I have a question regarding copyright infringement

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Latest post Mon, May 1 2017 3:17 PM by jv1597. 47 replies.
  • Sun, Apr 16 2017 8:40 PM

    • jv1597
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    Ok [+0+] I have a question regarding copyright infringement

    I'm working on a new media content streaming app.  The app doesn't allow for any uploading, downloading, or recording of media content.

     

    So my question is, is there any concern with respect to piracy, or copyright infringement where there is no distribution of goods/services?

  • Mon, Apr 17 2017 5:57 PM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    I just found out that copyright infringement is pertinent only to violation of the copyright agreement. Copyrights are grants to Licensors for exclusive reproduction, duplication, making, and sublicensing of artistic, literary, musical, or cinematographical works in their entirety.  Works are not copyrighted in parts.  The one part copyrighted would make one work in its entirety. Piracy is only applicable with respect to the unlawful reproduction, and commercial distribution of copyrighted material.
  • Mon, Apr 17 2017 7:21 PM In reply to

    • DOCAR
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    Re: I have a question regarding copyright infringement

    Copyrights exist as a matter of law in any original written work, art, music, etc. Copyright registration, gives more enforceable rights to the copyright holder, and allows them to pursue infringement in federal courts. A copyright infringement  occurs whenever there is an unauthorized use of copyrighted material, in whole or in part. There are some exceptions, that don't appear to apply here.

  • Fri, Apr 21 2017 6:58 AM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    I did some research on what a "work" is considered to be, and found the following:

     

    A bit on what a work is considered to be:

    A work is “created” when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.

    A bit on movie media content:

    “Audiovisual works” are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

     

    Or, in more intelligible terms, as is so implicitly inferred:

    An “Audiovisual work” is a work that consists of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the work (as a whole) is embodied.

     

    A bit on reproductive use:

     

    A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.

     

    A bit on what a fixed work is considered to be:

    A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.

     

    Conclusion:

    So copyright law protects copyrighted works in their entirety (whole copyrighted works), not "in whole, or in part".

     

    A bit on display, and performance of a work:

    To “display” a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.

    To “perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.

    To perform or display a work “publicly” means—

    (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

     

    (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

     

    Conclusion:

    To "display a work (in its entirety) means to show a copy of it (the whole work)...

    To “perform” a work (in its entirety) means to recite, render, play, dance, or act it, etc...

    To perform or display a work (in its entirety) “publicly” means—

    So if an audiovisual work is spliced into 10 second clips, to be processed individually, and to be streamed individually (sequentially, or non-sequentially), it shouldn't necessarily constitute copyright infringement, being that the work is no longer a whole work, but a sample of the work, and is therefore not covered under copyright law.


  • Fri, Apr 28 2017 10:29 AM In reply to

    Re: I have a question regarding copyright infringement

    jv1597:

    Conclusion:

    So copyright law protects copyrighted works in their entirety (whole copyrighted works), not "in whole, or in part".

    No, your conclusion is flawed. Even a single frame of a movie/video is protected by copyright, not just the video in its entirety. 17 U.S.C. § 106(5) give the copyright holder the exclusive rights to: “in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.” (Bolding added.)

    As the bolded portion clearly states, the copyright holder of a movie/video has the exclusive rights to each and every single frame of the work, not just the work as a whole. Thus, distributing even a single frame without authorization from the copyright holder will be infringement unless you meet an exception to in the Copyright Act like fair use. That means distributing the short clips as you propose to do would be a problem unless you have the permission of the copyright holders.

  • Fri, Apr 28 2017 11:33 AM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    I understand that streaming media content in part would be considered to be copyright infringement, in the opinion of the court, but I have not found any specific reference in the copyright subject matter that specifically states that the work is protected in-part as well.

     

    You can look for yourself at the following source:

    https://www.copyright....

    A work is “created”when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.

     

    So a "work" is defined as a fixed record, which would signify that it is a record in-whole.

     

  • Fri, Apr 28 2017 2:00 PM In reply to

    • DOCAR
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    Re: I have a question regarding copyright infringement

    Which are you going to rely on, an anyomous site on the internet or a direct quote from the copyright statute?

  • Fri, Apr 28 2017 2:34 PM In reply to

    Re: I have a question regarding copyright infringement

    jv1597:
    is there any concern with respect to piracy, or copyright infringement where there is no distribution of goods/services?

    Yes.  Section 106 of the U.S. Copyright Act (Title 17 of the United States Code) provides that "the owner of [a] copyright . . . has the exclusive rights to do and to authorize any of the following:  . . . to perform the copyrighted work publicly . . . [and] in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission."

