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Exclusive Rights

Uncover the Facts of Reproduction by Libraries and Archives

Uncover the Facts of Reproduction by Libraries and Archives

It is not considered to be
copyright infringement
 for a library or archive to
make one copy of a phonorecord. Protection extends down to the library or
archive’s employees. The reproduction of the phonorecord must not be for
commercial gain, directly or indirectly. To not infringe on copyright rights of
a creator, a library or archive that creates a copy of a work must open that
work to the public as well as anyone performing research in a field related to
the copied work. A notice that the work is copyrighted must be included on the
original and the copy of the work. The copy must clearly state that the work is
copyrighted and may not be illegally used or copied for financial gain.

Phonorecords may be copied no more than three times by a library
or archive for preservation purposes. To not impede any copyright rights, the
copied material must have already been in the collection of the library or
archive. Any phonorecord that is reproduced in digital format cannot be
distributed outside of the library in that format. The public is not allowed
access to the coped digital recording outside the library.

If the original phonorecord is
lost, damaged, or stolen the library must attempt to purchase another original
copy. This is to ensure the creator is receiving their exclusive rights of
ownership. An exception may be made if an original copy cannot be obtained at a
reasonable price. The copies made into digital format cannot exist outside of
the library.

No library employee shall be subject to copyright infringement if
they are using machines that are capable of making copies as long as they are
following copyright laws and the machines they use clearly show the material
copied is copyright protected and the exclusive rights belong to the creator.
Any use of a copy machine for use outside the library, whether it be for
financial gain or not, is illegal. The reproduction by libraries and archives
shall not affect in any way the laws of fair use copyright.

Any misuse of a copying machine is the fault of the person doing
so, not the entire library. Commercial gain based on the copying of
phonorecords in the current archives of a library is illegal. An original copy
must be maintained especially if the price to acquire the original copy is
reasonable. The rules set forth for the copying of a phonorecord by a library
or archive only apply to sound recordings. Literary works, graphics and
pictures have a different set of rights that come with ownership of those
things.


What You Need to Know About Reproduction for the Disabled

What You Need to Know About Reproduction for the Disabled

Copyright Exceptions for the Disabled

Copyright exceptions may be made concerning the reproduction of copyrighted
material to be viewed by the blind or other people living with disabilities.
The reproduction of copyrighted material must be performed by an authorized
entity. The authorized entity will have the right to produce and distribute the
altered copyrighted material to be viewed by those with disabilities.
Phonorecords or literary works that are to be distributed to the disabled must
be:



         Not reproduced or distributed in a format that is not
specially made to be enjoyed by a disabled person;


         There must be a notice that any further reproduction or
distribution of the material in anything other than the specialized format is
not a copyright exception; and


         There must be notice of copyright which includes the
copyright owner and the original date of publication.


These copyright exceptions do not apply to computer programs, norm-related
referenced tests
, or other testing material except for the
portions of those things that use conventional human language.

Print instructional materials that are to be used in elementary or secondary
schools may be altered to be used by disabled children if:



         The inclusion of said materials are required by the State or local educational agency;


         The publisher already had the right to publish print
instructional materials; and


         The publisher uses their right to reproduce material
solely for the purpose of serving disabled children.



Accepted Specialized Formats

Formats that are accepted as alterations to an original work are considered
copyright exceptions if they consist of: Braille, audio text, or digital text to serve the blind or other disabilities, and large print formats may be used to serve those with
impaired vision.

Secondary Transmission Overview

Secondary Transmission Overview

Secondary transmission is not an infringement on copyright if the signal being transmitted is not from a cable system. The transmitting of signals must be made by hotel management, an apartment or similar establishment. The broadcast signals must be transmitted by a broadcast station licensed by the Federal Communications Commission. No direct charge can be made to view the secondary transmission and the viewing may not extend beyond the establishment providing the displayed work. If those responsible for the secondary transmission have no control over what is broadcast other than supplying wires, cables or other communication devices, they cannot be held responsible for what is displayed on the transmission.
Satellite companies may display secondary transmission due to a statutory license agreement that was signed. Governmental bodies or non-profit organizations may display secondary transmission as long as it is not for a commercial or personal financial gain. Money earned can only go toward maintaining the ability to transmit signals.
Secondary Transmission to a Group

The secondary transmission of a work being displayed on a primary transmission is illegal if the copyrighted material set for display on a primary transmission is meant to only be broadcast to a controlled group. The secondary transmission to a group may be allowed if:
         The primary transmission is being broadcast by the FCC;
         The carrying of signals on a secondary transmission is required by the FCC; and
         The secondary transmitter does not in any way alter the primary transmitter.

Secondary Transmissions by Cable Systems

Secondary transmission by cable system requires a license from the FCC and the secondary transmitters must comply with the rules and regulations set by the FCC. Displaying copyrighted work on a secondary transmission is subject to penalty under copyright infringement laws if the transmitting of signals is not permissible by the FCC and its rules and regulations. Also, the secondary transmitting of signals is subject to penalty if the secondary transmitters have not paid the required statement of account and royalty fee.
The alteration of any commercials or other paid for ad space while transmitting on a secondary line is against the law. Researchers and companies have compiled information that has led them to choosing specific audiences and time slots to broadcast their commercials or public messages. Altering these messages is not permissible. Transmitting signals to areas that are not meant to receive the signals is also against the law and breaches the FCC agreement.

