How Copyright Works: Fair Use Copyright Law | Berklee Online
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- Опубликовано: 1 авг 2018
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In this video, Berklee Online course author Dr. E. Michael Harrington explores what “fair use” means. Basically, when you quote someone, or take material that is not yours and use it in your writing, you must cite the source. It’s more complicated than that however. Harrington details the ins and outs of fair use in songwriting.
About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.
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Copyright Law | E. Michael Harrington | Fair Use | Music Business | Berklee Online | Berklee College of Music | Music Business Law 
Видеоклипы
I didn't know Anthony Hopkins knew so much about copyright law.
hahahahaha! thats fantastic!
No kidding!! :)
He do be learning.
After this video he had fava beans and a nice Chianti
He does look like him don’t he 😂😂🤣😂😂
Bold, brilliant, creative, educational, and inspirational
This video answered lot of my questions. Thank you sir.
Subscribing 😎👍
clear language. thank you
Thank you for these guidelines! I think the most important things are #1 not profiting off another's work and #2 attribution. I'm glad Fair Use is a thing so on a personal level we can talk about creative works we appreciate. I know exploits happen, so I'm also glad the law protects creators of original work. This was a great video to see the lines that should not be crossed.
To be honest, i thought this too, I do reaction videos and im starting to think The #1 and #2 or most important factors, is if 1 it's transformative enough, 2 will it give people a reason to not want to see/hear the original. Like how it infringes on it. It's always a plus to go out of your way to credit the person but I partially don't feel that matters the way you think. If I am blocked hard it don't seem to matter if I do that or not, and ive literally done a video or 2 where i probably didn't include everyone and it went through no hitch. It's like quantum physics this fair use stuff. Other videos i uploaded were outright blocked despite tons of credit, links you name it but a billion $$ cabal like Warner Bros makes it very hard to get through their offical videos etc.
Excellent useful discussion in short.
Awesome man.
They need to update the laws to fit our society today since most of the internet in infringing on copyright materials.
Very logical & well done.
Thank you for this video! :)
Thank you. Is taking one-minute of a movie, and teach students some words to earn money? Is it a copyright violation?
Can you talk about the laws about sampling audio from movies and tv shows in your music
Yea that happen to what a lovely name. To me. Started creating people copie wrighted my material
Allegedly, the word “share” on the RUclips video. Can copyright and “share” coexist?
Can I create a course to teach English using a tv series ? It would be transformative but I would use most of it
Hi glad to be here ...I have questions ? how about if I do video about the top 10 songs all the time and explain why in each one and play 10-30 second of every one as my choice top 10 .do I have to get copyright thanks
What about if your characters, which are tightly based upon previously copyrighted characters and their props/wardrobe, but with some changes to them, are meant to educate about a factual event and with possible profit, via a RUclips donations button?
There’s a poem that’s been passed down orally in my family for four generations. My great grandfather picked it up from someone, we don’t know the person’s name. I’ve never seen it written anywhere, but I’ve memorized it. I’m an author and I’m working on a historical fiction about my dad’s life. I’d love to be able to include the poem and attribute it to “author unknown” but I don’t want to do anything unethical. Since there’s no record of it anywhere (been searching for it for years), would it be ok to reproduce it within a larger original work?
Can write down the poem or at least link it?
I'm not a lawyer, so I cannot provide legal advice, but I do have some thoughts to share. It seems to me the most important thing to do is conduct a "diligent search" using Google and other search engines such as the text search feature at the Internet Archive. Input various verses of the poem and see if it has been previously published anywhere. The Library of Congress has published a helpful online guide titled "Lost Titles, Forgotten Rhymes: A Guide to Finding Novels, Stories, and Poems" that will help you to conduct this search.
Anyways, if you do find the poem somewhere, then you need to determine its copyright status. Perhaps it was published so long ago that it has already entered the public domain (in which case there are no issues with you using it in your book). But if it still seems to be copyrighted, then you need to attempt to contact the current copyright owner (which may be the author's estate) and ask permission. Unfortunately, after the passage of many decades, it may no longer be possible to find the current copyright owner, in which case the poem would officially be an "orphan work." If you find yourself in this situation, do some online research about how to deal with an orphan work problem.
