Intellectual Property

Intellectual Property = Individual moral issue

The MEAA alliance says members engaged in journalism commit themselves to Honesty,  Fairness,  Independence,  Respect for the rights of others.

Using someone else's work implies moral/personal ethics and professional ethics.

Borrowing the words of others v. stealing the work of others; quotes, statements, questions etc (i.e. press releases)

Intellectual Property Law

Plagiarism is enforced by the Australian authorities.

The law of copyright - Significant for the use of other people's work and for the protection of your own work.

Copyright law is embodied in the Copyright Act (1968)

The 4 most significant parts of Copyright are Part 3, 4, 5 & 6. See page 359 of the book for references to Copyright.

Copyright stays active for 70 years once the author or copyright holder dies. Once expired the works can be used without seeking permission from the copyright owner.

Author of a work - Person who has created the work, not the person who has thought of an idea. An idea itself cannot be copyrighted in Australia, however this may differ depending upon the country.

Journalists working for print media own the right to reproduce their work in a book for photocopying purposes but the media employer retain all other rights (e.g. reproduce the work in electronic databases or online)

Freelancers usually hold rights for all uses but need to verify their contracts (rights can also be conferred on the publisher)

Key considerations to reproduce the work of others

Has copyright period expired? Has the copyright holder 'assigned' copyright to you = transfer of ownership (you NEED a written proof of assignment). Copyright holders can also 'license' you to use the material (permission restricted in time)

Defenses

Three main categories - Fair dealing for the purpose of criticism or review, fair dealing for the purpose of news reporting, fair dealing for the purpose of parody or view.

The Australian Copyright Council (ACC) states that 'criticism and review involves making a judgement of either the copyright material used or the underlying ideas expressed in that material.'

Journalists whose primary reason for publication is to report the news can reproduce a reasonable prtion of copyright material.

According to the ACC news is not limited to current events. 'Old material or footage that was never related to a current event, may be relevant to a current news event' (significant for investigative journalist)

Music to accompany news items: must obtain permission (blanket licenses)

Use of audio visual items 

Part IV of the act advices how one may use audio visual items, fair dealing offences apply.

Division 4 of the Act: deals with the duration of copyright for these items.

Disputes on copyright can be resolved amicably.

Trademarks

Trademarked logos are not able to be used on blogs or websites without permission from the holder.

S.52 of the Trade practice Act 1984 protects intellectual property for those who feel their work has been misrepresented.

Action of passing off can be brought against someone who has falsely represented their work or business as that of the plantiff. Issue that also arose in the Internet environment with domain names.