The importance of copyright

Coming up next on our list of media legal issues is copyright. While it's true that copyright law can get a bit complicated, the important thing to know in this Internet Age is that you can't simply download photos, song lyrics, cartoon characters, etc. into a student publication without permission.    

Here is a comprehensive student guide to copyright law that's worth reviewing.


But there is an important exception that journalists, in particular, need to know about. This exception to the general copyright rule is known as the Fair Use Doctrine. It allows the use of limited amounts of copyrighted works for important purposes like news reporting, critiques and education -- as long as the fair use does not significantly cut into the commercial value of the original copyrighted work.

So, for example, it's permissible for a student newspaper to reprint a short passage from a new book to accompany a book review, or to include sample lyrics from a new album to accompany an album review. Or it's generally considered acceptable to reprint a small photo of U.S. soldiers in Afghanistan, but it probably would not be considered acceptable to reproduce that photo to a very large size for greater impact.

There are four key factors that determine fair use:                              

1) The purpose of your use  (Is your purpose for using the item for teaching or news reporting? Or to make money off of it?)
2) The nature of your work  (Is the work itself factual or highly creative like someone's copyrighted fiction. The more creative and original the work is, the more necessary it is to be sure you're only using a tiny amount for the purpose of critiquing, for example.)
3) The amount you're using  (A small quantity of the original work is usually acceptable.)
4) The effect of your use on the market  (Your use of this item will have no major effect on the market.)

Still, what constitutes "fair use" isn't always clear. Click here to read an interesting article about a copyright legal battle revolving around President Obama's image.


Flickr Creative Commons image by MikeBlogs

Exploring the Right to Privacy in a High Tech World . . . and Beyond

Invasion of privacy law can be a tricky thing because it aims to balance the public's right to know vs. an individual's right to privacy. If the information is "newsworthy" -- that is, if people have a right or a need to know about something, then that will prevail over a person's claim to privacy. Thus, if your next-door neighbor is having an affair, publishing a story about it in the local paper would be a clear violation of his privacy. However, when a public figure does the same thing, the press can reasonably assert that such an event is newsworthy. Former Detroit Mayor Kwame Kilpatrick, for example, waged a prolonged legal battle claiming that hundreds of text messages detailing his illicit affair with a co-worker were private. He lost and ended up going to jail for perjury and other charges.

But sometimes a private citizen injects himself or herself on to the public stage, and by doing so, loses the defense of "right to privacy". If that neighbor of yours is having an affair with a 16-year-old, that information is no longer considered private. That's news because it's against the law. Other times, however, it's not always so clear who is a "public figure" and so the courts have to interpret some invasion of privacy claims on an individual basis.

What's more, social networking sites and the Internet have created a myriad of new questions about a private citizen's right to privacy. And when, exactly, does a person's right to privacy end? When he or she dies? Not necessarily, according to the plaintiffs in a new lawsuit. Click here to learn about this interesting case.

Finally, just in case you were thinking that you have no worries about privacy, check out this report about new cell phone spyware that not only tracks your every move but can also be used a means of harassment. Protect your privacy!

"Private" Flickr Creative Commons photo by James Cridland.