But if your diligent search comes up empty and you can find no traces of this poem anywhere, then there is still a (tiny) risk that it might still be copyrighted because it was published in some obscure book or periodical a long time ago and the copyright owner will step forward after you publish your book to sue you for infringement. This is why you need to carefully document the fact you conducted this search to the best of your ability and only used the poem in your book based upon your "good faith" belief that this "unwritten oral tradition" had never previously been published anywhere. This will at the very least substantially reduce the damages for infringement the hypothetical copyright owner will be able to collect from you.
P.S. If you plan to publish this book through a major publishing house, then I would suggest you inform them about this potential copyright issue. Publishing houses retain teams of lawyers that are experts in copyright law and can give you proper legal advice about this.
First three lines and medley 1982
Ok so, I want to use a portion of the emergency broadcast and siren from The Purge as an intro track for my band when we play live but only for our live shows not album. Would that be able to be considered fair use?
No it's not unfortunately.
This doesn't seem like fair use because you're not really adding any commentary or transformative value that directly relates to the copied audio track, but rather are just ripping off someone else's intellectual property to enhance your own live shows. That being said, the basic idea of an emergency broadcast and siren isn't copyrighted. Your band could just make your own version instead of copying it from someone else. That doesn't seem like a difficult project for someone experienced with using digital audio workstation software.
So far So good, Poland
Hey so how about closing an existing business website and changing the writing content somewhat into my own words and changing the colors a bit but keeping the layout of the website pretty similar that of the one copied your inted to the same business in another state? Great video, thanks again.
I meant to say cloning not closing
Can never be really sure about this .
Hello your video has given me the opportunity the make the book I'm writing a lot more interesting. I want to write about musicians and composers but I find that the photos I can legally use in Wikipedia aren't as good as a photo off of that person's website. Do you think it would be excusable if I were to credit the website since I'm really bringing public attention to that artists official presentation of themselves. For example the photo of Alison Balsom in Wikipedia is extremely unflattering, but shes an exceptionally attractive person so I want to use a photo from her website or should I display the cover of one of her CDs? Is a CD cover public domain or an excusable copy of a person's work. I hope your not too bizzy to answer this enquiry.
Can I use a company logo on a knit hat for personal use? Not to sell or distribute to anyone.
I am planning to do a Udemy course to teach Polish language, with bits of different series and songs in it, for education. Explaining the words and phrases. Would that be a copyright?
it should be under fair use and it is for educational purposes, so you are supposed to be able to use it. Of course, someone's voice got copyright claimed, so stay cautious.
I'm not a lawyer, so I would strongly suggest speaking to one if you need actual legal advice. But here are some thoughts. Ideally it would be best to use songs and other materials that are in the public domain. For example, traditional Polish folk songs, hymns or Christmas carols that were originally published in the 19th century or before shouldn't have any copyright restrictions associated with them (at least under American copyright law).
Using copyrighted materials is a bit more tricky with regards to fair use. Quotations are clearly fair use when you are directly commenting upon or critiquing the quoted material. It's not so clearly fair use when you are quoting the lyrics of a Polish song - not to comment upon it directly, but rather to use it as language learning material. More leeway is given under fair use law when the material is for educational purposes. On the other hand, commercial uses (such as selling a for-profit course as opposed to making it available free of charge) tend to be regarded more strictly in light of fair use. This is why you might want to consult with a lawyer who specializes in intellectual property law because this is a complex area of law, and mistakes here could potentially be costly if you were to be sued for infringement.
I'd like to use in-game screenshots(without permission) for my videos and it's all about promoting the game where i took the screenshots from, is that under fair use or no?
As long as you give credit it should be fine
That depends upon exactly what you plan to do with those screenshots! "Fair use" most clearly applies when those screenshots are necessary to illustrate your commentary, review or criticism of the game. If you're planning to do a fan-made trailer to "promote the game" then it might qualify as "transformative" under the precedent that American courts have set which regards many transformative uses as being fair use, though this is somewhat less clear than the "classical" fair uses that involve commentary, review, criticism, or educational instruction. But if you were to print screenshots of a game on to a coffee mug or t-shirt and sell them through your online store, then that would probably NOT be fair use because you're literally just trying to make money on the back of someone else's intellectual property.
so It's okay If I ask the for permission from the record label and the creator?
