Category: Legal

  • The Writer’s Legal GPS by Matt Kight

    The Writer's Legal GPS: A Guide for Navigating the Legal Landscape of Publishing by Matt Knight
    The Writer’s Legal GPS: A Guide for Navigating the Legal Landscape of Publishing – Available from Amazon.com

    An essential tool for writers, agents, editors, and publishers who want to understand the legal risks and rights associated with publishing. Overwhelmed by the copyright and trademark arena? Scratching your head over obscure clauses in legal contracts? Anxious about piracy and plagiarism? Through his popular Sidebar Saturdays blog, novelist, freelance writer, and intellectual property attorney Matt Knight has helped countless creatives navigate the legal challenges of the publishing world. Now, he’ll help you avert complicated legal matters so your publishing endeavors soar towards success.The Writer’s Legal GPS provides you with the knowledge needed to understand complicated U.S. publishing law. Packed with clear and practical information, The Writer’s Legal GPS is organized to be at your fingertips just when you need to make an informed legal decision. Through Knight’s comprehensive handbook, you’ll save valuable time and reduce anxiety over common legal problems everyone in the publishing industry faces. All so you can stay focused on what you do best: creating and publishing written content.No matter where you are within the publishing realm, The Writer’s Legal GPS is an indispensable legal guide for anyone who wants to succeed. Make sure you have it on your desk. You won’t regret it. “This brainy, witty, palatable book is a must-have for writers on any rung of the publishing ladder.”—Julia Mary Gibson, author of Copper Magic. “Matt Knight has given us the definitive, comprehensive guide to author rights and legal pitfalls in the publishing industry. Every writer, whether novice or veteran, indie or trad published, should keep this indispensable tool handy. I know I am!”—V.S. Kemanis, award-winning author of Seven Shadows and Your Pick: Selected Stories”Sidebar Saturdays has been my first stop for publishing-related legal questions for years. With The Writer’s Legal GPS, all writers now have an invaluable and comprehensive legal resource right at their fingertips.” —Jennifer Klepper, attorney and USA Today bestselling author of Unbroken Threads”Clear. Understandable. Full of practical solutions and valuable advice for writers of all genres.”—Michele Montgomery, novelist, personal essay published in the New York Times”This book is an outstanding resource for all writers, whether aspiring or experienced. The legal analyses are accurate and presented in a readily understandable format.”—Geoff Spellberg, attorney and author of the historical novel Rendezvous.

    In general, if you are using a music or film clip for educational, research, commentary, or non-profit purposes, or if you are transforming the clip to create a new meaning, then your use of the clip is considered Fair Use.

    Remember, Fair Use is a defense to copyright infringement, meaning you must be sued to assert Fair Use.

  • Fair Use in News Reporting

    Copyright

    Fair use is a doctrine that is used to encourage criticism and commentary of copyrighted works. It is based on the concept that one should be free to use portions of copyrighted materials without asking permission from the copyright owner. It is an equitable principle that is frequently used as a defense by those sued for copyright infringement. 1

    The four factors which generally determines fair use. 2

    • Purpose and character of use
    • Nature of the copyrighted work
    • The amount
    • The effect on the market

    Understanding the Fair Use factors for Reporters

    Copyright law bestows certain exclusive rights on creators. For example, under 17 U.S. Code § 106, copyright holders have the exclusive right to reproduce their work, create derivative works, and perform the work publicly. But these exclusive rights are not absolute. The doctrine of fair use creates important exceptions. 3

    The Center for Media and Social Impact has created one of the most authoritative articles on the fair use factors. There Set of Principles should be read by all broadcasters and especially reporters. The downloadable PDF makes a great reference document to keep at hand. 4

    When Can You Use News Clips in Your Blog?

    Always review the above four issues regarding fair use with your lawyer, but it is generally understood if the originator of the news clips offers embed capabilities either direct or indirect through such services as YouTube.com, it most likely falls under the fair use copyright law. Make sure it satisfies those factors.

    Is the video shareable when used on YouTube.com

    Once you find the original copyright owner, follow the Center for Media and Social Impact’s Code of Best Practices in Fair Use for One Video document. The document gives some specific examples which will probably help your decision.

    Interesting Articles about Fair Use Lawsuits

    TVEyes encounters problems with Fair Use and Fox News. In a previous lawsuit, Fox News sued TVEyes for selling news. 5

    Very interesting, well researched article, about using news clips in documentary film-making and videos. 6