On Winol it is often that copyright becomes an issue and it's important to know how to keep safe within copyright. It's a routine activity in the newsroom.
Whenever you write something you create intellectual property. We are part of this creative industry who makes new creative copy, we of all people should respect the principle of copyright otherwise we wouldn't be doing what we are doing. The problem for journalism with the digital revolution has effected the business spectrum for journalism under immense strain.
Issues of copyright: it protects other peoples creative content.
We are also quoting material, recycling material and putting our own spin on it, we are using other peoples quotes and lifting them. This is not a breach of copyright because we can use it under fair dealing, it happens routinely.
When quoting other peoples stories we attribute them. They're simple rules like, attributing the author, that we have to follow so we can use material.
With every judgement you should make you should: Identify the risk, realise it is copyright, can I use it or not? Again it's another grey area so you should check it with a lawyer before if you are not sure if you can use it.
Parody exemption of copyright now. The most recent of these cases that comes to mind for me is the 'Dumb Starbucks' coffee shop in USA which is a parody of the legit Starbucks company. http://www.bbc.co.uk/news/business-26131013
Star dies what can I broadcast?
When somebody dies a report will often will have clips of the films the person has starred in. Because it's a news event we can use the clips that are relevant to the news event. The fair dealing rule allows us to use material with conditions attached- that being we have to attribute the copyright holder,
Copy right expires after 70 years of the death. (Literature)
Movie trailers- When a film has been released there are trailers there is a certain amount of time that a broadcasters can use clips from the trailer. Otherwise you would need consent and often pay for it. Or you could ask for stills (a lot cheaper) you can't just grab the still or clip
Photographs- you can't use them under fair dealing. You must get consent. Watermarks are added to stop being using the photograph.
Canoe's this in Panama- daily mirror and the bbc made a agreement that the bbc could use the photo of the man ( who faked his death) and his wife still alive. Evidentially the mirror didn't own this photo and the photographer ended up suing both the BBC and the Daily Mirror.
Why it matters
You need to be trusted and therefore you must think about copyright. If you ignore the concerns about copyright It could result you having to pay huge fines.
What is protected
Books, films, music, photographs
What's not protected
-Undeveloped ideas, slogans, catchphrases. Authors of the Holy Grail book took Dan Brown "The Davinci Code" to court. Dan Brown won because there is no law protecting ideas.
Fair dealingFor the purpose of reporting current events we can:
-Lift thrust of stories and quotes from rivals
-Must be attributed
-In publics interest
-Usage must be fair
Fair dealing allows
- widening stories in the public interest
-criticism and review
-Broadcast news obits of film stars can use famous movie clips for free.
-But photographs are never subject to fair dealing.
The interest- Youtube, Facebook etc
Sports coverage- news access rights. Big contract deals. BBC wilkinson kick not owned by bbc, itv owns it. The sports access is an issue of concern.
Photographs and film archive
Points to remember
Recognise copyright issues early
contacting rights holders takes time
Tell others if you have copyright cleared
Don't lift material without reference.