By: Tressa Robbins
Dan began with referencing a portion of United State Constitution, Article 1, Section 8, Congress shall have the power… “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. This is what sets up what copyright is, however in that statement is an inherent conflict, Dan commented.
We are all pretty familiar with the concept of Title 17, Subsection 106 of the United States code. This is the part that grants the owner of the copyrighted work the exclusive rights to do and authorize reproductions, copies, derivatives, etc. However, it’s Subsection 107 that tends to create confusion—the limitations on exclusive rights—fair use. There are four specific factors, that work together, which must be considered to determine fair use.
I can relate if you’re thinking, “I’m not a lawyer, how am I supposed to be expected to interpret this?” Legal-ese makes my head spin, but the way Dan explains it, with the examples he uses, helps it all to make a little more sense so I highly recommend you check out this short (under 30 minutes) webinar replay.
He focuses on the two points that we, as PR professionals, are most likely to be affected by. In addition, he references two specific copyright-specific court rulings on recent media monitoring cases. (Side note: BurrellesLuce has a copyright compliant article program and agreements with most major publishers as well as individual titles.)
Dan cautions that fair use is based on market conditions—as the market changes, so may the judicial rulings.
Webinar moderator, Johna Burke, who’s also AMEC North American Co-Chair and BurrellesLuce CMO, wrapped up with questions to Dan from the participants. He finished-up with some straight-talk about why you need to know these things, the most compelling of which was “so you don’t get sued” (but he had a lot other great answers as well).
I’ve enjoyed learning more about measurement (and copyright) the past couple weeks and hope you have too! As always, please feel free to share your thoughts and/or experience with others here in the comments section.