Posts Tagged ‘copyright compliance’


Copyright: Understanding Fair Use

Wednesday, October 5th, 2016

While this AMEC North America Measurement Week webinar was the first of the series, it will be my final recap post. I saved the best for last!

International AMEC board member, and License League COO Dan Schaible led this #AMECMM webinar to help us understand the complexities that surround copyright in the digital world we live in today. Copyright Fair Use

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.

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.

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.)

  • Purpose and character of use. Dan says the real defining question is: is the content used in a different manner or for a different purpose from that which was originally copyrighted? He read a portion of a 1990 legal article, written by two judges, dealing with whether the use is “transformative” (which is a valid defense). There is a lot of gray area here and it’s no wonder there’s so much confusion surrounding fair use! Dan claims that fair use is part of the law but some claim it’s only lawful in that it offers a defense to the end user should the use be challenged by the copyright holder.
  • Effect of the use upon the potential market or value. This is a little easier to understand. Dan says the defining question here is: what is the effect of the use on the copyright owner’s ability to exploit the value of their original work.  In other words, is how you’re using it taking potential money out of the owner’s pocket?

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.

How Do I Monitor Content Behind the Paywall?

Thursday, April 3rd, 2014
flickr user Horia Varlan under CC BY license

flickr user Horia Varlan under CC BY license

With the financial struggles of news organizations and the proliferation of free online content, paywalls are becoming commonplace. But how are you going to see all your coverage once all publications go paywall? As publishers have found new ways of monetizing their content, if you can’t get behind the paywall, it’s trickier to fully monitor your media mentions. As a monitoring service with licensing agreements, we are comprehensive and don’t face the legal woes and challenges of some aggregations services.

The Software & Information Industry Association (SIIA) has even devised a new initiative to ensure companies are properly accessing content, and in case anyone thought the industry wasn’t taking this seriously, they’re even offering anonymous rewards of up to $1 million to those who report illegal use of content.

But how are public relations practitioners supposed to get a comprehensive picture of their media coverage if they can’t see what’s behind the paywall?

Enlist a media monitoring service that has licensing agreements with publishers.

Services like BurrellesLuce that have a turnkey copyright compliance program ensure users see the full picture of their coverage by providing content from behind the paywall that other services can’t access. To name just one example, our agreement with The New York Times means that our users are the only ones seeing all channels of their content. We have long supported publishers by ensuring fair use, via royalty fees, of their content within the public relations community.

Why is it so important that PR pros choose a service with licensing agreements? Because you want service you can count on, both in knowing that the provider can alert you to all content about your organization and that you don’t have unnecessary liability exposure. You also don’t want to leave yourself or your organization vulnerable to legal action for distributing content without proper licenses (review our post about what you need to know about copyright compliance for more on how).

It’s also important to choose a service with licensing agreements because public relations relies heavily on the media to help get out messages, reach an audience, and tell a story. For all of our talk of community, each time we copy and use an article without consideration for the author or fair use, are we being true to our cause, or are we being pirates?

How has your organization dealt with licensing and compliance, and what further steps are being taken to ensure compliance?

Blogging, Copyright, and How to Attribute Images

Tuesday, April 1st, 2014
by flickr user opensource.com under CC BY license

by flickr user opensource.com under CC BY license

I’m teaching a class on blogging this semester at Southeast Missouri State University. As we discussed the importance of images in blogging and storytelling, I told the class, “Just because it’s on the Internet does not mean it’s free!” I explained that you must attribute any image you use back to its origin.  Unfortunately, that was not explanation enough and apparently caused confusion.  As I struggled to explain more thoroughly, I thought there have to be others out there with this same perplexity!

“The law automatically grants full “copyright” over any creative work a person makes unless otherwise stated.

Copyright law is incredibly complex. Adding to that complexity is the fact that most of the laws governing copyright were written long before the World Wide Web. Regardless, here are some tips and best practices.

If you are unwilling or unable to pay copyright royalties, you have essentially three options:

1. Use free public domain images.

2. Use Creative Commons® images.

3. Use your own photos or use images you’ve created (from scratch—you cannot modify someone else’s image and call it your own)

Public Domain

Copyright.gov explains that a work of authorship is in the public domain “if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.”

