2. The Copyright Act of 1976, as amended protects the legal rights of the creator of an original work.
3. Consequently, before we can use someone else's work in our multimedia project we must first obtain permission from the owner of the copyright. If we do not do this, we may find ourself being sued for copyright infringement (unauthorized use of copyrighted material).
Work come under copyright protection as soon as they are created and presented in a fixed from. Works do not have to be registered with the U.S. Copyright Office to be protected. There are limited "fair use" exceptions in which copyrighted material can be used without permission, but we should consult an attorney before assuming this exception.
Owning a copy of a work does not entitle use to reproduce the work unless you have the permission of the copyright owner. If we buy a painting from an artist, the artist retains the copyright unless it is assigned to us. We do not have the right to reproduce the painting in
any form, such as in postcards or a calendar,
without permission. 4. We should license the rights to use copyrighted material before we develop a project around it, We may be able to negotiate outright ownership of copyrighted material. If the owner does not wish to give up or sell ownership rights, however, we may still be able to license the rights to use that material.
There are few guidelines for negotiating content rights for use in multimedia products. If we are dealing with content providers who are professionals familiar with electronic media, we may be given a standard rate card listing licensing fees for different uses, formats, and markets. Other content providers or owners may be less familiar with multimedia and electronic uses, and we will need to educate them.
5. Some licensing agreements may be as simple as a signed permission letter or release form describing how you may use the material. Other agreements will specify in minute detail how where, when, and for what purpose the content may be used. Ideally, we would seek rights to use the content anytime, anywhere, and in any way you choose; more likely, however, the final license would contain restrictions about how
6. the material may be used. The following items are but a few of the issues we need to consider when negotiating for
rights to use preexisting content:
(i) How will the content be delivered? If we limit our self to CD-ROMs, for example, we may not be able to distribute our product over cable or telephone lines without renegotiation.
(ii) Is the license for a set period of time? (iii) Is the license exclusive or nonexclusive? In an exclusive use arrangement, no one else would be able to use the material in the manner stipulated.
(iv) Where will our product be distributed? There may be different rates for domestic and international distribution.
(v) Do you intend to use the material in its entirety, or just a portion of it?
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