Uniform Commercial Code Consideration

Posted by Winnie Melda on October 16th, 2018

The United States Copyright laws provide protection for all kind of original work that includes all sorts of publications, music, videos, paintings, literary works, software, live performance, etc. Copyright is a form of intellectual property protection that is provided by the federal laws of the United States (title 17, U.S Code). The copyright law aims at encouraging the development of culture, science, and innovation, and at the same time providing a financial benefit to copyright holders for their original work and also facilitating access to public knowledge and entertainment. The US Copyright law of 1974 protects videos and all the individual parts of that video. Immediately you have created a video and fixed it in a tangible medium; then as the copyright owner, you are entitled to all the rights of the video. Only the copyright holder, can give the permission to others to copy, distribute, sell, rent, lease or transfer ownership of the entire video or part of the video, to perform the video publicly, or to prepare derivative works basing upon the video. The Copyright of 74 comprises of various sections and the sections “107 through 122” provide for the limitations of these rights. The infringement of copyright protects the exclusive rights copyright owner as provided by sections 106 through 122 that provide that no person (including state, any instrumentality of the state, or officer of the state) shall use of import copies or phonorecords of original work without permission. The Copyright Law protects the author along with anyone else deriving rights through the author. Any other person the author gives rights to the video would be regarded as “works made for hire.” Concerning "work made for hire," the employer or the person for whom the work was prepared by an independent contractor is considered the author for this title, and unless there is a legal agreement between the parties, owns all the rights to the video. All the creator or independent contractor receives is compensation (Fishman, 2014). Therefore, the using of videos from the internet would fall on the section that defines “work made for hires” as a test, translation, supplemental work, compilation answers to a test, instructional material and any work done by an employee related to their employment. The video is also subject to the “duration of copyright” that provides that work created on or after January 1, 1978, shall be protected by law for a term comprising of the life of the author or copyright owner and 70 years after their death. It is referred to as “life plus.” The provisions of sections 106 and 106 A, provide for the fair use of a copyrighted original work. It states that the use by reproduction of copies or phonorecords or by any other means specified by that section, with the aim of criticism, comment, news reporting, teaching or research is not an infringement of copyright. The video is subject to registration so that it can be protected by copyright law if the author or owner thinks it’s original. The video also is subject to observe privacy rights of the characters or private locations in the video.
Q. 2) Under what circumstances can "use" mentioned in the copyright law justify the use of the video?
The rules of a making a video provide that once it’s made you own the rights to that video. Therefore all the use and reproduction or performance is entitled to permission from the copyright owner. It includes where the video or its parts are used for commercial purposes. Fair use allows for the use and reproduction of a video without permission from the copyrighted owner, but only for limited purposes that include comments, criticism, news reporting, research, or scholarship. A ruling by the Supreme Court in 1994 in a case of Campbell versus Acuff-Rose Music held that a rap group’s commercial parody of a song fixed in a record for mass reproduction and distribution qualifies as a fair use (Martin, 2002). When the use is transformative, there is no presumption of market harm from a commercial purpose.
Q. 3) Discuss what options the subcontractor can take to ensure no copyright violation occurs?
The subcontractor may obtain registration from the video, so that protects the video with them as the copyright owner in which their rights get protected against violation. It ensures that no person (including state or instrumentality of the state or official of the state) reproduces copies of the video without authorization. Anyone who distributes or offers to distribute, rents or offers to rent, sells of offers to sell, or traffics any copy or part of the video, shall have violated the rights of the copyrighted owner. When the subcontractor becomes the copyrighted owner, the federal law protects them from unauthorized use of the video by any other person for purposes of commercial advantage or private financial gain. The subcontractor can also ensure that they have the rights to the video solely, by compensating the company for the use of company’s name. It hinders the use of the video by the company since the enterprise does not have rights to the video.
 
References
Fishman, S. (2014): Consultant & independent contractor agreements. Nolo.
Martin, J. V. (2002): Copyright: Current Issues and Laws. Nova Publishers.

Sherry Roberts is the author of this paper. A senior editor at Melda Research in nursing paper writing services if you need a similar paper you can place your order for medical essay writing service online.