These types of images are ideal for blogging or educational use.  Works may also be public domain if their copyright has expired or if they are uncopyrightable. Even public domain images should be attributed to and linked back to the source. Two sources for finding public domain images are The Public Domain Review and The Getty Open Content.

Creative Commons

If you can’t find public domain images that fit your needs, you can use Creative Commons-licensed images – as long as you correctly attribute according to the terms of the license under which the image is offered.  Some Creative Commons images only require attribution and link-back, others are only available for non-commercial use, or may be used but not altered. This infographic by adityadipankar is a great “crash course” in Creative Commons:

What is Creative Commons?

by Folography.
Explore more visuals like this one on the web’s largest information design community – Visually.

There are a number of sites where you may find usable images.  Creative Commons and Wikimedia are two.  My personal favorites are Flickr and Google Images—but you have to filter on only those with a creative commons license. For example, on Flickr it’s at http://www.flickr.com/creativecommons/ but on Google, you have to go to the advanced image search and scroll down to “usage rights” and choose “free to use or share.”  Keep in mind, Google protects itself with the warning:

BurrellesLuce Fresh Ideas Image Attribution Google

So, you found a usable image but aren’t sure exactly how to properly attribute the photo? This blog post (by Peter McDermott) does a great job of explaining and demonstrating:

The bottom line when looking for images to use in your blog posts (or web page, portfolio, etc.)… as Benjamin Franklin said, “When in doubt, don’t! “

What sources do you use for finding images? What advice would you add?

U.S. Copyright Compliance Eyes Asia-Pacific

Monday, March 10th, 2014

BurrellesLuce US Copyright Compliance Eyes Asia-Pacific Fresh Ideas Tatjana JegdicA sweeping 12-country free trade agreement that is now being negotiated is much more than an attempt to open markets: It also has a significant copyright component. Trans-Pacific Partnership (TPP), in addition to opening the markets, represents an aggressive U.S. push to close the gaps in the intellectual property (IP) copyright and distribution protections.

The TPP’s IP/copyright agreement being negotiated could expand U.S. copyright standards to Asia-Pacific. It seeks to adopt US copyright restrictions on digital content for nations like Canada, Australia, Japan and North Korea. Ultimately, it could cover 40 percent of the world’s economy. TPP means PR pros face a future of an aggressive U.S. government push on copyrights internationally.

The Software & Information Industry Association (SIIA), the principal trade association for the software and digital content industries, is fully behind intellectual property rights in the TPP. SIIA encourages U.S. trade representatives to make the copyright portion of the agreement a priority, “Permit[ing] cross-border information flows, while ensuring that privacy and intellectual property rights are protected.”

The Intellectual Property Rights Chapter of TPP would have wide-ranging effects on publishers and internet providers. The TPP requires signing countries to protect a work, whether photographic, performance, or phonogram, for 70 years after the death of the person who created that work; for works by a “non-natural person” (whatever that is), the copyright be protected for “95 years from the end of the calendar year of the first authorized publication of the work.” Why does this matter to PR professionals? Because it extends the copyrights of intellectual property internationally, indicating just how seriously the U.S. government takes copyright issues.

Maira Sutton of Electronic Frontier Foundation says “copyright protections in the TPP would [also] empower internet service providers to police users’ internet activities [on behalf of publishers]. Therefore they could block or filter or even spy on users’ activities to supposedly enforce copyright.”

The Obama administration included part of the Stop Online Piracy Act legislation in the copyright chapter of TPP. SOPA, which meant to expand the U.S. law enforcement to fight online copyright infringement, was postponed by Congress in 2012.

If completed, TPP would remain open for any other country to join. Former U.S. Trade Representative Ron Kirk has welcomed China’s participation. “The area of ‘intellectual property’ is the key to billions of dollars in exports to China,” Kirk said. And China has already started indicating interest in TPP. Chinese participation would be game-changing not only because of the size of their market, but also because their poor track record on intellectual property.

