The Effect of Social Media on Copyright and Ownership - Essay Example

Copyright Student’s Name Institutional Affiliation Course Title: CATD3 Course Coordinator: Associate Professor Karen Webster Table of Contents Table of Contents 2 Introduction 3 Categories of copyright 3 Literary copyrights 3 Artistic copyrights 3 Published Editions Typographical Arrangement copyrights 3 Parliamentary Copyright 4 The effect of the registration of copyright 4 Establishing copyright for visual art and photography 6 Copyright for 3D design 7 Evidence protect ownership 7 Time Restraints 8 For dramatic, artistic, musical or literary works 8 Broadcasts and Sound Recordings 8 Films 8 Cable and Broadcast programs 9 Crown Copyrights 9 The effect of social media on copyright and ownership 9 Business Situation 9 References 10 Introduction Copyright is one of the intellectual property right (IPR) that permit the owners of the artistic or literary works to have exclusive rights to protect their works from duplication. These exclusive rights include adapting, copying, communicating, altering, translating, performing to the public and selling duplicates of copyright protected work without the permission of the owner. Therefore, copyrights safeguards intellectual creations as result of the author’s creativity, originality and innovativeness Categories of copyright There are several categories of copyright that affect the design in the Fashion and Textiles (Udale 2008). These categories include: Literary copyrights The literary copyrights cover several copyrightable materials such as manuscripts, computer programs, manuals, song lyrics, newsletters, commercial documents, and articles. For example, the 1992 regulations on computer extended the copyrighting of several literary works including but not limited to computer programs (Waelde 2013). Artistic copyrights The copyrights that are protected include painting, photography, architecture such as 3D design, sculptures, maps, technical drawings or diagrams, and logos. Published Editions Typographical Arrangement copyrights Several works that are protected under this category of copyrights include periodicals, magazines among others. Crown copyrights Crown copyright is present in the works created by the Crown officer. The crown officer’s works include documents, reports, and legislation made by government bodies. Parliamentary Copyright The parliamentary copyright applies to the work created by or under the control o direction of the House Lords or Commons. The effect of the registration of copyright When applying for the registration of copyright contains three basic elements: nonrefundable filing fee, a nonreturnable deposit, and a completed application form. In other words, copies of the work deposition and registration with the Copyright office. There are two ways for applying registration of copyright. One of the most preferred methods of registration of the copyrights is the online registration via the electronic copyright office (Eco) to make basic registration literary work claims such as performing arts works, visual arts works, motion pictures, single serials, and sound recording. Online filing contains some advantages such as fastest processing time, lower filing fee, secured payment through debit or credit, online status tracking, electronic check, the capability to upload deposits directly into electronic files, and the deposit account of Copyright office. An application for the registration of copyright through paper forms (Udale 2008). The owner of the original artwork copyright after purchase The control of visual resources such as photographs is an imperative concern for public and private collections. The questions and the concerns of who owns the exclusive rights to reproduce and use photographs are complicated depending on the procurement circumstances, provenance, the status of the earlier owner and couples of other variables. Copyright, reproduction and physical ownership rights coexist in a repeatedly shifting technological and legal environment. Therefore, the awareness of the drastically changing environment is necessary, as the market for images enlarge, in which the researchers, curators, publishers and collectors must work (Wherry 2008). The importance of the historical images, as well as their values, has been magnified due to the development of film documentaries, the voracious appetite of the growing multimedia and the rising awareness of the fine arts in market for visual reserves such as photographs. There are factors that have fuelled the rising demand for visual resources due to the ease of distributing material, reproducing, and retouching. These visual resources include things such as digital media (for example, CD-ROMS), the World Wide Web, and internet resources (Macmillan & Bowrey 2005). However, some private individuals with ease access to the images such as photographs create their own photographs collecting and generate funds through the reproduction of The copyright issues are increasingly becoming significance in the design and art industry. Nowadays, clients and employers are pressuring that photographer; designers and artists respect and understand copyright laws. The sole of sphere judges and lawyers, the complicated and difficult issues of copyright are becoming part of routine of all image artists. Due to the rapid advancement of the electronic transmission and storage of images, the artists are urged to be conversant with laws governing the issue of copyright and how is interpreted and implemented in this dynamic of technological and social landscape (Bishop 2010). There are two basic elements of copyright as it may apply to the issue of visual artists. These elements include rights the designer and artist possess control over images are continually becoming extra vigilant in the monitoring their use and collecting fees, royalty and permission. Therefore, the advancing technologies have brought a new demand for advanced techniques to monitor and control reproduction using methods such as watermarking and copy protection software. Some individuals who possess control over images are continually becoming extra vigilant in the monitoring their use and collecting fees, royalty and permission. Therefore, the advancing technologies have brought a new demand for advanced techniques to monitor and control reproduction using methods such as watermarking and copy protection software (Litman 2001). Establishing copyright for visual art and photography The copyright issues are increasingly becoming significance in the design and art industry. Nowadays, clients and employers are pressuring the