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A FEW TIPS re managing copyright, trademarks and intellectual property  [Please note, the postings on this blog are for informational purposes only and do not constitute legal advice]   ...follow and subscribe to this blog on wordpress

Entries in Copyright (99)

Thursday
May082014

Federation Bells Call For Compositions (nice ring to their Terms & Conditions)

The Federation Bells park in Melbourne has launched an open call for composers to submit compositions to be Fed bells picplayed on a fascinating instillation of 39 bells.

The Federation Bells are a (recently refurbished) collection of 39 bronze upturned bells mounted on poles in a grid arrangement at Birrarung Marr in central Melbourne. They can be played using a sophisticated electromechanical system, in which internal hammers strike the bells, triggered by simple MIDI commands.

Submitted compositions can be heard daily on an evolving weekly schedule that is posted online.  My friend Rob Waring's composition titled, Daybreak at Birrarung Marr, is currently scheduled to play daily. (Bravo, Rob!)

To encourage folks to submit compositions, the Federation Bells website features an online composition tool that lets folks compose music for the 39 bells.  A composer's manual and guide is also posted on their website at http://federationbells.com.au/media/Federation-Bells-Composers-Manual.pdf.

The Terms and Conditions for submitting a composition also have a nice ring to them.  By submitting a composition folks agree to: 1)  grant a license allowing their composition to be played on the bell instillation for one year (composer retains ownership) and 2) submit their composition freely without seeking any further consideration.  Additionally, some folks may earn royalties if they are a member of APRA (or an equivalent society) and there is no promise made that submitted compositions will be performed.  (Terms and Conditions are always subject to change).

An image of the Terms and Conditions from the websiteEvidently, over a hundred compositions have already been submitted.  As I type this, I am singing to myself, "ding dong merrily on high in heaven the bells are ringing."  The melody and lyric of this carol are fitting.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: Rob Waring’s website http://home.broadpark.no/~rwaring/; Information about composing for the Federation Bells at http://federationbells.com.au/play-the-bells/composing-for-the-bells; http://federationbells.com.au/media/Federation-Bells-Composers-Manual.pdf ; and http://composer.federationbells.com.au/FederationBells.html; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Wednesday
Apr302014

US Copyright Fees increase tomorrow (5/1/14)

The US Copyright Office fees are set to increase tomorrow on May 1, 2014.  This increase includes some changes to the $35 fee for a basic copyright registration.  Currently, filing an online copyright registration for "an original work of authorship" via the US Copyright Office's electronic filing system costs $35.  As of May 1, 2014 this basic copyright registration will be divided into two new categories. Some basic copyright registrations will still cost $35 and some will cost $55.  As of tomorrow, the $35 registration fee will be limited to apply only to works which have: a "single author, same claimant, [consist of] one work, not [a work] for hire."

(Bargain hunters may want to take advantage of the lower fees today!)

image from US Copyright Office Website

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

For more information see, the US Copyright Office website at www.copyright.govearlier blog posts on the topic of "copyright" at www.iplegalfreebies.wordpress.com/category/c-o-p-y-r-i-g-h-t/ ; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

 

Wednesday
Apr232014

Happy Birthday Shakespeare (Your prose... a public domain goldmine)

William Shakespeare turns 450 today.  His masterful use of language keeps his plays popular, relevant, in production and available to us all as literary treasures in the public domain.  Public domain works, like Shakespeare's plays, are available for the public to use, copy, distribute, perform, quote, sample and make derivative works from... for free.  Shakespeare's plays are in the public domain because they are nearly 400 years old.  (Here in the United States, works published before 1923 are in the public domain).

It's important to note that newer productions, translations or works based on Shakespeare plays may still be covered by copyright protection... and may NOT be in the public domain.  For example, most movies of Shakespeare plays are "new" enough to still be covered by copyright.  The length of time that a play or other creative work is protected by copyright, and the timeline for when works enter the public domain varies country by country.

Happy Birthday Shakespeare!  Thank you for your stellar intellectual property!  "...can one desire too much of a good thing?"

