COPYRIGHT : MUSIC, MASS

MEDIA AND THE ARTS

MUSIC COPYRIGHTS
Who is the owner?
When a song or piece of music is written, the person who
wrote it owns the copyright and therefore has the right to
decide how and when it should be played.
Fixed requirement
- requirement means that there is no protection for a
song that is only in your head.
-A song may be "fixed" by writing it down, recording it (even
on a handheld recorder), or saving it to a hard drive on a
computer.
-Once an original work is fixed in a tangible medium, the
creator has copyright protection automatically.

When does copyright begin?

In music, copyright begins automatically once
a piece of music is created then documented or
recorded, for example on video, tape or CD or simply
writing down the notation of a score.
What parts of the song are copyrighted?
The composition (including the music and any
lyrics) and recording are protected by copyright.

The Rights of the Copyright Owner:

The owner of a copyright has the exclusive rights to do the following:
1) Reproduce the Work
2) Distribute Copies of the Work
3) Perform Works Publicly
4) Make Derivative Works
5) Perform Copyrighted Sound Recordings by Means of a Digital Audio
Transmission:
6) Display the Work
No one can do any of the above without the permission or authorization
(usually given in a license) of the owner of the copyright

Current Issues of Copyright Infringement

Music Publishing
Music publishing is the business of exploiting
a song that is, finding uses for the song,
such as cover versions, film, TV and video
games, ringtones, greeting cards and even
karaoke machines.
There are four different areas of how to
make income: print, synchronization,
mechanical, and performance.

1. Is it illegal to download YouTube videos?:

Piracy and Copyright protection
-any content you do download from the web,
for which you do not own the copyright,
must be for your personal use only.
-You must not distribute or financially benefit
from that content. It must also come with the
express permission of the copyright owner.

2.

Few situations when downloading

YouTube videos will be illegal and
unacceptable.

Circumstance 1: in case you download a YouTube video that was

uploaded without the consent of its copyright holder.
(please continue) hehhehe ang haba e

3. Revival/cover of a song/music of a
copyrighted song/music
-When a song is covered and placed on
record without the copyright owner's
permission, or without the payment of a
compulsory license payment, the copyright
has usually been infringed.
-If youre looking to record your own version
of a song, youll need to secure a
mechanical license from the appropriate
music publisher.

3. Revival/cover of a song/music of a
copyrighted song/music
Effect: the court may order the seizure of
the offending articles and enjoin the losing
infringer from further unauthorized use,
under penalty of further fines or even jail
time

4. Is rewriting lyrics to the tune of a song a

copyright infringement?
-the more melodically similar two works are,
the more likely a court will determine that
the later created work infringes upon the
earlier.

5. Copyright issues when using music in videos

What are the problems?
1. Background music is not viewed as educational
use.
2. Posting a video to a network or public website
which incorporates copyrighted music for which
you do not have written permission to use is a
violation.
3. Legally purchased music is for personal and
home use.

5. Copyright issues when using music in videos

What are the solutions?
a) Make your students and staff aware of the potential
infringements.Most teachers and students use music in
their video and then publish or use in it in a public setting
while thinking theyve done nothing wrong. But, their lack
of knowledge about the laws doeWhat are the solutions?
b) Request permission. Its not a guarantee that youll get
the written permission you need, but go to the copyright
holder(s) or publishers of the music

6. Its just a wedding, it never goes on the

air, its just a few copies, so its legal,
right?
-Using music from any copyrighted source
is illegal without specific permissions.
Simply because its not aired does not
mean its legal.

7. I found a karaoke tape of Madonnas* song,

Youll See. I want to have my daughter
perform the song on a DVD for my company
Dont. First, the performed karaoke recording is
copyrighted. Second, the publishing rights of the
song will nail you for violation. Third, the sync
issue from both parties cans create a serious
mess. Besides, I hear Madonna is tough on
copyright violators and pirates

8. Musical Parody
Parody music, or musical parody, involves
changing or copying existing (usually well
known) musical ideas or lyrics, or copying the
peculiar style of a composer or artist, or even a
general style of music. Although the intention of
a musical parody may be humour (as in
burlesque), it is the re-use of music that is the
original defining feature.

9. Music Sampling

Sampling occurs when a portion of a prior

recording is incorporated into a new recording.
Usual sampling artists simply used portions of
other artists' recordings without permission, but
once music incorporating samples began to
make significant money, some sampled artists,
publishers, and record companies began to take
legal action, claiming copyright infringement.

Other Famous cases of Music Infringement

1.Bright Tunes Music v. Harrisongs
2.The Isley Brothers recorded a song.
3. The Case of Blurred Lines

Mass Media
The term mass media refers to the print medium of
communication, which includes all newspapers,
periodicals, magazines, journals, and publications and all
advertising therein, and billboards, neon signs and the
like, and the broadcast medium of communication, which
includes radio and television broadcasting in all their
aspects and all other cinematographic or radio
promotions and advertising.[ PD 1018, 1976] (Sec.1 PD
No. 1018, September 22, 1976) Also, in the advent of
recent technology, digital media is considered as a third
form of media, or more commonly known as the internet.
However, this topic will not be discussed here
extensively.

