Laws and Regulations With the growth of communication, federal laws and regulations were created to control various media so that those media are not used in a negative way. These rules limit many communication efforts. These regulations are designed to protect you. Various laws ensure that the public is being served fairly. The Federal Communication Commission, or FCC, regulates radio, TV, and telephone communication. Other governmental agencies control the publishing industry. The results of these regulations are quite evident. Tobacco advertisements cannot be broadcast on television or radio, obscene language is not allowed in most media, and advertisers may not show alcohol being consumed on TV commercials. These regulations help to protect society from what is considered harmful.
What Is Copyright? Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
To reproduce the work in copies.
To prepare derivative works based upon the work.
To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works.
To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.
In the case of sound recordings, to perform the work publicly by means of a digital audio transmission. It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use.” In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. Mere ownership of a book, manuscript, painting, or any other copy or does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
What Works Are Protected? Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyright able works include the following categories: 1. literary works; 2. musical works, including any accompanying words 3. dramatic works, including any accompanying music 4. pantomimes and choreographic works 5. pictorial, graphic, and sculptural works 6. motion pictures and other audiovisual works 7. sound recordings 8. architectural works
These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”
What Is Not Protected by Copyright? Several categories of material are generally not eligible for federal copyright protection. These include among others:
Works that have not been fixed in a tangible form of expression for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded.
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration.
Works consisting entirely of information that is common property and containing no original authorship, for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources.
Fair Use One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies. This right is subject to certain limitations. One of the more important limitations is the doctrine of “fair use.” Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in recent versions of the copyright law. Various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. The copyright law sets out four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes. 2.The nature of the copyrighted work. 3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole. 4.The effect of the use upon the potential market for or value of the copyrighted work. The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Music Copyright Infringement When a song is covered and placed on record without the copyright owner's permission, or without the payment of a compulsory license payment, the copyright has usually been infringed. A successful suit for copyright infringement can yield actual damages, additional damages, and reimbursement of the victorious copyright holder's attorney's fees. In addition, the court may order the seizure of the offending articles and enjoin the losing infringer from further unauthorized use, under penalty of further fines or even jail time.