Copyright Notice and Credits

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TidalPoolExplorer

Copyright Notice and Credits

Postby TidalPoolExplorer » Thu Apr 02, 2009 3:15 pm

I deleted my previous post about this as it was just too long with too many questions. Here are my questions plain and simple:

For a non-commercial DVD slideshow for a client, what is a simple, effective copyright and use notice? Any examples would be helpful.

As far as show content, is also listing the separate copyrights and credits for royalty free music, copyrighted photography, etc. necessary?

Do many here physically copy protect DVDs? I heard that was expensive.

And how about YouTube and other such sites, do you discourage uploads to of your shows to these sites by your clients?


Just trying to get a handle on this . I want to keep the legal stuff as short and pleasant as possible yet still get the job done. All help will be regarded as pure opinion and not legal advice.

Thanks in advance

Dan

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Re: Copyright Notice and Credits

Postby im42n8 » Thu Apr 02, 2009 5:35 pm

I'm no expert on this. But, basically, as I understand it, the copyright notice should have at a minimum the copyright symbol (optional to follow it with the word "copyright") and name. You can also include the date right after the copyright symbol/word.

For example:
© 2009, Dale Fenimore, All Rights Reserved.

You may include in the credits the royalty free music info but, it's not necessarily necessary. Review the agreement that came with that music for specifics. You must give credit for any copyrighted material that you use and for which you have permission to use unless that was waived by the copyright owner. Unless you have their permission, it's NOT a good idea to use copyrighted material in your shows. There are exceptions under certain conditions. You'll have to do the research in that area.

Copy protection, physical, is expensive and is affordable only to the big boys. Your best bet is the copyright notice and any other notice you might put on the disk/show (like the commercial boys do!). You might put it in an intro show played when the DVD is first played, in the beginning of your show, and perhaps at the end. It doesn't have to be big ... it just has to be on the screen somewhere and readable. Besides that, there's really not much else you can do. Make sure you have your shows copyright noticed if you put them on places like YouTube. It's probably overkill to put that notice on each slide but you COULD watermark them or put a small version on each slide so that it's not in the way. Just depends. It may not stop someone from using your show but it'll slowdown or stop MOST of the illicit uses.

Dale

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Re: Copyright Notice and Credits

Postby TidalPoolExplorer » Thu Apr 02, 2009 6:30 pm

Dale,

Thanks much for taking the time to answer in such detail. Really helped. Really appreciated.

Dan

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Re: Copyright Notice and Credits

Postby DickK » Fri Apr 03, 2009 8:48 pm

Dan, first I'd suggest you review these:
viewtopic.php?f=8&t=8583
viewtopic.php?f=8&t=8758
TidalPoolExplorer wrote:For a non-commercial DVD slideshow for a client, what is a simple, effective copyright and use notice? Any examples would be helpful.

I'm confused by "non-commercial" and "client" in the same sentence. If you're producing something for a client then for most purposes, it's a commercial endeavor--as opposed to personal use. Be careful that all the material in the show is stuff you have the right to use in this way.
TidalPoolExplorer wrote:As far as show content, is also listing the separate copyrights and credits for royalty free music, copyrighted photography, etc. necessary?

If you are the creator of the show then the copyright is yours with or without any notice included. However, Dale's reply is a good idea and typical. Credit may always be given to anyone that supplied material for the show, it's normally a good idea to do so and may be required depending on the rights you acquired with the license for that material. Again, make sure you have the right to use whatever material is in the show. Personally, I always note that I'm the creator of the show, credit the photographer(s) and I'll often credit the source(s) of the music. If I've used images, video, slide styles, etc. from another source I'll usually credit that whether required or not.
TidalPoolExplorer wrote:Do many here physically copy protect DVDs? I heard that was expensive.

Useless and can simply make compatibility problems for some players even worse. I'd never attempt it.
TidalPoolExplorer wrote:And how about YouTube and other such sites, do you discourage uploads to of your shows to these sites by your clients?

Usage rights for the client should be spelled out in the contract. Failure to do so probably means all rights are yours but may make enforcement more difficult. A verbal contract is legal and binding but borders on the impossible to enforce; if it matters, put it writing.

Keep in mind that all these issues are complicated--there is just no way to give absolute and simple answers. Simple answers will be wrong in some cases and complete answers aren't simple. In the end, if this is important, consult an attorney--particularly on matters of the contract.

