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Certificate IV in Digital Media 7872

Copyright and Royalties 7810a

Teacher: Tony Whittingham
Subject purpose:
To apply the skills and knowledge necessary to protect creative work and performance from unauthorised use.

Specifically, you should be able to:
1.Identify copyright issues for the protection and exploitation of products,  2. Ensure that copyright protection on creative works or performance is adequate locally and internationally, 3. Assign copyright of creative works or performance,  4. License rights to creative works or performance, 5.Comply with conditions of copyright agreement.

 

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Modules 1  2  5 

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Module 1

Introduction to Copyright - Issues, Protection and Exploitation

OVERVIEW:.Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. This means that if you can see it, hear it and/or touch it - it may be protected. If it is an essay, if it is a play, if it is a song, if it is a funky original dance move, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected. Copyright laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly. Exclusive means only the creator of such work, not anybody who has access to it and decides to grab it.  

OBJECTIVES:

On completion of this module, you will be able to identify issues associated with the protection and exploitation of copyright.

ACTIVITIES: Refer to the class exercises for:
1. Copyright Issues:
PowerPoint presentation for company staff,

2. Copyright Applications: Memo to company staff,
3. Copyright Information: "Copyright Issues" blog site guidelines for designers.
 

REFERENCES:
Australian Copyright Council's Online Information Centre
http://www.copyright.org.au/

Have some fun by reading this comic to introduce copyright issues.
http://www.playitcybersafe.com/pdfs/Curriculum-CC-2005.pdf

Understanding copyright on the Internet
http://smallbusiness.ninemsn.com.au/article.aspx?id=20461
What is copyright protection?
http://www.whatiscopyright.org/
The rights of copyright holders with a wide range of links relevant to copyright in Australia

http://www.whatiscopyright.org/
Copyright links with an emphasis in digital media.
http://www.whatiscopyright.org/

This handout will help you solve you memo-writing problems by discussing what a memo is, presenting some options for organizing memos, describing a the parts of memos, and suggesting some hints that will make your memos more effective.

http://owl.english.purdue.edu/handouts/pw/p_memo.html

DISCUSSION:

Copyright protection begins when a "work" is actually created and fixed in a tangible form. What are the tangible forms that digital media products can take?

 

Module 2                                                                                                return to menu

 Copyright Protection - Local and International                      

OVERVIEW:

Material is automatically protected by copyright in Australia, under the Copyright Act 1968. Although it seems surprising, there is no requirement to register copyright in Australia or in most other countries. You do not need to register, or go through any formal process, before your material is protected by copyright.

Australia is a party to a number of international treaties dealing with copyright. These treaties ensure that member states agree to extend the same copyright protection to works first published in, or created by nationals of, other member states. This usually includes moral rights. “Moral rights” are the rights individual creators have in relation to copyright works or films they have created. Moral rights are separate from the “economic rights” of the copyright owner, such as the right to reproduce the work or communicate it to the public. The creator of a work, who holds moral rights, is not necessarily the owner of copyright in the work.

OBJECTIVES:
On completion of this module, you will be able to ensure that copyright protection on creative works or performance is adequate locally and internationally.

ACTIVITIES: Refer to the class exercises for:

1. Copyright Issues: PowerPoint presentation for company staff,

2. Copyright Applications: Memo to company staff,
3. Copyright Information: "Copyright Issues" blog site guidelines for designers.
 

REFERENCES:
"
10 Big myths about copyright explained."
http://www.templetons.com/brad/copymyths.html

Permission, Attribution and clearance in graphic arts

http://www.arts.monash.edu.au/ncas/multimedia/copyright/graphic/info.html
Permission and clearance in photography

http://www.arts.monash.edu.au/ncas/multimedia/copyright/photo/info.html
copyright of graphics and images
http://www.eddept.wa.edu.au/cmis/eval/curriculum/copyright/copy6.htm
WWW specific issues
http://www.uq.edu.au/~uqgdemps/copyright.html
Copyright protection for musicals and plays

http://www.mavmuse.com/guides.asp?incpage=1

DISCUSSION:

What are the key points for copyright protection of a graphic designer's works.

 

Module                                                                                                  return to menu

 Copyright Assignment                   

OVERVIEW: Copyright owners can assign any or all of their rights.
If you assign rights, someone else becomes the owner of those rights. Licensing, on the other hand, permits another person to use the copyright material while leaving you as the copyright owner. Assignments can apply to all the rights in the material, or to just one or some of the rights.  Assignments  must be in writing and signed by or on behalf of the copyright owner to be fully effective.

