What You Should Know About Copyright
The following FAQ can help you understand copyright laws and how they apply to content used with the DLHD, MMS100,
Axon HD, Axon HD Pro, Axon, and DL3 media servers.
By Suzy Vaughan Associates for High End Systems.
I want to use a film clip from “When Harry Met Sally” in a promotional piece advertising my services. What do I
have to do to be able to do that?
First of all, you need to obtain permission to use the clip from its owners. The clip is considered intellectual property, just
as though it were your car or some software code developed by and belonging to Microsoft. This is because the U.S.
Copyright Act gave creators of literary works (which include books, films, television programs, art works, still photos and
musical compositions and recordings) the right to sell or license these works and to make money from them for the period
of the copyright.
But what about public domain material? I heard that lots of material is in the public domain and can be used for
free.
Once the copyright runs out, the creative work falls into the public domain and can be used freely by anyone without
payment or licensing. If the work is not public domain, it is considered literary property. The Copyright Act provides
substantial penalties for copyright infringement ranging from $10,000 for accidental infringement to $250,000 for willful
infringement. However, contrary to popular belief, there really is not that much material in the public domain so this
approach will limit you creatively.
What if I want to use a clip in a public performance? It's not being filmed or taped. Surely I don't need permission
for that?
Public gatherings require clearance whenever copyrighted data is projected to audiences, or for any use other than just
personal viewing. Concerts, trade shows, industrial shows, parties and raves are all examples of public performance and
permission must be obtained.
Suppose I want to use a still photo or a magazine cover or a television clip? Do I have to obtain permission for
them too?
Yes, they are also copyrighted works, whose owners must grant a license for their usage.
Do I need any other permissions to use this material?
In many cases you do. You may need to obtain permission to use the appearance of actors who appear in the clip as well
as pay the writers and directors of the film that your clip comes from.
What about music? I hear you can use 8 bars for free.
8 bars for free is a fallacy that has been passed around as a fact for a long period of time. However, it isn't true. Both
musical compositions and records require licensing and payment.
What about High End Systems material included with Axon HD, Axon HD Pro, DLHD, MMS100, Axon and DL.2
media servers? Do I have to clear that?
No. High End Systems has worked to provide clearance for the content that is provided. Any materials you received
directly from HES with the purchase of a new media server have already been properly licensed for your use in shows
and presentations. That does not, however, license you to sell this content separately from High End Systems media
servers. Also, please be sure that any new content you obtain from outside sources is properly cleared for public
presentation.
This sounds really difficult and I don't know how to do it? What do I do to properly license copyrighted material?
You need to consult with a Content Clearing House or with a properly licensed Intellectual Property Attorney. Content
clearinghouses are typically less expensive to work with and have well established industry relations that can result in cost
savings. High End Systems uses and highly recommends Suzy Vaughan Associates. Suzy Vaughan Associates has 20
years of experience in clearing clips, talent, and music for use in any number of venues. Their clients include Barbara
Streisand, Michael Jackson, and The Emmys among other shows.
You can obtain more information about Suzy Vaughan Associates' services by calling 818-988-5599 or emailing
info@suzyvaughan.com. Their website is www.suzyvaughan.com. Suzy Vaughan is also an attorney specializing in
intellectual property issues.
How much does it typically cost to license copyrighted material?
To Next Page
Loading...