    Streaming without permission of the copyright owner would violate one or both of these exclusive rights.

  • Fri, Apr 28 2017 2:37 PM In reply to

    Re: I have a question regarding copyright infringement

    jv1597:
    I just found out that copyright infringement is pertinent only to violation of the copyright agreement.

    This doesn't make much sense and is quite incorrect.

     

    jv1597:
    Copyrights are grants to Licensors for exclusive reproduction, duplication, making, and sublicensing of artistic, literary, musical, or cinematographical works in their entirety.

    What you wrote is correct of copyright LICENSES, not copyrights.

     

    jv1597:
    Works are not copyrighted in parts.  The one part copyrighted would make one work in its entirety.

    Not quite sure what you mean by this.  However, for example, the music and lyrics are all protected by the copyright in the song as a whole.

     

    jv1597:
    Piracy is only applicable with respect to the unlawful reproduction, and commercial distribution of copyrighted material.

    Wrong again.

  • Fri, Apr 28 2017 2:43 PM In reply to

    Re: I have a question regarding copyright infringement

    jv1597:
    A bit on what a work is considered to be

    All you need do is read the statute.

     

    jv1597:

    Conclusion:

    So copyright law protects copyrighted works in their entirety (whole copyrighted works), not "in whole, or in part".

    I'm not sure what you mean by this, but it seems to introduce ambiguity into something that is otherwise not ambiguous.

     

    jv1597:

    Conclusion:

    To "display a work (in its entirety) means to show a copy of it (the whole work)...

    If you're implying that "show[ing] [only a portion] of it" would not be copyright infringement, that's wrong.

     

    jv1597:
    So if an audiovisual work is spliced into 10 second clips, to be processed individually, and to be streamed individually (sequentially, or non-sequentially), it shouldn't necessarily constitute copyright infringement, being that the work is no longer a whole work, but a sample of the work, and is therefore not covered under copyright law.

    You couldn't be more wrong.  You seem to be trying to create some absurd technicality.

  • Fri, Apr 28 2017 2:47 PM In reply to

    Re: I have a question regarding copyright infringement

    jv1597:

    You can look for yourself at the following source:

    https://www.copyright....

    An incomplete URL isn't particularly helpful, but the Copyright Act is readily available.

     

    jv1597:
    A work is “created”when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.

    I wouldn't disagree with any of that, but the statement of when a copyright comes into existed is usually phrased as follows:  copyright protection exists as soon as the work is fixed in a tangible medium of expression.  "A work is 'fixed' in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is 'fixed' for purposes of this title if a fixation of the work is being made simultaneously with its transmission.

  • Fri, Apr 28 2017 3:06 PM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    DOCAR,

    Can you cite your source, so I can check it out.  I've been searching for it, but I never got anywhere, other that to the "Subject Matter and Scope of Copyright" pdf.

    Thanks.

  • Fri, Apr 28 2017 3:12 PM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    Would you mind not using the word "wrong" anymore, it's an objective matter, please refrain from using the word "wrong", and use the word "incorrect" instead.

    Thanks.

  • Fri, Apr 28 2017 3:18 PM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    I believe that paragraph is with regard to the term "fixed".  It's a definitive disclosure of the subject matter with respect to the term.

     

    The paragraph I cited was with respect to the creation of a work.  And it entails the fixation into a copy, or phonorecord, for use beyond the duration of performance of the work.  So what I was directing attention to was the explicitly defined scope of what is deemed to be a "work" in whole.

  • Fri, Apr 28 2017 3:39 PM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    In response to the first quote, what else would copyright infringement entail?

     

    In response to the second quote, I had a typo, it should read that the copyrights grant licensors exclusive rights, but the word "rights" is missing.

     

    In response to the third quote, I was just trying to determine whether a "part" in a copyrighted novel would be considered to be a word in a novel, or a sentence, and whether a part in a movie would be considered to be a singular movie frame, or a set of multiple frames of a movie.

    If a movie is protected in part, as well as it is in whole, wouldn't that part have to be copyrighted specifically as a separate version?

    A work is "created" when it is fixed in a copy or phonorecord for the first time;
    where a work is prepared over a period of time, the portion of it that has been
    fixed at any particular time constitutes the work as of that time
    , and where the
    work has been prepared in different versions, each version constitutes a separate
    work.

    So it defines the work as a copy or phonorecord that is fixed for the first time.  So I figured copyrights protect the works the producer needs protected, as with movie trailers.  So they would be copyrighted separately to be protected specifically, to allow for fair use of the rest for streaming.

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