Dick

Caveat: This information is the opinion of it's author and does not constitute legal advice of any kind. Risk associated with the use or misuse of this information is entirely the responsibility of the reader. If these issues are important to you, consult an intellectual property rights attorney.
"It is the mark of an educated mind to be able to entertain a thought without accepting it." Aristotle ((PSG, PSE & Fuji HS20 user)) Presentation Impact Blog

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Re: Copyright Notice and Credits

Postby TidalPoolExplorer » Sat Apr 04, 2009 5:37 am

Dick,

Thanks for your take. Appreciated.

And sorry for the confusing sentence:

For a non-commercial DVD slideshow for a client, what is a simple, effective copyright and use notice? Any examples would be helpful.


This would have read better, I think: "For a DVD slideshow for a non-commercial client, what is a simple, effective copyright and use notice? Any examples would be helpful." I was trying to indicate that that client was not going to use the show in a commercial endeavor (say a web site ad) rather than for personal use (showing it on his home TV)


In that regard, in many copyright notices I see the terms- For Personal Use Only, For Private Use Only, and For Non-Commercial Use Only, as well as combinations of the three. Perhaps to lawyers and judges these terms and combinations of terms have some pre-defined very strict legal definitions, but to the average non-legal types, like myself and many clients, I think they are confusing.

Some thoughts:

If I produce a show for a client- let's say for their vacation to Hawaii- and there are no copyright issues with the photos used- let's say the client has rights to all of them- and I have included music I have the rights to use- Royalty Free- I would hope that the client would show this show to as many people as possible, give copies to as many people as possible, and even post it on Youtube if he/she liked. I would hope it would go 'viral' on the internet. If I have the show prominently branded with my name and website, I would consider all this just good advertising for my shows. What have I really lost in doing this? Sure, my strict copyright notice in this production may have dissuaded an honest client from making copies for himself and others rather than buying copies from me. But, in the balance, is getting paid a few bucks for copies really worth the loss of all this free advertising?

If the show contained third party copyrighted images, etc., that would be a different matter, but sometimes I think holding on too tightly to your creations can actually do more harm than good. Getting your work and name out there is very important. A ‘WOWED!' client wanting to show your work off to the world for free should be encourage I think, not discouraged.

Anyway, just my two cents.

Dan

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Re: Copyright Notice and Credits

Postby DickK » Sun Apr 05, 2009 2:57 pm

Well those phrases probably won't hold water legally because they don't specifically grant or deny the very specific rights involved. Somewhere there should be fine print spelling out what's granted and what's retained. There are five basic rights protected by copyright. The holder of copyright has the exclusive right to do and to authorize others to do the following (viewtopic.php?f=8&t=8758):

* reproduce the work (make copies in any form)
* prepare derivative works using the work
* distribute copies to the public by sale or other transfer of ownership, or by rental, lease, or lending
* publicly perform the work
* publicly display the work
viewtopic.php?f=8&t=8758

Any comment has to be in light of that. As I would interpret it (but I'm no lawyer and don't play one on TV),

For Personal Use Only -- the least vague but not good; probably removes the public performance right and any right for you to distribute it to someone else; grants performance right and maybe derivative work right. Result: probably cannot be used in any product you intend to give or sell to someone else.

For Private Use Only -- very vague, no idea how or if it is different from above. I'd treat as above.

Non-commercial Use -- even more vague, so much so that it's useless IMHO. If its different from the above then it might be also granting a (non-commercial) public performance right but still retaining all transfer rights. Result: probably cannot be used in any product you intend to give or sell to someone else.

TidalPoolExplorer wrote:If the show contained third party copyrighted images, etc., that would be a different matter, but sometimes I think holding on too tightly to your creations can actually do more harm than good. Getting your work and name out there is very important. A ‘WOWED!' client wanting to show your work off to the world for free should be encourage I think, not discouraged.

Agree completely. Yes you have the right to deny someone from doing most or all of that--but you really don't have the ability to do it. Enforcing your rights is a move of last resort and will almost never be worth while. Much better, I think, to follow your approach.

Dick
"It is the mark of an educated mind to be able to entertain a thought without accepting it." Aristotle ((PSG, PSE & Fuji HS20 user)) Presentation Impact Blog

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