Copyrightable creations:
-News events cannot be copyrighted, but
stories or broadcasts that endeavor to
describe or explain these events can be
copyrighted. What is being protected is the
author's style or manner of presentation of
the news.
- In most cases copyrighted works are
protected for the life of the author or
creator plus 70 years. Different rules apply
for works made for hire.

SECTION 185. Fair Use of a Copyrighted

Work.
185.1. The fair use of a copyrighted work for
criticism,
comment,
news
reporting,
teaching including multiple copies for
classroom use, scholarship, research, and
similar purposes is not an infringement of
copyright.
Decompilation,
which
is
understood here to be the reproduction of
the code and translation of the forms of the
computer program to achieve the interoperability of an independently created
computer program with other programs may
also constitute fair use.

ARTS
Under the International Bureau of World Intellectual
Property Organization (WIPO) ,they have classified
generally the works enumerated under section 172 of the
code into seven, and in relation to arts these are the
following:
1.Artistic works
A.Two
dimensional
drawings,
paintings,etchings,lithographs, etc
B.Three- dimensional - sculpture and architectural
works
C.Irrespective of content - representational or abstract
D.Destinations -pure art, for advertisement, etc.
2.Maps and technical drawings; and
3.Photographic works.

WHATS ALLOWED AND WHATS

NOT?

1.The reproduction of an art closely similar

to the other for profit, without the consent
of the artist is a copyright infringement.

Piano No. 9 by Zheng li

Piano Coloratura by P.Robert

Source: http://www.ajc.com/news/business/roswell-painter-fights-alleged-copyrightinfringem/nS9B9/

In relation to the case, is the registration of

Zheng Lis art a requirement before he can
file a suit for copyright infringement?
No. Neither publication, nor registration with
the Copyright Office, is required to secure
copyright. Copyright Exists Automatically
Upon Creation

2.A Photograph used in a poster. FAIR USE

as a defense.
Fair use is an affirmative defense against
copyright infringement. A court may rule that
the person does not violate anothers exclusive
rights in their work granted by the Copyright Act
if the alleged infringer uses the work for
purposes such as criticism, comment, news
reporting, teaching (including multiple copies
for classroom use), scholarship, or research.

Garcia / AP Photo
Fairey
Source:https://www.google.com.ph/search?
q=fairey+v+mannie+garcia&biw=1137&bih=554&tbm=isch&imgil=tvln6aTbUE

HOPE poster by

Section 107 of the Copyright Act sets forth four factors that courts must
balance in order to evaluate whether a work would be considered fair use:
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.

Rogers v. Koons.[ Rogers v. Koons, 960 F.2d

301 (2d Cir. 1992]
Art Rogers was a photographer who took a photo
of a man and a woman holding an arm full of
puppies. The image was used on greeting cards,
postcards, and similar merchandise. Jeff Koons
found the image and had his assistants make
sculptures out of the image. He had them copy
the details.

Source:https://cpyrightvisualarts.files.wordpress.com/2011/12/jeffkoons-puppies.png

Blanch v. Koons.[ Blanch v. Koons 467 F.3d 244 (2d Cir.

2006)] Appropriation art may be protected as
transformative
Jeff Koons used parts of a fashion photofour pairs of
womens legs wearing Gucci sandalsin a collage
painting entitled Niagara. This painting featured a Dalilike montage of popular cultural images with Niagara
Falls in the background. One of the pairs of legs was
taken from a photograph by Blanch, a fashion
photographer, and was originally published in Allure
magazine in 2000.

Andrea Blanch -silk sandals by Gucci

Jeff Koons -NIAGARA

Source for both pictures;:http://www.owe.com/resources/legalities/30-jeff-koonscopyright-infringement/

The test for whether a work is

transformative is whether it merely
supersedes the objects of the original
creation, or instead uses the original work
as raw material, and adds something
new, with a further purpose or different
character, altering the first with new
expression, meaning, or message.

3.Photography : Exception to Copyright

Case: Monkey selfie: a photograph taken by
a monkey

Source:https://en.wikipedia.org/wiki/Monkey_selfie

non-humans cannot hold copyrights

The US Copyright Office, in a 1,222-page report
discussing federal copyright law, said that a "photograph
taken by a monkey" is unprotected intellectual property.
"The Office will not register works produced by nature,
animals, or plants. Likewise, the Office cannot register a
work purportedly created by divine or supernatural
beings, although the Office may register a work where
the application or the deposit copy state that the work
was inspired by a divine spirit," said the draft report,
"Compendium of US Copyright Office Practices, Third
Edition."

4. TATTOO: Is it copyright infringement to

get an artist's work tattooed on you without
his permission?