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Afterthoughts on using and protecting intellectual property

By Matthew B. Harrison, esq.
PhotosAndTheLaw.com

Last month, this column detailed the four factors of the fair use defense to copyright infringement. The prior column addressed how to use the provisions of the Digital Millennium Copyright Act in order to protect your audio (and video) from misuse. Both of these articles generated enough reader feedback and follow up questions, that it seemed like a good idea to provide a summary article with some additional clarifications.

The first two, and the most straightforward, of four factors of a fair use defense to copyright infringement are:

· The nature of the copyrighted work; and
· The amount and substantiality of the portion used in relation to the copyrighted work as a whole;

and the two that led to the most follow up are:

· The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; and
· The effect of the use upon the potential market for or value of the copyrighted work.

Protecting your words and reputation from hostile copyright infringement

by Matthew B. Harrison, Esq.
PhotosAndTheLaw.com

NEW YORK — It has become commonplace for opposing groups and interests to use the Internet to focus widespread public attention on audio and/or video clips culled from live broadcasts and personal appearances to “out” or embarrass their opponents, competitors or simply those with whom they disagree.

In an era where electronic transcriptions (recordings) can be distorted and “virally” mass distributed — often out of context — for the sole purpose of inflicting damage to people’s images and interests, it is important that broadcasters, especially those in the contentious world of talk media, understand their legal rights and responsibilities regarding copyright infringement issues and law.