Yes
Appreciate Video clip! Forgive me for the intrusion, I would love your thoughts. Have you heard the talk about - Chireetler Healthy Sport Rule (Have a quick look on google cant remember the place now)? It is a good exclusive product for making money as a freelance copywriter even with no experience minus the normal expense. Ive heard some incredible things about it and my mate after many years got amazing results with it.
How does copy rights affect FM Radio DJ/Broadcasters? Does the station need to apply for some sort of licence to play artist music?
You apply for a blanket license from the PROs; BMI, ASCAP, etc.
not in america because they never signed the rome convention in 1961. America done this to give money to radio and tv companies, instead of artists and publishers. In the uk you need to pay royalties to recording rights holders if you play their song. But you dont have to ask to play it.
if I use the drums as the sample and 4 seconds chorus voice just at the beginning. but the whole song is written by me and it's actually a rap song, so there is no melody to copy. can I upload that to Spotify"? how can I ask for permission I don't care if I don't make money with it. thanks.
Spain, Cool.
Explaing movies is a copyright or not
How about portions of maps?
Maps are copyrighted, just like any other document. So you should ensure that if you use portions of maps in some project, that either (1) you get permission from the copyright owner, (2) the map is in the public domain and therefore free of all copyright restrictions, or (3) you have a strong case for "fair use" in terms of what you are doing with those portions of maps.
“Kind of a guide line”... Too many people are abusing this and not being responsible.
Some also take the educational part and exploit that.
EACH DISPUTED CASE IS DECIDED ON ITS OWN. Ultimately you may have to find out on the other side of a lawsuit which bankrupts you.
Some who give online RUclips Lessons are talking about a class action to stop all of the copyright strikes bring claimed under Fair Use.
I don’t think a class action can be brought on this issue towards the property holders since each situation must be judged based on the totality of the situation.
Showing musical notation and tablature of the work and showing how to play the song is more acceptable in face to face lessons than something that potentially millions will view. I see that as infringement.
That's a fair point. Many bands are quite willing to give permission for educational uses of their songs which show musical notation and tablature because they appreciate the free promotion. It's kind of lazy and unethical on the part of RUclips music teachers to use a band's songs without first asking permission. Obviously not everyone will be inclined to give permission, but more than enough bands out are willing to give permission so that there should be a diverse selection of songs to choose from in every musical genre.
Ok I have a question, I'm writing an Ebook on people who are disabled in our society. I want to incorporate a RUclips videos, Facebook posts, Government website's to help support my content overall to give the reader be a better understanding of what I'm writing about in this Ebook. this Ebook will be used as educational content to help the disability community have a better quality of life in the future by showing the daily struggles it now faces as a community in our society today 1st and foremost. 2) in writing this Ebook so I can use the profit s to have a better quality of life as a person with disability, to be more financially stable for myself and my family. I'm not looking to get sued, or not be able to use the content that I feel that will help bring my book more believable & creditably by including this content? So my question is How can I do this in the correct way so I don't get sued, without losing my own creditably & potentially profits from the sale of this book etc
Is it okay to use pdf of someone to make a video?
of course
Hello can anyone help me here in this im really confused.
i want to make a video showing other company products and logos however I will NOT CHANGE their art work for any reason what so ever, additionally it would be only for educational purposes, furthermore I will state that I intend no harm in infringing the work of the artists.
Thing is i would be showing around 50 pictures of other products for EDUCATIONAL purposes ONLY. NO CHANGING CONTENT NO NOTHING. I would definitely give a good review of their products and will promote it appropriately.
I need a certain answer with fast and honest reply. Hopefully it would be positive.
EXAMPLE: Amazon (with logo) is an online retailer that sells products etc.... I personally think they have a good service. etc....
I’m the first one!!!!!!!!!!!