Copyright compliance is a major issue in media monitoring and news aggregation. Content curators like BurrellesLuce that provide copyright compliance as part of their service will only continue to grow in importance.

The international IP developments around the TPP might also mean that recent domestic and cross-border copyright infringement cases will increase and will have more legal enforcement teeth behind them. In January, Dow Jones & Co. sued London-based Real-Time Analysis & News Ltd., a financial news aggregator service known as Ransquawk, for illegal distribution of the Dow Jones content without publisher consent. This case shows that copyright enforcement activity is not only confined to the U.S. information industry, but also crosses international jurisdictions.

The Dow Jones & Co. v. Ransquawk case looks very similar to the AP copyright infringement lawsuit against Meltwater, which AP won in May of last year. In recent years, Dow Jones also filed and received large settlement claims from other “hot news” misappropriation lawsuits like that against Cision.

BurrellesLuce – a curator, not an aggregator – of content has been a long-time supporter of making commercial use of news content with licensing agreements that pay publishers royalty fees. For close to 30 years we have worked with publishers to provide copyright-compliant content. We launched our turnkey compliance program in 2008. We strongly believe that news outlets must be fairly compensated for their content.

With our industry-unique service, our clients never have to worry about whether their access and use of media content is compliant or not. Thanks to our agreements with AP and thousands of other publishers, our small copyright royalty covers PR pros so they can legally share and use our digitized print clips and online news clips.

How are you protecting yourself and making sure you are on the right side of the expansionist U.S. copyright law? Do you think the TPP will bolster U.S. intellectual property rights?

Copyright Matters: Dow Jones Sues News Aggregator Ransquawk for Misappropriation

Friday, January 10th, 2014

Dow Jones Files Copyright Lawsuit Agains Ransquawk Ellis Friedman BurrellesLuceLast night, The Wall Street Journal reported that their parent company, Dow Jones & Co. sued Real-Time Analysis & News Ltd., a financial news aggregator service known as Ransquawk, for illegal distribution of the Dow Jones content without publisher consent.

Dow Jones claimed in its complaint that the London-based Ransquawk accessed the DJX newsfeed, which Dow Jones’ real-time financial news subscription service, and republished the content “verbatim, within seconds” of its publication. Ransquawk’s website says that it provides live news headlines in a 24-hour scrolling news feed, as well as real-time audio with breaking news and instant analysis, drawn from over 100 news sources.

In a statement on the Dow Jones Press Room, Jason Conti, SVP, general counsel and chief compliance officer, wrote that Dow Jones “refuse[s] to sit back when others swoop in to swipe our content.” He also claimed that Ransquawk is “systematically copying, pasting, and selling our journalists’ work.” There’s not much of a reply from Ransquawk; chief executive and co-founder Ranvir Singh said only that, “We obviously strongly deny any accusations made against us by Dow Jones … we will only be in a position to make a statement tomorrow.”

As we discussed on Monday, copyright compliance is a primary concern in media monitoring and news aggregation. This case looks to be very similar to that when the Associated Press filed a lawsuit against Meltwater for copyright infringement, a case which the AP won.

Why Ransquawk didn’t take notice then, we’ll never know, but they certainly shouldn’t be surprised at the lawsuit given that in recent years Dow Jones filed – and received large settlement claims from – other “hot news” misappropriation lawsuits against Briefing.com and Cision.

Once again, BurrellesLuce is not an aggregator but a curator, and we negotiate licensing fees with our providers to ensure our content is copyright compliant. We strongly believe that news outlets must be fairly compensated for their content, which EVP Johna Burke blogged about just three days ago. PR pros rely on content generated by high-caliber content produced by the AP, Dow Jones, and other providers not just for those valuable media mentions, but also for measurement purposes. In their need to be on top of the news, PR pros should protect the content they need and value by using services that respect and compensate the very publications that produce that content.

So many of us are committed to “community” nowadays, but where would the PR community be without journalism? Media and PR may be separate yet tandem communities, but they are part of the same ecosystem, and without balance on both sides, that ecosystem will crumble.