Non-Simultaneous Secondary Transmissions by Cable Systems

Non-simultaneous secondary transmissions by cable systems is not permissible by law unless:
         A program on videotape is not displayed more than one time to cable subscribers;
         The broadcast is not altered in anyway and the commercials are left as they were;
         The owner of the cable system takes extra measures to assure the videotape is not duplicated or transmitted again in any way possible. They are responsible for the destruction of the tape upon completion of broadcasting the tape; and
         The secondary transmission must take place when the Federal Communication Commission says it should take place.

What are Background Exclusive Rights

What are Background Exclusive Rights

The English were the first to use copyright. Rights for
copyrighted material were given by the British Parliament by the Copyright Act
in 1709. Since then, many copyright conventions have been held and treaties
were created to determine how rights and ownership for copyrighted material
would be determined. After many years and debate, the strongest and most
recognized copyright laws are the World Intellectual Property Organization
(WIPO). The WIPO evolved from the Berne Convention which took place in 1886 in
Switzerland.

Exclusive rights may be granted under copyright law.
Exclusive rights give total control and ownership of a copyrighted material
 to the author and creator of a copyrighted original work.
Once something is created in a tangible form, that creation has a copyright.
Rights existing under copyright law give creators of a work the exclusive
rights to that work. Works that can be copyrighted include:

         Songs
or sound recordings

         Literary
work

         Picture,
sculptures and graphics

         Dramatic
works

         Pantomimes
and choreographic works

         Motion
pictures and other audiovisual works

         Architectural
works

The above
works are all considered the property of their creator. While they are not
properties like a house and car are someone’s property, they can be just as or
even more important than those properties to their creator. Once one of those
works are put into a tangible medium, they are the property and copyrighted
material of their creator or author. No copyright applications or forms need to
be filled out to obtain a copyright.

In the
past forms or a notice of copyright was needed, but that is no longer the case.
Creation and the ability to see or hear the work in its complete form is all
that is needed to own the exclusive rights and reap the benefits of whatever
may come about from being the creator and exclusive rights owner of an original
work.

Copyrights fall under the term “Intellectual Property”. A person in
possession of intellectual property is entitled to the financial benefits that
come with being the owner of such a property. Owning intellectual property does
not allow anyone except the creator of the property to profit off the property
without the consent of the creator. It is also against the law to use
intellectual property in a way that would prevent the creator from profiting
off their work.

To use a copyrighted material in a way that would infringe upon a copyright
owner’s rights is known as copyright infringement.
Copyright infringement can include selling copyrighted material, producing or
distributing material and altering copyrighted material.

Understanding Attribution and Integrity

Understanding Attribution and Integrity

The creator
of an original piece of visual art is entitled to claim the exclusive rights of
ownership of that work and not have their name associated with any piece of
visual art they did not create. Any mutilation or modification that brings down
the value or integrity of a piece of original art will no longer be associated
with the original creator of that piece of visual art. This is to prevent false
attribution from bringing down the honor or reputation of an artist.

Under copyright law, an
artist is free from preventing the intentional mutilation or loss of integrity
to a piece of their art to purposely bring down an artist’s reputation. Intentional
acts of that nature are against the law.

Attribution rights extend only to the author of a piece of
original work. If a work of art has two authors, they are considered co-owners.
Authorship and its exclusive rights
 extend to both creators. If the copyright is owned by
someone other than the creator, the rights of authorship discussed above still
belong to the original creators.

The
modification of a piece of art can legally take place without attribution given
to the original creator of art if it occurs by means of time passing or the
natural deterioration of the materials takes place. Modifications to repair the
art are not considered mutilations and are not illegal. Usage of lighting that
may slightly change the appearance of a work of art is also not considered to
be mutilating or altering an original work.

Exclusive rights given to creators of art last for
the duration of their lives. If there is more than one creator, the exclusive
rights last until the last remaining creator’s death. There may be no transfer
of rights if an creator chose to do so. However, an creator can make a claim to
waive all of their rights to a piece of art.

To no longer
accept attribution for a piece of art, an instrument must be signed and
information regarding the art must be detailed in the written statement. The
art must be clearly identified and the expression to give up attribution must
be inserted. A work of art that has more than one creator and is given up by
one creator is then given up by all creators.

A waiver of
rights does not allow for a transfer of rights to another person. Even the
transfer of copyright ownership does not grant the new owner any of the
original rights afforded to the original creator. Also, copies of a piece of
art do not grant any exclusive rights ownership to an owner of a copied piece
of art.

