example, a two dimensional image of the copyrighted

cartoon character is protected from copying into any othermedium, whether it be by photograph, photocopy, sculpture,or scanning onto a computer screen.


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Who owns the copyright when a freelance arPst is commissioned to create

the work?


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Who owns the copyright when a freelance arPst is commissioned to create

the work?

Depends on whether the freelance ar st hasentered into a wri en agreement assigning hiscopyright to the commissioning party.


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Are engineering drawings protectedby copyright?


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Are engineering drawings protectedby copyright?

Yes! Technical drawings are protected by copyright

as a " pictorial, graphic, and sculpural work. " Itis not necessary that the subject ma erprotected by copyright cons tute what isnormally thought of as "art."


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May a publisher buy a painPng from anarPst and publish an altered version of it

without the arPst's permission?


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Is permission required from the copyrightowner before copying old movie sPlls and

distribuPng these sPlls to the public?


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Is permission required from the copyrightowner before copying old movie sPlls and

distribuPng these sPlls to the public? This depends on whether the copyright in the

old movie is s ll in force. If it is, permission is required. If not, then

anyone is free to copy and distribute the s lls.


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How do you determine if a work isprotected by copyright?

Dura on of copyright:h p://www.uspaten nfo.com/copyright.html#appc

Digital Copyright Slider:h p://www.librarycopyright.net/digitalslider/


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Although copyright protec on is automa c, full

benet of the rights and remedies providedunder the copyright laws are available only to

those who place the proper no ce of copyright on their work and to those who

register their copyright within three monthsa er rst publica on.


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Thank you!

presentation-the copyright law for visual materials (by zhang, xiaowen; ma, yuliang; ma, yuan)

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