OBJECTIVES:
On completion of this module, you will be able to describe processes for assigning copyright of creative works or performances.

ACTIVITIES:

Refer to the class exercises for:

1. Copyright Issues: PowerPoint presentation for company staff,

2. Copyright Applications: Memo to company staff,
 

REFERENCES:
About contracts for web designers
http://www.ivanhoffman.com/written.html
Copyright for corporations - from CAL collecting society
http://www.copyright.com.au/info%20sheets/LI05_copyright%20for%20corporations.pdf

More about contracts
http://www.ivanhoffman.com/standard.html
Graphic arts case studies
http://www.arts.monash.edu.au/ncas/multimedia/copyright/graphic/case.html

DISCUSSION:

What are the benefits from having a contract for copyright rights?

 

Module 4                                                                                             return to menu

 Copyright Licensing                    

OVERVIEW: Designers may give a license to reproduce their designs, but keep all other rights. In addition, a copyright owner may restrict a license to particular countries, a specified period of time time, use in a particular format (such as print only), a specified number of copies, or any combination of these. A copyright owner may also require certain conditions, such as payment, as part of their agreement to license rights. If possible, all transactions relating to copyright licensing should be in writing.

OBJECTIVES:  On completion of this module, you will be able to describe processes for licensing rights to creative works or performance.

ACTIVITIES: Refer to the class exercises for:

1. Copyright Issues: PowerPoint presentation for company staff,

2. Copyright Applications: Memo to company staff,
3. Copyright License: Create a copyright license form for use by a company.

 

REFERENCES:
The complexities of licensing
http://www.ivanhoffman.com/licensing.html

Details of an organisations licensing procedures and forms
http://www.hydro.gov.au/hydro-data/licensing.htm
A copyright licensing checklist
http://www.aesharenet.com.au/backgroundInformation/021checklist.asp

CAL's standard licensing form
http://www.copyright.com.au/info%20sheets/Corporate_Licence2004.pdf

Information on CAL's licensing schemes

http://www.copyright.com.au/licensing.htm

DISCUSSION:

What are the issues to consider when developing a copyright license form?

                                                                                   

Module                                                                                              return to menu

 Copyright Compliance and Digital Rights Management                      

OVERVIEW:

A digital rights management (DRM) system provides information about rights and rights holders to enable the management of copyright material and compliance with the terms and conditions on which it is made available to users. In more formal terms DRM has been described as  'a way of addressing the description, identification, trading, protection, monitoring and tracking of all forms of rights usages over tangible and intangible assets, including management of rights holders' relationships.' For individual creators DRM may be as simple as setting up a spreadsheet which identifies the rights and rights holders associated with particular works and keeps track of their use. Or it might be an online or offline rights register  in which the rights and consents associated with copyright material are recorded and made available to users.

OBJECTIVES:
On completion of this module, you will be able to comply with conditions of copyright agreement.

ACTIVITIES:

Refer to the class exercises for:

1. Copyright Issues: PowerPoint presentation for company staff,

2. Copyright Applications: Memo to company staff.
 

REFERENCES:
A detailed explanation of digital rights management

http://www.dcita.gov.au/drm/1976.html
An example of a creator's spreadsheet
http://www.dcita.gov.au/drm/2022.html
A rights management flow chart
http://www.dcita.gov.au/drm/2026.html

DISCUSSION:

What are the issues for a web development company considering introducting a DRM

 


 

Assessment                                                                                         return to menu

 Grade Code:      72 
* This is a Category D assessment.

* Student Records requires a Class Mark only.
* The Class Mark is locally set and locally marked.
* Results are reported as DISTINCTION, CREDIT, PASS, FAIL.
GRADE                 CLASS MARK (%)
DISTINCTION        >= 83
CREDIT                >= 70
PASS                   >= 50
All other cases FAIL
(>= means a mark of "more than or equal to")

Assessment Events:

In addition to an overall pass in the module, students must pass each assessment
event where there is a "yes" in the "must pass" column.

