BDM103, copyright homework, 18 August

Copyright Council of New Zealand

#1 Getting Permission
permission is not required if you're using an insubstantial part or the copyright has expired.
copyright exceptions apply in the case of Fair dealing, educational or public administration use.
It's not enough to acknowledge credit when using copyrighted works, you must GET PERMISSION
Not being able to find the copyright holder is no defence against using their work.  If it seems likely that, due to the age of the piece, copyright has expired, some people put a "good faith" notice in explaining their attempt and that they are willing to pay the copyright holder, should they come forward.
Moral Rights are in addition to copyright rights.  This obliges the user to attribute the relevant creators, acknowledge when something has been altered in the original work, and respect integrity of work by not using it in a way that damages creator's honour reputation.
Getting permission requires a submission in writing that explains who you are, what you want to use, and the hows and whys.  Always request confirmation that permission has been given.

These are guidelines only.  Always seek legal advice if you're unclear.

#2 Infringement of Copyright
Copyright is infringed when a "substantial" part of the work is used without permission. What's "substantial" mean?  Quality, not quantity of the work is assessed when making that determination.  In the case of music, it could be the use of only a few but very distinctive bars that could infringe copyright.  Coincidence is not copyright infringement.  You have to prove that the offending party has deliberately copied your work.  
You can be found guilty of authorising infringement if you provide the photocopier or the cd burner to another party to make copies.  Good grief!  You can also be guilty of infringement if you import things into NZ, sell them on, or display them publicly without permission.
If you've been infringed, you have to decide what you want to do, and if you want to charge a fee to cover the licensing fee and the cost of chasing them up.
You can contact the infringer directly to try to settle things nicely.  If that doesn't work, or isn't appropriate, you can then send a Letter of demand asserting that copyright has been violated.  The next step is court to ask for damages.  In some cases, criminal charges may apply to the perpetrator. At all stages, getting proper legal advice is advised so you don't do something illegal yourself.  Settling copyright infringements is the responsibility of the copyright holder, and no one else.

#3  Moral Rights
Authors of literary works, dramatic works, musical works, artistic works and in some cases, film director, enjoy moral rights over their works.  Creators have the right to be identified and must assert that right by including identification on the artistic work before handing the physical item over or in a commissioning agreement or agreement transferring or licensing copyright to another person.  They also have the right to not have work falsely attributed to them.  Right of Integrity is infringed when there is a distortion or mutilation of a work, or treatment that prejudices honour or reputation of the author or director.  It does not cover situations where an author may object to their piece being exhibited next to something they don't like or when a work has been allowed to deteriorate or is deliberately destroyed.  So street artists who object to their multi story murals dissolving under the elements or wrecking ball are not covered.  There are exemptions to Moral rights and they're similar to copyright exemptions:  fair use, reporting, fair dealing, or public administration. They can also be used in tv and film ads without being attributed.  There is a right to privacy when the subject of a photo does not own copyright but does not wish for their private and domestic photos to be put on display.  Moral rights last for the same amount of time as copyright and false attribution lasts until 20 years after the death of the creator.  Moral rights cannot be transferred.