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: earlier blog posts on the topic of “public domain,” http://iplegalfreebies.wordpress.com/category/public-domain/; other copyright and public domain resources, http://www.copyright.gov, http://copyright.cornell.edu/resources/publicdomain.cfm, http://creativecommons.org/publicdomain/; ending quote from, As You Like It; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Monday
Mar312014

FIRST KISS viral video (the music was used with permission)

The FIRST KISS video that went viral earlier this month is a digital advertising phenomenon that uses music with permission! Giving a shout out the folks involved for doing it right! Here, the clothing company Wren created a three-and-a-half-minute video featuring pairs of strangers kissing for the first time accompanied by the musician Soko’s song, “We Might Be Dead Tomorrow,” which was licenseFirst Kissd for use in the video. Within days of being released on YouTube, the video went viral… and over 73 million views later, both the clothing company and the musician are selling more and making more money.

According to a recent NY Times article, “there has been a ‘significant bump’ in sales on Wren’s online store since the video made its debut. And the song accompanying the video, Soko’s ‘We Might Be Dead Tomorrow,’ sold 10,000 copies in North America on Tuesday and Wednesday [following the video’s release].”  It’s also reported that sales for Soko’s album featuring the song went up too and that the video was made on a modest budget of about $1,300.

Three cheers for the entrepreneurial ladies (clothing designer, musician and video director) for their successful collaboration on the FIRST KISS viral video phenomenon.   Gotta love a happy ending.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: YouTube video link at https://www.youtube.com/watch?v=IpbDHxCV29A; The NY Times Article by J. Koblin, “A Kiss Is Just a Kiss, Unless It’s an Ad for a Clothing Company” at http://www.nytimes.com/2014/03/14/business/media/a-kiss-is-just-a-kiss-unless-its-an-ad-for-a-clothing-company.html?_r=0; Wren’s website at http://wrenstudio.com/clothing/; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Friday
Mar072014

Explaining the Getty Images “freebies” (see the fine print)

In a revolutionary move, Getty Images has just made some of its stock photos free to use on websites, blogs and social media so long as the photos are used for editorial purposes and with Getty Images' new Embedded Viewer.  Undoubtedly, Getty Images is motivated to try to control and "cash in" on the rampant on-line photo piracy.  In exchange for "free use" of Getty Images' photos and images, folks will authorize data collection and advertising by Getty Images and others.  Here is how Getty Images explains their new Embedded Viewer and defines the permitted editorial purposes in their website Terms of Use:

Embedded Viewer

Where enabled, you may embed Getty Images Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Getty Images Content will be available for embedded use, and availability may change without notice. Getty Images reserves the right in its sole discretion to remove Getty Images Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Getty Images Content. You may only use embedded Getty Images Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Getty Images Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.

Getty Images (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Getty Images Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you. (http://www.gettyimages.com/Corporate/Terms.aspx)

As you can see, Getty reserves the rights to 1) change the terms, 2) remove the image, 3) place advertisements in the Embedded Viewer, 4) collect data from folks who use an embedded image, 5) permit 3rd parties to collect data from folks who use an embedded image.

This is an interesting way for Getty Images to "make new rules" regarding free use of their images on blogs, websites and social media.   It will be interesting to see if folks who are currently copying and using Getty Images' photos without permission take the time to use the Embedded Viewer.  Using the Embedded Viewer has more steps than simply right clicking and copying an image, which is how I'd guess most infringers currently access Getty Images' photos.  To use an image with Getty Images' Embedded Viewer, HTML code provided by Getty Images needs to be copied and pasted into the source code of a website.  Here is a link to steps for using the Embedded Viewer http://www.gettyimages.com/Creative/Frontdoor/embed and a screen shot of the code that needs to be used in order to embed an image of a surprised guy:

Embedding an image from Getty Images http://www.gettyimages.com

Will be interesting to follow this development and see how it goes.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

For more information see, Getty Images websites at http://www.gettyimages.com/Creative/Frontdoor/embed; and the Terms of Use at http://www.gettyimages.com/Corporate/Terms.aspx;  an article by Russell Brandom in The Verge website titled, The World's Largest Photo Service Just Made Its Pictures Free To Use available at http://mobile.theverge.com/2014/3/5/5475202/getty-images-made-its-pictures-free-to-use; for other blog posts on Photo Copyright; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

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