Page 108 - Law and the Media

New Media
the material or clip has been used by the media organization before. If it has been used,
there should be a record of the terms of any copyright licence, moral rights waiver and
performers’ rights payments. If it has not been used, or if there is no archive or library,
the producer or publisher must negotiate direct with the copyright owner over use of the
material. Use of extracts from copyrighted music and clips of film and television footage
can be extremely expensive.

If a multimedia product can only be accessed by using other software, for example to
read material stored on a compact disc or CD-ROM, it is also necessary to obtain a
licence from the copyright owner of the software so that the viewer of the multimedia
product can use the software to read the product.

Infringement
Copying, issuing copies to the public, performing in public, broadcasting, adapting,
selling or hiring a work that is protected by copyright without the permission of the
owner is an infringement of copyright.

Linking and framing are two additional areas of likely infringement on the Internet. A
hypertext link links one web site to another. Framing displays another web site in a
smaller window. It has not been established under English law whether linking from one
web site to another or framing another web site infringes copyright in the linked or
framed web site.

It is possible that a media company publishing online may infringe the copyright of
another web-site owner by including a link to or a frame of that web site. Links to and
frames of other news stories and web sites are common in online newspapers and
magazines. In order to ensure that copyright is not infringed, the ideal situation is to
obtain the permission of each web site to which there is a link or frame. However, in
practical terms this may be difficult to achieve. An alternative approach is to link to or
frame the home page of the web site rather than individual pages, so that the user can see
and identify the web site he is entering via the link or frame.

4.3.3 Research on the Internet

The Internet is increasingly used as a research tool. Material that is published on the
Internet is subject to copyright and is not in the public domain.

If a member of the media wishes to use material from the Internet whether purchased
from an online catalogue or obtained for free from a web site in an article or programme,
he must ensure that the relevant copyright and performers’ rights clearance have been
obtained. This is particularly important when downloading current or archive news stories
or video clips.
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