 

 Number

 Name

 Outcomes/Timing

 Weighting

 Must Pass

 

 

 

 

 

  1

 Written/Oral Exam                      

 1,2,5    

 25%

 Yes

  2

 Group Role-Play                        

 3        

 15%

 Yes

  3

 Written Assignment 1                   

 2,3      

 30%

 Yes

  4

 Written Assignment 2                   

 2,4      

 30%

 Yes

 

Assessment Events' Comments:
Event 1:
SCOPE:
An exam testing knowledge of copyright principles, sources of information, and appropriate document handling strategies.
PASS CRITERIA:
· knowledge of basic principles and definitions demonstrated
· knowledge of expedient sources of information
· knowledge of appropriate document handling strategies

Event 2:
SCOPE:
Each learner to take part in a number of different scenarios, assuming different roles, as determined by the facilitator. Scenarios might include:
· an ensemble determining appropriate royalty percentage points for members,studio musicians, producer, and so on;
· discussions with a publisher in dividing up the different types of copyright
· discussions with a film producer/director seeking synchronisation rights.
PASS CRITERIA:
· evidence of an understanding of the rights of all parties in such.
· ability to negotiate
· ability to resolve potential problems in discussion
· ability to communicate ideas and information
· ability to plan and organise activities
· working with others and in teams

Event 3:
SCOPE:
Each learner to research strategies for appropriate copyright protection for
original material, and make a case-study of original works in an ensemble
situation, and the contracts under which they are bound.
PASS CRITERIA:
· ability to collect, organise and analyse information
· ability to communicate ideas and information
· ability to plan and organise activities
· ability to register and protect copyrighted works
· understanding of the principles of assignment and licensing
· ability to conduct business negotiations in an equitable fashion
· understanding of contracting principles

Event 4:
SCOPE:
Each learner to research strategies for the licensing of original copyright
material in multimedia productions (such as music for film) and make a case
study of such a circumstance, analysing the contracts that apply.
PASS CRITERIA:
· ability to collect, organise and analyse information
· ability to communicate ideas and information
· ability to plan and organise activities
· understanding of licensing agreements in a range of contexts
· appropriate license contract conditions appropriately negotiated
· ability to conduct business negotiations in an equitable fashion

 


 

Module Details                                                                                     return to menu

Learning Outcome  1:
On completion of this module, the learner should be able to identify copyright
issues for the protection and exploitation of products.
ASSESSMENT CRITERIA:
1.1 Apply knowledge of Copyright Act to products in terms of;
    · protection against unauthorised use on own and other's works
    · commercial exploitation of own work under copyright intellectual property and licensing legislation
1.2 Seek advice, as required, to ensure that copyright issues are fully addressed in terms of own rights and the rights of others

Learning Outcome  2:
On completion of this module, the learner should be able to ensure that copyright protection on creative works or performance is adequate locally and internationally.
ASSESSMENT CRITERIA:
2.1 Undertake all procedures necessary to ensure that created material are protected at local and international levels against illegal or unauthorised reproduction of work, or parts of work:
    · in printed or recorded media
    · in live performance
    · in television, cable transmission or online media
    · in any media for advertising, or screen for other purposes
2.2 Undertake all procedures necessary to ensure that work is protected at local and international level against adaptations of work whether printed, live or in any electronic media.
2.3 Undertake research and/or obtain reliable legal advice where necessary to ensure that artists'/copyright owners' rights are protected.

Learning Outcome  3:
O
n completion of this module, the learner should be able to assign copyright of creative works or performers.
ASSESSMENT CRITERIA:
3.1 Undertake strategic planning of negotiated deals for works/performances with an understanding of the difference between assignment of copyright and licensing.
3.2 Assign copyright for composers and/or performers only where artists are aware of all implications.
3.3 Confirm and agree with all relevant parties the degree to which artists and publisher may control the use and exploitation of work under assignment of copyright.
3.4 Ensure that the terms of assignments of copyright are written accurately into a formal contract that is available for legal advice where required, and understood and signed by all relevant parties.

Learning Outcome  4:
On completion of this module, the learner should be able to license rights to
creative works or performance.
ASSESSMENT CRITERIA:
4.1 Confirm and agree to the territories in which the licensing rights may be exercised with all relevant parties.
4.2 Confirm and agree to the timeframe of the license with all relevant parties.
4.3 Confirm and agree to the terms of exploitation of the work/license with all relevant parties.
4.4 Ensure that creative control of the work, including to what extent and how it may be recast, is confirmed and agreed by all relevant parties.
4.5 Ensure that fees are negotiated whether outright fee, royalty, or a combination of both, relevant to the context of the deal.
4.6 Ensure that responsibility for enforcement of the copyrights against infringement are confirmed and agreed.
4.7 Ensure that all terms relating to the licensing deal are written accurately, confirmed and signed by all relevant parties.

Learning Outcome  5:
On completion of this module, the learner should be able to comply with conditions of copyright agreement.
ASSESSMENT CRITERIA:
5.1 Maintain documents relevant to the copyright agreement in a secure and accessible form allowing for retrieval where required.
5.2 Undertake all responsibilities to ensure compliance with the conditions of the copyright agreement as and when required.

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