Intellectual Property Law
Permissions Introduction
When creating content incorporating other peoples’ work, it is crucial to ensure that you have all the rights necessary to use the content for the purposes you desire. Getting permission is the obvious way to secure your position, but is it always necessary? There are defenses that can make permissions superfluous, but will distributors and employers accept that risk? Will you? This activity involves reading a comic book that chronicles the adventures of a documentary filmmaker trying to navigate the complicated tangle of copyright laws in order to make a movie about New York City. This assignment will open your eyes to the possibilities.
Requirements/Deliverables Due
A. Listen to the Bound by Law author interview.
B. Read the comic book Bound by Law https://web.law.duke.edu/cspd/comics/ digital (80+ pages) and answer questions about the content on the 5-page worksheet in this document. If the link doesn’t work, please search “bound by law comic” and you will get to the right page.
C. Upload your completed worksheet to FSO.
Grading - 2%
This activity will earn a 100-75-0 as per the Rubric.
1
http://www.ibiblio.org/wunc_archives/sot/audioarchive//sot042606b.mp3
http://web.law.duke.edu/cspd/comics/digital
https://web.law.duke.edu/cspd/comics/digital
https://law.duke.edu/cspd/comics/digital/
Intellectual Property Law
RUBRIC
This activity achieves the following course objectives:
• Identify protectable interests and rights holders
• Discern lawful use of others’ intellectual property
• Understand how intellectual property laws and personality interests can be violated as well as the potential penalties
• Assess content utilization from a legal and community perspective
• Exploit rights through use and licensing
2
Criteria 100 75 0
Worksheet All questions answered, all but 1-2 answered correctly or mostly correctly
1-2 questions were skipped No questions were skipped but more than 2 were incomplete or incorrect
More than 2 questions were skipped
OBJECTIVES
http://web.law.duke.edu/cspd/comics/digital.php
Intellectual Property Law
Worksheet page 1
3
Question Response
Documentary films capture culture and society, including fragments of copyrighted images, music, art and the like. What are some examples of things Akiko has captured on film that might require a license or clearance?
Referring to the chart on pages 10-11, what works are in the public domain?
If Akiko wanted to show someone singing a song published between 1964 and 1977, what would she need to know to determine whether the song is in the public domain and free for use?
What is accidental capture?
Intellectual Property Law
Worksheet page 2
4
Question Response
How much did Matt Groening want to allow documentary filmmaker Jon Else to show 4.5 seconds of “The Simpsons” that was accidentally captured in the background of one of his scenes? Does this seem reasonable to you? Do you think Else should have used it without a license and risked a lawsuit, given his strong argument for fair use?
What are three options for using background music in a documentary?
Why was the civil rights documentary “Eyes on the Prize” taken out of circulation?
Intellectual Property Law
Worksheet page 3
5
Question Response
What are the four factors to be considered in a fair use analysis?
What are some examples of uses that would be considered “fair use”?
Reviewing the cases discussed on pages 37-43, what are some “lessons learned” about how fair use works in the real world?
Intellectual Property Law
Worksheet page 4
6
Question Response
When might a trademark be used, lawfully, without permission?
When might a person’s picture be used, lawfully, without permission?
How can a content creator manage the risk of rights clearance?
Read the question Akiko asks on page 57. What do you think is the answer?
Why?
ResponseDocumentary films capture culture and society including fragments of copyrighted images music art and the like What are some examples of things Akiko has captured on film that might require a license or clearance:
ResponseReferring to the chart on pages 1011 what works are in the public domain:
ResponseIf Akiko wanted to show someone singing a song published between 1964 and 1977 what would she need to know to determine whether the song is in the public domain and free for use:
ResponseWhat is accidental capture:
ResponseHow much did Matt Groening want to allow documentary filmmaker Jon Else to show 45 seconds of The Simpsons that was accidentally captured in the background of one of his scenes Does this seem reasonable to you Do you think Else should have used it without a license and risked a lawsuit given his strong argument for fair use:
ResponseWhat are three options for using background music in a documentary:
ResponseWhy was the civil rights documentary Eyes on the Prize taken out of circulation:
ResponseWhat are the four factors to be considered in a fair use analysis:
ResponseWhat are some examples of uses that would be considered fair use:
ResponseReviewing the cases discussed on pages 3743 what are some lessons learned about how fair use works in the real world:
ResponseWhen might a trademark be used lawfully without permission:
ResponseWhen might a persons picture be used lawfully without permission:
ResponseHow can a content creator manage the risk of rights clearance:
ResponseRead the question Akiko asks on page 57 What do you think is the answer Why: