legal issues workshop spring 2010. legal considerations overview ownership ownership copyright...
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Legal Issues Workshop
Spring 2010
Legal Considerations Overview
OwnershipOwnership Copyright Issues Copyright Issues (& Licensing)(& Licensing)
ContractsContracts ReleasesReleases ClearancesClearances
Ownership
ScriptScriptWork-for-HireWork-for-HireOriginalOriginalStory RightsStory RightsCopyright vs. WGA RegistrationCopyright vs. WGA Registration
www.wga.orgwww.wga.org
Copyright Issues
MusicMusic OriginalOriginal LicensedLicensed
Sync Rights – to sync the music to pixSync Rights – to sync the music to pixPerformance Rights – to show the piece Performance Rights – to show the piece
to an audienceto an audienceMaster Recording License – to use a Master Recording License – to use a
recordingrecordingMechanical Rights – to reproduce & sell Mechanical Rights – to reproduce & sell
copiescopies
Finding Copyrighted Music
www.ascap.cowww.ascap.comm
www.bmi.comwww.bmi.com
Copyright Issues Fair UseFair Use
Purpose of the use (commerical or Purpose of the use (commerical or private)private)
Nature of the workNature of the work Amount of the portion you useAmount of the portion you use Effect of the use on the value of the Effect of the use on the value of the
originaloriginal TrademarkTrademark Public DomainPublic Domain
Public Domain
Before 1923Before 1923 is in PDis in PD
1923 to 19501923 to 1950 may not be PDmay not be PDUnless original term expired before Unless original term expired before
1978 & was not renewed.1978 & was not renewed.
After 1950After 1950 not in PDnot in PD
Contracts
Independent ContractorsIndependent Contractors
Assignment of Rights (script)Assignment of Rights (script)
Assignment of Rights (music)Assignment of Rights (music)
Film PermitsFilm Permits
Theatrical PermitsTheatrical Permits
Stock FootageStock Footage
Contracts
Creative Works Rights PolicyCreative Works Rights Policy All Regent University students, staff and All Regent University students, staff and
faculty agree that all right, title and interest faculty agree that all right, title and interest in all medium now known or later discovered, in all medium now known or later discovered, throughout the world are automatically throughout the world are automatically assigned and transferred to Regent assigned and transferred to Regent University. This includes, but is not limited University. This includes, but is not limited to, the copyright in and to any Project. to, the copyright in and to any Project.
Rights License Form – to revert Rights License Form – to revert rights back to the studentrights back to the student
Releases
Script ReleaseScript Release Assignment of RightsAssignment of Rights
Talent ReleaseTalent Release
Crowd ReleasesCrowd Releases
Location ReleasesLocation Releases
Product PlacementProduct Placement
Clearances
Title of Project: Executive Producer:Phone:E-mail:
Today’s Date: Student Producer:Phone:Email:
Type of Project: (class, Adv. Motion Picture, Multi-cam) Screenwriter:Phone:E-mail:
Intended Distribution: Contact Info:
Locale of Story: Time of Story:
Clearances Cast names that have first and last Cast names that have first and last
namesnames Business namesBusiness names Product namesProduct names Organization namesOrganization names Fine artworkFine artwork PhotographsPhotographs Book coversBook covers Magazine coversMagazine covers NewspapersNewspapers WallpaperWallpaper
Clearances BeddingBedding PostersPosters Copyrighted materialCopyrighted material Trademarked materialTrademarked material Stock footageStock footage Film ClipsFilm Clips Television ClipsTelevision Clips Portrayals of any well-known personalities Portrayals of any well-known personalities
or government officersor government officers Derogatory referencesDerogatory references Telephone numbersTelephone numbers
Clearances – Other Considerations
Is this story fictional or based on fact Is this story fictional or based on fact or based on another source (book, or based on another source (book, etc.)etc.)
If the story is based on actual If the story is based on actual events, you need to research the events, you need to research the following source material:following source material: Newspaper reports, books, articles, Newspaper reports, books, articles,
court transcripts, interviews with court transcripts, interviews with witnesses, etc. as applicable.witnesses, etc. as applicable.
Public Domain
..Date of Work Term
1978 and after Life + 70 years
Before 1923 None
Published 1923-63 28 years w/ 67 year renewal
If not renewed, public domain
Published 1964-77 28 years + 67 years
Created but not Life + 70 years or
published before 1978 12-31-02 whichever is greater
Created before 1978 Life + 70 years or
published between 12-31-2047, whichever is greater.
1978 and 12-31-2002
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