Thursday, 7 June 2007

week 9 -adriel,amanda,nicole

For obtaining rights to multimedia contents, the first thing that should be considered is the ways and means to deliver the content. For example, will your content be delivered in a CD-ROM or a web site. The following issue to consider is if the license applied for is for a set of period of time. If so, how long is it? This is important as once the license expires, the right no longer belongs to you if you do not renew it immediately. The next issue is if the license is exclusive or non-exclusive to applicants to these rights. If your content arrangement is done out of the ordinary, it can be an exclusive right only to you. Whereas, some rights obtained are non-exclusive. It is important to know these license right because should there be an infringement done, you have the advantage of gaining compensation.

Do you intent to use the material its entirely? For this, the user must decide if he or she would like to use the copyrighted material entirely or just a small portion of it. As both in comparision, if the user would like to use the material entirely he would pay the payment of the copyright to use it much more higher.

For example, using a full photography of a landscape of the mountain taken by a photographer then the fee paid for the photograph would be higher than the usual fee paid for a small portion.

The rights that the user need is when asking the original user permission to use their copyright item or trademark. This rights includes for own use such as presentation, to reproduce or for reselling. For example, UTAR is being given a permission to reproduce their logo from Nike's global tick. Then, UTAR is able to reproduce their logo without being sued by other counter parties.

The content owner have the authority to assign rights to the new user as the content owner is the sole creator who gives birth to the idea first. This is to avoid being sued by the third party using it without the consent of the first owner or creator.

When negotiating for rights, one also has to take into consideration that there may be additional rights he or she has to obtain before he can use the content. Meaning that there may be other owners of the same content that have rights over it and that should it be utilized by anyone, they also have to be consulted with. Examples would be like using a film or a song. For a movie there are more than one person working on it; there are directors, producers, screenwriters, etc. As such one would have to negotiate not just with the director, but with the producer and screenwriter as well. Same too goes for a song; a singer may be the one to approach but one also has to consider the production house in which the artist or singer was working for as they may also hold rights to the song.

While negotiating, bringing up the issue as to whether the copyright owner will receive payment is also vital. A holder of a copyright may be willing to allow a person to use his/her video,sound,picture, or music but he/she may want something in return. They may want payment by royalty or one time pay but either way things like these must be negotitated and decided before utiliztion.

Lastly, is the matter of which format a person is wanting to receive the content in. Whether a person wants a soft copy or a hard copy is decided and negotiated here.

A person may have peferences as to how he wants his contents to be. He may want a movie that is the original copy of the copyright holder, or picutres in a CD-rom or through websites.

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