What about letters from 1900
Under American law, letters from 1900 are classified as "unpublished works" unless they were later published in a book, magazine, newspaper or other form of publication. An unpublished work is copyrighted under American law for 70 years following the author's death. So if the author's name is provided anywhere, you need to find out if he or she died less than 71 years ago to determine a letter's copyright status. If the letters are anonymous, then they are copyright protected for 120 years.
There's one more thing you need to know. Prior to 2003, unpublished works were given perpetual copyright protection in the U.S. Even if a letter was written by an author who died more than 70 years ago, someone could publish it in a book or newspaper and thereby "re-copyright" it. This ended in 2003, but it is possible that a letter from 1900 which would otherwise be in the public domain by now is in fact still under copyright protection because it was later published somewhere and that publication is still protected by copyright. Unfortunately this can make it difficult to know with 100% certainty whether some old letters (especially those of significant historical interest that someone might be interested in formally publishing) are actually in the public domain.
@@photios4779 wow! Be back ......
You mentioned students copying stuff for a school assignment. You might want to explain the point at which it goes from fair use to plagiarism.
The distinction is quite simple. Plagiarism is the unethical attempt to pass off someone else's work as your own. A student who plagiarizes an essay probably grabbed one from the Internet or paid someone at a shady "essay mill" website to write it for him or her. In sharp contrast, fair use involves giving proper attribution to one's sources and respecting the copyright of others by copying no more than what is necessary to illustrate one's commentary, review or argument. A good example of fair use is a student quoting from an academic journal paper or monograph in an essay in order to illustrate his or her argument. The copied material should be clearly denoted as a quotation and a footnote should be provided that points to a citation in the bibliography or list of works cited that lets others know precisely where the copied material came from.
Can I paraphrase for instance a short folklore anecdote without permission?
Nobody has copyright over folklores so you are free to use the whole thing.
Understanding quantum mechanics is much easier than this Copyright Law.
If you use a book for teaching and people buy the book doesn’t it help the author/publisher?
Depending upon exactly how the book is being used as a teaching resource, it might encourage others to buy the book or it might actually discourage the students from buying the book because they feel they have already learned the gist of that book. Although educational uses are given more leeway under fair use, it's still necessary to take no more than what is needed to illustrate a particular point in a classroom lesson or an essay. Using a substantial part of a book (without permission) is not fair use.
Most education systems I am aware of derive profit/income from their work. So why would education done by a university be any different than a youtuber posting things to teach, regardless as to whether or not it is monetized? BTW - a whole lot of education is going online in these days of the pandemic, so the distinction between education and youtube vids posted to teach something seem even more tenuous.
Hi Donald, thanks for your question. There is definitely a distinction between online college courses and RUclips videos. While you can learn a lot on RUclips, online courses have structure, are usually more in-depth, and are taught by industry professionals. For example, Berklee Online features a revolutionary, custom-built online learning management system. Combining classroom, syllabus, and course content, you can chat with your instructors live, upload your assignments and get feedback, and connect with your fellow students - all in one environment. You can see for yourself here: berkonl.in/2Pbe1Mc
My thing os, fanfictions are a thing that is widely accepted as ok, nobody monetizes it, its purely a work of art, incorporating copyrighted work for the purpose of expressing your creativity and expressing your love for the original work. Inthe same vein, AMVs (Anime Music Videos) serve the same purpose, and yet somehow that is treated differently, why is that? Is an AMV somehow inherently less transformative in nature than a crossover fanfic? Many AMV creators, including myself dont monetize our content, meaning it is a labor of love. Love for the song, love for the anime. How is making AMVs less valid a form of fair use than fanfictions?
Start from 5:40, in nutshell
tiktok reaction videos on RUclips, or shows like America's funniest videos or Tosh.0 use other peoples videos, but they all for the most part, critique the video, call them dumb, make funny... and they all monetize.. is it considered "fair use" because their critique/commentary transforms the original work?
your sports game example. If they forbid people to talk about it , then people wont watch it and they do not make any money. The copy write claims are extended to the advantage of the creator really carefully, do not portray the creators as the victims here because they are paid by the audience, if no one talks about you you have no audience thus not making any money.