Photo Assignment

Due: October 8, 2020

Shoot 16 photos with your mobile showcasing the elements of photography we covered in class: compositioncolorlayering and action.  Do the assignment as follows:

4 photos showing effective composition

4 photos showing a command of color (and lighting)

4 photos showing good use of layering (depth of field)

4 photos giving priority to action (catching the moment)

Download the photos from your phone to your computer and rename them color1, color2, color3, color4; composition1, composition2, etc… and be ready to show them in class next week.

Writing A News Conference Story

Think about the atmosphere, what you heard and how other people reacted.

What was the most important point made. Lead with that.

Make sure to give us the basics. You want to avoid giving us a list of items, but you want to cover all the bases and answer the questions:

Who

What

Where

When

Why

How

Make sure you spell names correctly and that you use titles. Titles are only capitalized when they precede the name of a person.

Here’s what the AP Stylebook says about titles:

titles  In general, confine capitalization to formal titles used directly before an individual’s name. The basic guidelines: LOWERCASE: Lowercase and spell out titles when they are not used with an [more…]
Chapter T ; Updated on Aug 27, 2018

capitalization  In general, avoid unnecessary capitals. Use a capital letter only if you can justify it by one of the principles listed here. Many words and phrases, including special cases, are listed [more…]
Chapter C ; Updated on May 21, 2002

titles  Capitalize or use lowercase according to guidelines in titles in Stylebook’s main section. Job descriptions, field positions and informal titles are lowercase: coach John Calipari; forward Alex [more…]
Chapter Sports Guidelines ; Created on Feb 03, 2015

legislative titles  FIRST-REFERENCE FORM: Use Rep., Reps., Sen. and Sens. as formal titles before one or more names. Spell out and lowercase representative and senator in other uses. Spell out other [more…]
Chapter L ; Updated on May 01, 2020

nobility  References to members of the nobility in nations that have a system of rank present special problems because nobles frequently are known by their titles rather than their given or family [more…]
Chapter N

religious titles  The first reference to a clergyman or clergywoman normally should include a capitalized title before the individual’s name. In many cases, the Rev. is the designation that applies [more…]
Chapter R

religious titles  The first reference to a clergyman or clergywoman normally should include a capitalized title before the individual’s name. In many cases, the Rev. is the designation that applies [more…]
Chapter Religion Guidelines

academic titles  Capitalize and spell out formal titles such as chancellor, chair, etc., when they precede a name. Lowercase elsewhere. Lowercase modifiers such as department in department Chair Jerome [more…]
Chapter A ; Updated on May 01, 2020

preacher  A job description, not a formal religious title. Do not capitalize. See titles and religious titles.
Chapter Religion Guidelines

military titles  Capitalize a military rank when used as a formal title before an individual’s name. See the lists that follow to determine whether the title should be spelled out or abbreviated in [more…]
Chapter M

minister  It is not a formal title in most religions, with exceptions such as the Nation of Islam, and is not capitalized. Where it is a formal title, it should be capitalized before the name: Minister [more…]
Chapter M ; Updated on May 29, 2002

minister  It is not a formal title in most religions, with exceptions such as the Nation of Islam, and is not capitalized. Where it is a formal title, it should be capitalized before the name: [more…]
Chapter Religion Guidelines ; Updated on May 29, 2002

fire department  See the governmental bodies entry for the basic rules on capitalization. See titles and military titles for guidelines on titles.
Chapter F

recipe titles  Recipe titles that appear in stories or regular text are not capitalized (unless the recipe title includes proper nouns). Recipe titles at the top of actual recipes are written in all [more…]
Chapter Food Guidelines ; Created on Jan 15, 2016

priest  A vocational description, not a formal title. Do not capitalize. See religious titles and the entries for the Roman Catholic Church and Episcopal Church in the Religion chapter.
Chapter P

priest  A vocational description, not a formal title. Do not capitalize. See religious titles and the entries for the Roman Catholic Church and Episcopal Church.
Chapter Religion Guidelines

editor  Capitalize editor before a name only when it is an official corporate or organizational title. Do not capitalize as a job description. See titles.
Chapter E

composition titles  Apply these guidelines to the titles of books, movies, plays, poems, albums, songs, operas, radio and television programs, lectures, speeches, and works of art: — Capitalize all [more…]
Chapter C ; Updated on Feb 02, 2018

Roman Catholic Church  The church teaches that its bishops have been established as the successors of the apostles through generations of ceremonies in which authority was passed down by a laying-on of [more…]
Chapter Religion Guidelines ; Updated on May 01, 2002

shah  Capitalize when used as a title before a name: Shah Mohammad Reza Pahlavi of Iran. The Shah of Iran commonly is known only by this title, which is, in effect, an alternate name. Capitalize Shah of [more…]
Chapter S Load More

Stories to Read from The New York Times

Sept. 26, 2020, 7:00 p.m. ET

By Manny Fernandez

Texas: Does Biden actually have a shot at winning? The answer is a tossup.

