Bound by Law

Clear Rights
Filmmakers are often asked to clear rights for cultural fragments
even accidents
o Cultural fragments- music, images, photographs, etc.
Clearing rights- process of finding the rights holder and asking
permission or paying to us something
Whats copyrighted?
o 25 years ago the law changed
Prior to the change an item was protected if was
included
o Now creative works are automatically copyrighted
o Works published before 1923 or produced by the federal
government are clearly in the public domain
o Many works published between 1923 and 1977 are in the
public domain, but it is easier to assume they are
protected than to find works that are not
o Before using the content the owner must be tracked down
by the filmmaker
Fair Use
Permits use of material
o Rights holders can be strict about what is and isnt fair use
o May require clearances anyway
o $10,000 for 4.5 seconds of The Simpsons
Can keep content in and claim fair use
o Risky
Can find rights owner and ask permission
o Hard to find
Can replace with content that is in public domain
o This compromises your piece and the integrity.
o Depeche Mode 101- Raindrops Keep Falling on my Head
replaced London Bridge is falling Down
Often filmmakers who cant afford to pay for rights cant afford
lawyers to defend fair use
Parodies are protected under fair use
o Mattel Barbie lawsuit
o Copyright Act
Copy Right Laws
Protects 8 types of mediums:
o Literary Works
o Musical Works
o Dramatic Works
o Pantomimes and Choreography

o Pictorial, graphic, and sculptural works

o Motion pictures
o Sound Recordings
o Architectural Works
The goal is to encourage creativity
Gives the artist exclusive rights for their works
o Such as offering online through a creative commons
license
Rights to control and get paid for your work
Can also give writes to artist to use raw materials
Campbell v. Acuff-Rose (1994) rap parody of Pretty Woman
Clips from Invasion of the Saucermen (Aliens Invade Hollywood)
Term Limits
Copyright originally expired after 14 years
1977- 28 years, with renewal for another 28
Now- 70 years after authors death
95 for corporate authors
Longer term limits put more pressure on fair use
20th century works are a no go
Older works are harder to use- rights holders are scattered/dont
care and impossible to find
Too much is covered for too long now
No work is every entirely new anymore
Logos and People
Copyright laws also protect logos
The common practice of blurring out logos is not required
To infringe on trademark you would have to use the image in a
way that confuses the consumer
George of the Jungle 2 and Caterpillar
o Courts said the appearance of well known trademarks is a
common phenomenon
You do have to get permission to show people- privacy
Exception- when showing people involved in matters of public
interest
o Michael Moores Documentary Bowling for Columbine
Protected under the first Amendment
o Can use picture without permission if news or public
affairs
o Mickey Dora
E&O Insurance
Errors and Omissions Insurance
To show through large public Companies (HBO) you need E&O
Insurance

o Covers possible lawsuits

o May have to cut because of what lawyers say
o Insurance Companies dont always agree with fair userequire more
o Not Always- Supersize Me
McDonalds did not sue
o Sometimes people can be too scared to use something
o Cease and Desist letters
Chillingeffects.com
Flipping the Classroom
http://www.edutopia.org/blog/flipped-classroom-learningupside-down-beth-holland
What is it? Students experience content at home, then spend
class time discussing the information
Teachers can give students the ability to work however they feel
most comfortable
Students can experience the information in a space that they feel
comfortable in
Pros:
o Students with different learning styles can take in the
information in whatever method is best for them
o Students can work at the pace they require to absorb the
information and not slow down others
o Students get to work with the material themselves and feel
immersed
Cons:
o Students are required to have computer and internet
access at home
o Work cant be done will in a car or bus coming home from
practice or a game
o Some students cannot be in charge of their own learning
Some will never do the work
Others will find they cannot understand the material
without guided instruction while the information is
presented
Students with learning disorders can experience the information
in a comfortable environment
This type of classroom experience allows for new technologies to
be integrated into students lives
Eventually, the environment created by flipping the classroom
will allow for the further integration of newer technologies
The classroom of the future may be entirely online, or at least
almost entirely online
Digital Divide

http://hechingerreport.org/content/can-schools-closetechnology-gap-much-will-cost_15911/
Many students cannot afford their own computer or internet at
home
Schools cannot afford to supply each student with their own
computers
Most schools cannot even afford to put wireless routers in their
buildings
With school moving to rely on technology more and more rapidly,
its important that each student have access to their own
computer and a reliable internet connection
Students that can afford home internet and personal computers
have a greater advantage in school than those who cannot
Schools without the money to provide such advancements in
their classrooms and to each individual student are at a
disadvantage when compared with the wealthier schools in the
nation
Cyber Bullying
While typical bullying would only occur at school and students
could physically avoid bullies, its impossible to avoid bullies
when theyre in your phone or computer
With the rise in Catfishing more people are creating fake
profiles to harass their victims
The creation of the app Yik Yak allows for students to post
anonymous messages that can be harmful and dangerous for
others
o This actually occurred in my hometown a few weeks ago, a
young girl had to leave the school district because she was
being told to kill herself anonymously
With Children being private and secretive, they arent likely to
turn to their parents when the bullying begins and this can lead
to students not getting the help they need before it is too late
Cyber bullying laws are still weak, as technology is always
improving and adapting
Oftentimes the burden of discipline lines heavily on the school
http://cyberbullying.us/cyberbullying-laws-and-school-policy-ablessing-or-curse/
The first case to bring cyber bullying to the mainstream was only
in 2008
http://www.nytimes.com/2008/11/27/us/27myspace.html?_r=0 ,
there is a long way to go before laws are up to speed with the
problems facing todays youth
https://youtu.be/2f_kavukuKI