[digital-copyright] RE: Copyright question - lengthy

[Jan D Carmikle <jdcarmikle@xxxxxxxxxxx>]

Dear Ms. Barrera,

This sort of situation is why I dislike "to use" being listed as if it were a
copyright for which one needs permission.  Using is not one of the enumerated
copyrights.  One is entitled to "use: a legal copy of copyright-protected
material as it is intended (and sometimes in other ways, but let's not go
there now) without further ado.

I think the problem here, however, stems from not understanding the
distinction between a recording of a copyright-protected presentation and the
content of that presentation.  Apples and oranges, very commonly lumped
together when they shouldn't be.  The copyright to the content will initially
vest in the presenter if all other conditions for copyright protection are met
(and there wasn't something in writing to the contrary in advance of the
presentation) while the copyright to the recording typically belongs to the
recorder.  Making the recording will not keep the presenter from doing
whatever he wishes with the content, including using it in future
presentations.

Also, I think there's confusion as to how one gets a copyright these days.
It's automatic, so making the recording instantly creates a copyright - one
does not have to copyright things any more.

My institution runs into this kind of situation on a regular basis, and we
have a few flavors of solutions.  One might be for us to hold the copyright to
the recording only, with the presenter's assurance that he has rights
sufficient for that to happen (particularly as to materials that might appear
in the recording, such as ppt slides), and permission only to reproduce and
distribute no more than 30 minutes via the web, subject to his approval (or
not.)  Perhaps that's for a limited time.  Another might be that we assign the
copyright to the recording to him (for limited uses or not) with a reserved
license to copy/distribute 30 minutes subject to his approval.  Or perhaps he
is willing to do the presentation and own the recording for his own use later
subject to our 30 minutes and with credit to us, in which case we'd pay a much
reduced fee.  Lots of possibilities.

Very generalized answer.  I am a lawyer but not your lawyer etc.

Hope this helps.

Jan Carmikle