A volunteer with the Harris County Democratic Party directed people to a Houston drive-in event to watch the national convention last month.
A volunteer with the Harris County Democratic Party directed people to a Houston drive-in event to watch the national convention last month.Credit…Go Nakamura/Getty Images

Texas has 38 electoral votes. In 2016, Trump won the state by 9.0 percentage points. In 2020, it’s rated Lean Republican.

HOUSTON — It’s been a long time since a Democrat won Texas in a presidential race. “Disco Duck” ruled the airwaves and “All the President’s Men” was all the cinematic rage the last time it happened. The year was 1976, when Texans selected Jimmy Carter over Gerald R. Ford.

Nearly 44 years later, people in Texas and beyond are wondering if Mr. Biden can pull a Jimmy Carter. The answer so far is yes, no, maybe not and maybe so. You hear some version of the four depending on whom you ask and whether they live mentally or physically in red Texas or blue Texas (both are a place as well as a state of mind).

“Put me down as a yes,” said State Representative César J. Blanco, a Democrat and Navy veteran in El Paso. “It’s looking like a perfect storm for Democratic candidates up and down the ballot in Texas.”

“No, I don’t see Biden being successful, and his own campaign does not either — zero serious efforts being waged 40 days out with early voting starting in just 20 days,” said David M. Carney, a Republican strategist who has advised former Gov. Rick Perry and other top Texas conservatives.

Republicans and Democrats rarely agree on anything in battleground states. In Texas, they cannot even agree on calling it a battleground. For many Democrats, the notion that Texas is a battleground state in 2020 is its own kind of victory — an acknowledgment that the decades-long Republican grip on the state has loosened and its solid red hue has started fading to purple.

A series of polls suggests such a seismic shift stirring: A New York Times/Siena College survey of Texas published Thursday found Mr. Biden trailing Mr. Trump by just three percentage points, within the poll’s margin of error.

“I don’t need to tell you, Texas is the biggest battleground state in our country,” Hillary Clinton told Texas Democrats on Thursday in a video speech at an annual fund-raising dinner.

Some Texas Republicans bristle at the description. A handful of Democrats have cut it close in Texas in recent years: Mrs. Clinton herself lost to Mr. Trump in 2016 by only nine percentage points and Beto O’Rourke was defeated by Senator Ted Cruz in 2018 by just two percentage points. But Republicans point out that the last time any Democrat won statewide office in Texas was 1994. How can a Democrat win Texas for the White House, they ask, when a Democrat cannot even win Texas for state agriculture commissioner or state attorney general?

State Senator Paul Bettencourt, a Houston Republican, sees another factor at play: the new fight over a Supreme Court nomination, which he said would help Mr. Trump energize his supporters and win votes from independents and Republicans who had been dissatisfied with him.

“I think the chance is gone at this point,” Mr. Bettencourt said of whether Mr. Biden could win Texas. “A few months ago, maybe there was a chance. But now, no. Too many hot buttons have been hit all at the same time.”READ MORESept. 26, 2020, 5:00 p.m. ET

Read More

Journalism Style Guide

Most news organizations have style and ethics handbooks. They expect reporters, editors and producers to follow the guidelines they lay out.

When it comes to writing, this means that reporters use the same abbreviations, punctuation and approach to writing.

Here’s an example from the Reuters Handbook:

adjectives

Use sparingly. Inject color into copy with strong verbs and facts first. If you have more than two adjectives before a noun, rewrite the sentence. A reader struggles with “the one-eyed poverty-stricken Greek house painter.” Avoid adjectives that imply judgment: “a hard-line speech,” “a glowing tribute,” “a staunch conservative.” Depending on where they stand, some people might consider the speech moderate, the tribute fulsome or the conservative a die-hard reactionary.

When using an adjective and a noun together as an adjective, hyphenate them if it helps to avoid a realistic ambiguity: “a sliced egg sandwich” could mean two things; “a happy birthday card” cannot; “a blue-chip share,” “high-caste Hindus.” By extension, adverbs that end in “-ly” paired with adjectives modifying nouns do not need hyphens, since adverbs cannot modify nouns: “a poorly planned operation” cannot be misconstrued to mean an operation that is poorly and that is planned.

The Reuters’ handbook is a great free resource for you to use. If you wonder about capitalizations, abbreviations, or many other writing questions, please look here:

http://handbook.reuters.com/index.php?title=A

 

Our Class Style Guide

  • Write in the active voice. That means the subject does the action. You can find more on this website here.
  • Start your paragraphs at the margin.
  • Write out numbers one through nine.  Use numerals beyond 10.
  • Write out the full name of a person, organization company, country or state before you use an abbreviation or the initials.

You can use initials for well-known names like the FBI or DEA. When the name is unfamiliar write out the full name: The Bureau of Alcohol Tobacco and Firearms, before you write ATF.

When you abbreviate the United States always put a period between the letters. U.S. to avoid confusion with us.

Because most of your work will appear on a website, write out the full name of a company or organization followed by the initials in parenthesis. For example The Federal Trade Commission (FTC).

