Copyright: Understanding Fair Use

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!

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*This post by Tressa Robbins originally appeared on October 5, 2016, on the BurrellesLuce Fresh Ideas blog at http://www.burrellesluce.com/freshideas/2016/10/copyright-understanding-fair-use/ and is cross-posted here with permission. 

Convergence Journalism: How Does it Affect PR and Media Relations?

Convergence Journalism: How Does it Affect PR and Media Relations? Tressa Robbins BurrellesLuce Fresh IdeasThe oldest school of journalism in the United States (and possibly in the world), University of Missouri’s School of Journalism, added its first new major in 50 years when it added Convergence Journalism back in the fall of 2005. Over the past several years, news consumers have witnessed a revolution take place whereby we consume news stories via multiple platforms (traditional, digital, social) and in various formats such as long-form, short-form, textual, auditory, visual, formal/professional reporting, citizen reporting.

I recently attended a convergent media panel event (hosted by PRSA St. Louis) which featured Kelsey Proud with St. Louis Public Radio, Caryn Tomer with Techli.com, and Perry Drake (formerly of NYU) now with UMSL.

Proud started off with showing a perfect example of media convergence in a story they’ve just produced on chronic absenteeism in schools across Missouri. In this series, they utilized audio (radio), research/analytics, data, dynamic visuals and text.

Tomer discussed tailoring the story presentation to what their readers want. The staff likes (pertinent) press releases but may also use video, audio, text, social, linkbacks and even gamification to enhance the user experience.

All seemed to agree on how they decide what content makes it. Of course, it has to matter to their audience but beyond that—it’s all about emotion and reactions.

As the late Maya Angelou said:

“I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”

How does this affect PR pitching/media relations efforts?

By now, most savvy PR pros know multimedia storytelling is no longer optional—it’s a necessity.

  • We must adapt and be flexible. Stories need to be told in different ways depending on the medium.
  • PR is no longer just accountable for the message—we’re now depended on for choosing the most effective modes and channels.
  • Effective public relations outreach does still include traditional media pitching (newspapers, magazines, television, radio) but may also include social media marketing, blogs, content marketing, web development and analytics, graphic design, SEO, and emerging technologies we aren’t even aware of yet.
  • Don’t be afraid to partner and/or collaborate as necessary. If you are ill-equipped in a certain area, take advantage of the opportunity to learn and expand your skill set!
  • This new media model is dynamic – making it fluid and spontaneous, requiring PR pros to be quick on their feet and adept at managing communities, not just a message.

How do you see multimedia journalism affecting your job?

This post originally appeared on June 2, 2014, on the BurrellesLuce Fresh Ideas blog at http://www.burrellesluce.com/freshideas/2014/06/convergence-journalism-how-does-it-affect-pr-and-media-relations and is cross-posted here with permission.