Researching and Analysis of Copyright Law
Copyright Law is a rather complicated aspect that needs to be handled by companies appropriately. Given the depicted situation, there are some things that need to be considered. First, copyright laws are applicable for online content the same way as they are for traditional media (Copyright Alliance 2, 2022). They fall under the category of audiovisual content, making them a part of the works that are protected by copyright laws (Copyright Alliance 4, 2023). This is especially true when a video created by the company uses copyrighted material, such as certain songs or background music. They may be at risk of copyright infringement if the protected material in it is used without the owner’s permission or if a certain part of it does not fall under exceptions or limitations, including the fair use law.
The use mentioned in the copyright law may justify the use of the video depending on the following factors: purpose, effect of the use, amount of the part used in regards to the copyrighted piece, the character, the nature of the work and the character of said use (Copyright Alliance 3, 2022). The aspect of the purpose and character is especially concerned with such notions as whether the video is used commercially or as a non-profit educational piece. It encapsulates a new concept known as transformative use, which refers to adding new elements with a certain purpose or altered characteristics and do not replace the original use of the work being implemented. From the perspective of the nature of the video, the more creative it is, the easier it is to be categorized as a fair use exception. The amount of copyrighted work used is yet another valuable aspect to consider, depending on whether it is large or insignificant.
The amount of copyrighted content used in a work is yet another important aspect of fair use. If it is rather minimal in relation to the entire work, this will be considered as a case of fair use. Another feature related to the matter is the qualitative use of the copyrighted content. For example, if the piece of the work used represents the main idea, it will not be considered as a case of fair use. Finally, the effect of the use on the market is the fourth factor of fair use. Due to the concept of transformative use, it is not as strong as it previously was. However, it is certainly valuable. This is because it assesses if said use may damage potential markets that could be maliciously used by the copyright owner in case the use becomes more common.
In order to describe the measures that can be taken to prevent copyright violations, it is important to understand what it actually is. Copyright infringement occurs when someone uses specific works in their content that are covered by one or more rights of the owner without the proprietor’s consent and permission (Copyright Alliance 5, 2022). Unless a work belongs to exceptions listed in the copyright law, such as fair use, concepts, lists of ingredients, and short phrases (Copyright Alliance 6, 2023), a subcontractor can take various measures to prevent copyright violations, such as discussing the matter with a lawyer or applying for copyright registration. The latter, by far, is the most suitable option, as this action could make any future infringement suits valid, as it is a requirement in such cases (Copyright Alliance 1, 2022). Moreover, the certificate of registration will count as relevant evidence that the copyright is valid along with the facts stated in the certificate. Another benefit of this measure is that it will make the subcontractor’s video available for those who want to verify the status and find them.
References
Copyright Alliance 1. (2022). Benefits of Copyright Registration. Web.
Copyright Alliance 2. (2022). Do Copyright Laws Apply on the Internet. Web.
Copyright Alliance 3. (2022). Fair Use Exception To Copyright. Web.
Copyright Alliance 4. (2023). What Does Copyright Law Protect. Web.
Copyright Alliance 5. (2022). What Is Copyright Infringement. Web.
Copyright Alliance 6. (2023). What’s Not Protected By Copyright. Web.