Monday, July 26, 2010

Answers

What is Copyright?

Copyright is a type of legal protection for people who produce thing like images, writing, music and films. It is a legal right to prevent others from doing certain things. (such as making a copy of the item and putting it online) with out permission. Copyright allows artist's to make money off their labor. It also presents others from taking their work for free. It also prevents people from altering the work without permission.


Who is liable for an infringement of copyright?

The person who used your copyrighted material without your permission.



What is fair use?

Use of material for critisism, comment, news, reporting, teaching and research. Limitations apply; this includes consideration of, purpose, nature amount and sustainability and the effect of the use on potential value of work.


Does it exist in Copyright Law Assignment?
Uses wich are covered under limitation and execptions to copyright, do not require permission from the copyright owner.


What parts of a website are subject to copyright?

The content of the webiste, logo and images. Songs that belong to you.



Does a hyperlink on my site to another site raise copyright issues?
No, you are only making a link to the page rather than displaying information from that website on your website.



When do you need clearance?

Clearance is obtaining a right from the rightholder. This is often done through a letter or a financial transaction. Clearance is needed when you would like to an extract of some one elses work or a picture. Copyright clearance must be obtained. Copyright clearance means you have permission, from the copyright holder to use the resources as an OER.

When requesting copyright materials you need to be specific about which materials you would like to use and how you will be using them. You should also indicate that you are contacting them because you believe they are the copyright holder.




Is Indigenous material covered by copyright?
Yes


Who do you need clearance from?

Clearance from the person/persons who own the image or information. It is also a good idea to get the person that is giving you the clearance gives a warrranty stating that are the copyright owners and they are entitled to grant you the clearance.


Are there more owners that you need permission from?
If the item is from a business and multiple people contributed towards the product then yes you will need to get all of those peoples permission.



What is rights management and how does it work?
Rights management can include keeping an inventory of all material on the site, plus who owns it and the copyright clearance conditions that relate to it.


When creating new material what must you do to protect your legal rights?
A creative work is protected from the time it is first wirtten down or recorded.
Provide that it has come from you with your skill and effort and not copied from some one elses work.


What work is not copyright protected?
  • Unfixed works
  • Titles and names(songs and movies), slogans and short phrases
  • Simple product lettering or colouring
  • Listing of product ingredients or contents

What do you do when there is "Unauthorised use of your material"?

When some one has used your material without you authorization , you can send the person a letter of demand. The letter should contain information along these lines:

  • Make the person aware that you are the creator and copyright owner of the work
  • Outline that as the copyright owner you have exclusive rights to the material
  • Explain how the person has infringed these rights
  • Outline how you would like to handle the situtation
  • Advise them that if an adequate response is not recieved by a specified time then you have the right to start legal action
  • Provide a dociment which can be used as eviden in any court proceedings to provide that you informed the recipients of your rights and you gave them the chance to rectify the breach.