What Images Get Copyright Protection,3D

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En provenance du cours de Duke University

Copyright for Multimedia

186 notes

Duke University

Copyright for Multimedia

186 notes

Copyright questions about different formats (data, images, music and video) can be especially difficult. Sometimes the law specifically distinguishes between these different formats, and in most cases there are media-specific considerations that impact a copyright analysis. In this course we will look at four different media, paying special attention to the unique issues for each one and the kinds of information that is important when making copyright decisions for each type of material. We will work through fair use issues for each multimedia format, look at format-specific exceptions in the law, and consider unique issues for seeking permission for film, music, images and data. At the end of this course, participants will have a deeper understanding of how to apply our framework for making copyright decisions, and will be more comfortable with assessing multimedia issues. They will have gained more and more diverse experience for considering fair use.

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Images

Those who create or use works of visual arts benefit from an understanding copyright protections and exemptions. Topics covered in this module include which works of visual arts get copyright protection, what special rights are afforded artists under the Visual Artists Rights Act (VARA), how to apply the TEACH Act and fair use to images, and what steps to take if you need to seek permission. Finally, some attention will be given to social media, implied licenses that can arise when posting and using images, and privacy.

What Images Get Copyright Protection3:56

What Images Get Copyright Protection,3D4:20

VARA and Moral Rights4:12

Rencontrer les enseignants

Kevin Smith, M.L.S., J.D.
Former Director, Copyright and Scholarly Communication
Duke University Libraries
Lisa A. Macklin, J.D.,M.L.S.
Director, Scholarly Communications Office
Robert W. Woodruff Library, Emory University
Anne Gilliland, JD, MLS
Scholarly Communications Officer
University Libraries, The University of North Carolina at Chapel Hill

So what images get copyright protection?

In another lecture, we discussed the visual arts that receive copyright

protection and we suggest reviewing that lecture.

Here, we're going to explore some special circumstances,

specifically in the visual arts.

So let's look first at buildings.

What if I wanna take a photograph of a building?

Does the building have copyright?

Well, the answer is, it may.

Under sec- >> That's usually the answer.

>> It's usually the answer.

Either it depends or it may.

In this case, under Section 120 of the US Copyright Act, any building that was

created after December 1st, 1990, is protected by copyright.

However, if the building is in a public place, you can take a photograph of that

building and not infringe on the copyright for the architect of the building.

However, if the building was created after December 1st, 1990, and

is not viewable from a public space, this exception does not apply.

>> And just let me ask, this applies to the building itself-

>> The building itself.

>> As well as the architectural plans?

>> Yes, the archi- >> Before 1990,

the plans were protected but not the buildings.

>> The plans were protected but not the buildings.

>> Thank you.

>> After December 1, 1990, the building is protected.

And that includes the interior of the building as well.

So if you're taking photos within a building, you may need to get

permission if the building was built after December 1st, 1990.

And in all cases,

you wanna be aware of potential invasion of privacy concerns if you're in

the interior of a building where someone may have an expectation of privacy.

Another consideration is whether or

not the building itself is also protected by trademark.

So while this is very unusual, it is possible.

And if so,

the concern would be that your use of the picture of the building is commercial and

is used for similar goods or services, so may cause confusion in the marketplace.

Or may given appearance that the owner of that trademark of that

building is in some way promoting a product or a service.

So for example, the Transamerica building has been used by

Transamerica to promote their products and their services.

And so that building actually does have some trademark protection and

its shape is very unique and distinctive.

>> Right, that's something you wouldn't ordinarily think about.

It's also possible that a building will have a sculpture or other artwork that is

either a part of the building or a part of the grounds in front of the building.

These works are separable.

They're separable from the building and from any copyright in the building, and

they need to be treated as such.

So, let's talk a little bit more about sculpture.

A sculpture is protected by a copyright,

unless it has fallen into the public domain.

If I take a photograph of a copyright protected sculpture like this picture

of the three of us in front of a well-known sculpture on the Duke campus,

I've created a derivative work.

That is,

I've made a two dimensional representation of a three dimensional work.

And so I've derived one work from the other.

If I take that picture of a building that has a sculpture out front,

there are potentially two underlying copyrights.

The copyright in the building, assuming it was constructed after 1990,

and the copyright in the sculpture.

Now, my photograph may be fair use, which we'll delve into in another lecture.

But a photograph may capture several underlying copyrighted works.

And so we need to think about that and do the analysis for each one.

Another possibility is that I might take a photograph of a sculpture and

then turn it into a 3D printing of that same statue.

Unlike the photograph, the 3D printed model would be an exact replica.

Like photography, if the underlying sculpture is in the public domain,

then there's no additional copyright protection in that exact replica,

that slavish copy that's made in the 3D printer.

However, if the underlying sculpture is protected by copyright,

then the specific use of that exact replica would determine whether or

not it was infringing or potentially fair use.

Thanks for watching and listening.

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