Copyright Infringement: What Is It And How Do We Avoid It?

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• Copyright infringement
• What is it and how do we avoid it?

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• One of the most common issues that arises with
  music and copyright lawespecially when used in
  film or televisionis whether a license or
  special permission is needed.
• The following slides will illustrate the
  precarious realm of copyright infringement and
  how you can avoid falling victim to it.

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Explaining copyrights

• Authors of original creative work are
  automatically provided a form of legal protection
  over their work in what is known as a
  copyright. These original works can include,
  but are not limited to music, literature,
  photography, etc.
• Under United States copyright law, the
  author/creator of the original piece of creative
  work is generally granted an exclusive right to

• Reproduce or distribute the original piece of
  creative work to the public
• Develop other pieces of work based on the
  original work
• Display or perform the work in a public setting

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How does it work?

• Though copyrights can come in the form of legal
  documents, once a tangible form of expression is
  created (i.e., a recorded song or written
  lyrics), it is automatically copyrighted, so long
  as it is an original work of authorship.

Works that are not in a fixed form, such as an
idea in your head or an improvised song between
you and a friend, are not protected by copyright.
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Who owns the copyright in recorded music?

• This is where things start to get a little
  tricky. If a person writes a song and records it
  himself or herself, that person owns the rights
  to the song.
• Professionally produced music, however, can have
  many different owners at once, including
• The songwriter
• The performer
• The producer
• The record label
• The publisher

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Copyright infringement

• Using work that is protected under copyright law
  without the authors consent is referred to as
  copyright infringement. This includes
  distributing, reproducing, performing or
  displaying protected pieces of work.
• If a person or entity, such as a business, is
  found guilty of copyright infringement, they
  stand to face a steep fine for damages and
  profits, as well as potential jail time,
  depending on the severity of the infraction.

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How to avoid copyright infringement

• There are a few creative ways to avoid
  overstepping the boundaries, such as
• Public domain works (i.e., unlicensed material or
  materials released under Creative Commons)
• Fair use (utilizing the creative work for
  teaching, critiquing, reporting and researching
  purposes)

Though these are both viable options, they can be
quite risky if utilized without proper research.
If you are unsure if something is protected by a
copyright, chances are it probably is. Also, you
will want to read the fine printsometimes the
work will have licensing limitations.
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The Safest solution

• Of course, there is really only one safe solution
  to this problem, and that is by obtaining
  permission or a license from the owner of the
  copyright.
• By legally acquiring the rights to artistic
  materialwhether directly through the owner or
  via a third partyyou will not need to worry
  about suffering any of the consequences that
  accompany illegal usage of someone elses
  intellectual property.

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• Copyright infringement is a very intense subject.
  Not only does it cost the owner/creator potential
  financial gain, but it can also put the violator
  in a very unfortunate legal situation.
• Luckily, with the help of some simple principles,
  and a little responsible research, you will be
  able to save yourself from breaching the dreaded
  copyright law.

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About Us

• Founded in 1998, Ricall operates one of the
  worlds largest online music research and
  licensing marketplaces. The Ricall Professional
  music licensing platform brings together music
  rights owners and media creators to facilitate
  the use of music across all projects. Ricalls
  mission is simpleto take away the headache
  associated with licensing any type of music for
  use in commercial and personal video productions.
• For more information, please visit ricall.com