photographers, designers and artists to respect and understand copyright laws. The sole of sphere judges and lawyers, the complicated and difficult issues of copyright are becoming part of routine of all image artists. Due to the rapid advancement of the electronic transmission and storage of images, the artists are urged to be conversant with laws governing the issue of copyright and how is interpreted and implemented in this dynamic of technological and social landscape. There are two basic elements of copyright as it may apply to the issue of visual artists (Bishop 2010). These elements include rights the designer or artist has to their original piece of work and their responsibilities to the creative piece of work belong to someone else. Copyright for 3D design Visuals artists are not merely limited to conventional art media. Computers have been applied in the field of visual arts as a common tool since 1960s. The use of computers in visual photography includes image creation and capturing, formation, as well as editing of those images. Further, it involves the ultimate printing including the 3D printing. The 3D design is basically established for architectural work prompting the need for artistic copyright. In computer art, computers play a significant role in display or production. Such artistic works can be in the form of images, gallery installation, website, 3D video games and algorithm and hence the original owners need to have copyrights to prevent their products from duplication. However, the usage of computers has blurred the dissimilarities between 3D modellers, photographers, handicraft artists, photo editors and illustrators who should be protected by the artistic copyright (Stim 2013). Evidence protect ownership The evidence, registration or proof required safeguarding the ownership and preservation of the copyright includes; Expression of ownership through a particular form: it is imperative that the literary or artistic work be documented in a suitable medium so as to enhance its protection. Copyrights help in protection of original artistic expressions that stored in mediums such as optical discs, compact discs or artist’s canvas. Another evidence to protect the ownership of the copyright is originality. For the author to have the copyright the work should be original and it can be regarded so it is affirmed as an individual’s creative work. Similarly, the evidence of the copyright must be based on the creative efforts of the owner: the work need to be identified with the personality of the creator (Livingstone & Ploof 2007). For example, works created through the help of a computer cannot be copyrighted, however, original they may seem. Time Restraints The Copyright, Designs, as well as the patents Act of the 1988 stipulates the duration of copyright as; For dramatic, artistic, musical or literary works In this category, the copyrights of the owners become invalidated after 70 years calculated from the last calendar year whereby the last surviving author of the work passes away. If the author is identified, the copyright will have duration of seventy years since the work was created although the public can still access the work at that particular time (Fishman 2011). Broadcasts and Sound Recordings This type of the copyright is has a duration of 50 years since the time when the work was established after the death of the author. The work of the author can only be released after 50 years when the original work was created. Films The films hold a copyright for the duration of seventy years since the original work was created in the event that the last principal composer dies. If the owner of the work is not identified the work is released seventy years from when the film was first acted. Cable and Broadcast programs The duration of these types of copyrights is usually 50 years following the end of the calendar since when the broadcast was made. Crown Copyrights They are found in the works produced by the Crown officer and they comprise documents, as well as legislation created by government bodies. They usually last for 125 years from when the work was made. The effect of social media on copyright and ownership The social media is a new area in which law is concentrating on the social media companies who may be held liable for their user’s actions. It is disgusting for the owners of original artwork when the web-based service provider allows for the options to infringe on copyrights. Some of the original owners of the original piece of artwork opt to post their workers by the social media users to enhance their exposure in the hope of increasing the volume of sales. Therefore, social media users need to be aware of the consequences of marketing through this medium (Litman 2001). Business Situation So as to safeguard the genuineness of the original, purchased work, as well as the owner’s legal rights in a business situation there is a need for business people to enforce their copyrights. The first step involves gathering of any information or suspected infringement. For instance, if a business person comes across suspected duplicated goods in the market, he or she needs to take a photograph, enquire about the source or make an attempt to get business that will enable him to sue any person duplicating his products (Crawford 1999). References Bishop, S. (2010). Adobe Dreamweaver CS4 illustrated. Boston, MA: Course Technology. Cengage Learning. Crawford, T. (1999). Legal guide for the visual artist. New York: Allworth Press. Fishman, S. (2011). The copyright handbook: What every writer needs to know. Berkeley, CA: Nolo. Litman, J. (2001). Digital copyright: Protecting intellectual property on the internet, the Digital Millenium Copyright Act, copyright lobbyists conquer the Internet, pay per view ... pay per listen ... pay per use, the war against Napster, what the major player stand to gain, what the public stands to lose. Amherst, NY: Prometheus Books. Livingstone, J., & Ploof, J. (2007). The object of labor: Art, cloth, and cultural production. Chicago: School of the Art Institute of Chicago Press. Macmillan, F., & Bowrey, K. (2005). New directions in copyright law. Cheltenham, UK: Edward Elgar. Stim, R. (2013). Getting permission: How to license & clear copyrighted materials online & off. Cambridge: University Press Udale, J. (2008). Textiles and fashion. Lausanne: AVA Academia. Waelde, C. (2013). Contemporary intellectual property: Law and policy. Oxford [etc.: Oxford University Press. Wherry, T. L. (2008). Intellectual property: Everything the digital-age librarian needs to know. Chicago: American Library Association Read More