Exclusive Rights Explained

Exclusive Rights Explained

Exclusive rights are granted to anyone who creates a work that is expressed in a tangible medium. Once that work is expressed in a tangible medium, it is copyrighted. Under current United States copyright laws, no paperwork or notice of copyright is needed to copyright an originally created work.
Once a copyright belongs to a creator, they are the only people who may financially benefit off the creation unless they grant consent to another person or company. Works that may be copyrighted which will give a creator exclusive rights to all aspects of the work include:
         Songs or sound recordings
         Literary work
         Picture, sculptures and graphics
         Dramatic works
         Pantomimes and choreographic works
         Motion pictures and other audiovisual works
         Architectural works
Aside from financial benefits, non-creators do not have the right to produce or distribute copies of a copyrighted work. Mutilations of any kind that may or may not make a copyrighted work recognizable are also illegal. Illegal actions concerning copyrighted material are referred to as copyright infringement and those who commit copyright infringement will be subject to penalty under the law.
Background
Exclusive rights were first granted to a copyrighted work in Britain in 1709 after Parliament passed the Copyright Act. Other conferences and treaties that helped pave the way for copyright laws include the Buenos Aires Convention, the Berne Convention and the Universal Copyright Convention. These conventions set up treaties that declared copyright rules regardless of national origin for all members who signed on to the treaty.
The works listed above are the intellectual property of their creator. Only the creator is entitled to benefit from the works. If a work is original and it is created in a tangible form such as a story written on paper or a song recorded onto a phonorecord, that work is immediately copyrighted. The stealing of intellectual property is against the law.
There are some copyright exceptions that prevent infringement from being committed. Libraries may not produce more than a certain number of copies of a copyrighted work. They also must have an original copy of a copyrighted work if it is reasonably priced. Movies or other transmissions may be broadcast to a crowd but there are limitations on the space available for viewing. 
Excerpts or clips may be used for fair use. Fair use includes critiquing, reporting and educational reasons. Any copyright exceptions may not be used to create a personal financial gain, but simply covering the costs to produce copies or cover educational or basic production costs are permissible.
Attribution and Integrity 
Fair Use           
A use must not be for commercial gain. Educational usage must be not for profit. The nature of the copyrighted work comes into play. For instance an author that intends to profit off an educational book will not want their main target demographic receiving free copies of the material even if it is for educational purposes. 
The amount of copyrighted material used must also fit guidelines. Once again, an entire book cannot be copied for each student to use. Also, a book critic may not publish an entire book in a newspaper or a movie critic may not play an entire movie on their review show. This directly takes profit away from a creator. Fair use copyright may not have an ill effect on the market value of a piece of original work.
Libraries and archives are entitled to make no more than one copy of a phonorecord. The copy must be made from an originally purchased phonorecord as long as the price is reasonable. The reproduction of of the sound recording must not be for financial gain of the library or archive. There must be clear notice of copyright on the original or copied version of the phonorecord, stating the name of the creator and when it was copyrighted.
The copied material must not be intended for use outside the library or archive by a public person. Transferring the phonorecord digitally to others outside of the library is copyright infringement. The library or archive is responsible for making sure its own employees do not illegally duplicate or produce numerous copies of a work. 
Illegal use of a copying machine concerning a phonorecord is the fault of the person alone, the entire library or archive will not be held responsible. These rules only apply to phonorecords. Literary works, graphics and pictures fall under a different set of reproduction rules.
Exemptions of Certain Performances 
Classrooms and Other Settings
Any work intended to be used in a classroom setting and create a profit for the author and is unlawfully obtained is considered copyright infringement. If the work is obtained legally, only a portion of the work should be given out to students. If the entire work is copied and used, that is infringement. If a governmental body or school uses a copyrighted work, the use must be educational. 
The use must also be limited to the classroom in which it is being used. Any use that extends beyond the classroom or serves as a means of financial gain is copyright infringement and impedes on a creator’s exclusive rights. Religious copyrighted content can only be displayed in places of worship when displayed in front of groups of people.

Performances
Performances of literary works such as school plays cannot be for profit. If a charge at the door is applied it must go toward funding for the school, charity, or cover some minor necessary production costs. Any personal profit gained is infringement. A copyright owner may take away the right of an establishment such as a school to perform an original work regardless of any financial details. The written letter of objection must come at least seven days before the performance and state the reasons for objection. The letter must conform to the guidelines set forth by the Register of Copyrights.
Public Viewing
Copyrighted material put on display in a private home cannot come with a charge to enter the home to view the work. Non-food and drink establishments can only display copyrighted work through six loudspeakers and no more than one television screen per room. Screens may not exceed 55 inches. Only 2,000 gross square feet may have an accessible view or the sound or visual. Food and drinking establishments must follow the same rules except they are allowed 3,750 gross square feet of accessible viewing.
Secondary Transmission 
Reproduction for the Disabled may not be reproduced or distributed in a format that is not specially made to be enjoyed by a disabled person. There must be a notice that any further reproduction or distribution of the material in anything other than the specialized format is not a copyright exception. There must be notice of copyright which includes the copyright owner and the original date of publication.
Formats that are accepted as alterations to an original work are considered copyright exceptions if they consist of: Braille, audio text, or digital text to serve the blind or other disabilities, and large print formats may be used to serve those with impaired vision.