 

  • Link to the company or organization when you mention them. If you site research, link to the page where you found the research. Also mark open a new page or tab when you create the link.
  • Write percent rather than %
  • When you quote someone, punctuation goes inside the quotation marks. For example,

“Being around guns didn’t affect on me, but knowing how to use guns definitely had an impact on me,” Max said.

Use . . . three dots, at the beginning and end when you use only part of a quote.

  • Capitalize job titles only when they come before a name.  For example: City College President Vincent Boudreau.

Use the lower case when you write, “The City College president held a town hall meeting.”

If we talk about the president of the United States, “The president told his supporters that he doesn’t care what other people think.”

“President Trump said he doesn’t care what people think.”

Some words sound alike but have different meanings. People confuse affect and effect frequently.

  • Use affect as an adjective, noun or verb when you want to say that something influences or when something is put on.  “Nicky’s yelling affected everyone in the room.”  Or, “Nicky affected an angry air.”

Use effect when you mean the result.  “They felt the effects of the drug.”

Use italics for the names of books, magazines, newspapers, plays, movies, works of art, TV programs, radio shows, songs, albums.

  • Avoid fussy words that connect ideas:

however

furthermore

nevermore

nevertheless

  • You can find more examples of fussy words and phrases in the How We Write section of this website.
  • We’ll continue to add to our style guide.

 

 

From Vanity Fair about Washington Post Protocols

In a memo to the newsroom on Wednesday morning, executive editor Marty Baron outlined five “principles for covering potential hacked or leaked material ahead of the election.” 

First principle: “Before reporting on the release of hacked or leaked information, there should be a conversation with senior editors about the newsworthiness of the information, its authenticity and whether we can determine its provenance. Our emphasis should be on making a sound and well-considered decision—not on speed. We should resist the instinct to post a story simply because a competitor has done so.”

Second principle: “Beware the echo: The fact that politicians or other organizations are reporting or commenting on hacked or leaked information does not automatically make it reportable by us.”

Third: “If a decision is made to publish a story about hacked or leaked information, our coverage should emphasize what we know—or don’t know—about the source of the information and how that may fit into a foreign or domestic influence operation. Our stories should prominently explain what we know about the full context of the information we are presenting, including its origins and the motivations of the source, including whether it appears to be an effort to distract from another development. Headlines need to be carefully vetted to make sure they do not echo propaganda.” 

Fourth: “We should avoid linking to hacked material or potential disinformation, which could amplify such material online without context. Also, while such material may be authentic, it may be part of a release that also includes doctored or falsified material.”

And last but not least: “Connect the dots: Our ongoing coverage should help readers understand how political lines of attack fit into disinformation operations. If a candidate amplifies a critique of an opponent that is also being promoted by foreign actors or domestic conspiracy theorists, we should make that clear in our stories.”

Welcome to election season 2020.

Stories to Read

Photo New York City Mayor’s Office

The New York Daily News

Mayor de Blasio pushed back in-person school re-openings Thursday over concerns raised by union leaders.

In-person learning will now start on Sept. 29 for kids in grades kindergarten through eight. Middle schools and high schools will now re-open in-person learning on Oct. 1.

Pre-k and 3-k students will still re-open on Sept. 21, the original in-person start date.

“There are some blanks that we need to fill in,” teachers union leader Michael Mulgrew said Thursday at a press conference with de Blasio. “We must make sure we get this right.”

De Blasio said teacher staffing levels are the biggest concern and announced Thursday that the city will bring in another 2,500 teachers, in addition to the 2,000 he previously announced, bringing the total to 4,500 additional teachers.

This is breaking news – more to follow.

Photo New York City Mayor’s Office

The Wall Street Journal

By Leslie Brody and Katie Honan Updated Sept. 17, 2020 11:00 am ET

New York City schools will delay in-person instruction for a second time, Mayor Bill de Blasio said Thursday, after growing complaints from teachers over classrooms being understaffed and unsafe due to the coronavirus pandemic.

For coverage of how students and parents are navigating education during Covid-19, please see WSJ’s Coronavirus & Education

The nation’s largest school district offered its 1 million students the option of fully remote learning or a hybrid of some in-person instruction and remote learning. In-person instruction was scheduled to begin on Monday.

Mr. de Blasio said at a news conference that in-person instruction will instead begin in phases, with the youngest students returning to classrooms first.

Read more

New York Daily News

Heart attack patient dies, 11 people injured, after FDNY truck crashes into ambulance in Brooklyn

Two life-saving efforts ended in tragedy when an FDNY truck headed to a Brooklyn fire slammed into an ambulance rushing a heart attack victim to the hospital, with the patient killed early Thursday and another 11 people injured, police said.

The lights were flashing on both vehicles when the collision occurred at a Bedford-Stuyvesant intersection, leaving a woman critically injured inside the ambulance as she rode along with the victim, officials said.

Six firefighters and two paramedics were also hospitalized, along with two people struck inside a nearby car while stopped at a traffic light, cops said.

The patient, identified by family as Jamil Almansouri, 59, was headed to Woodhull Medical Center when the ambulance was T-boned by a fire truck from Ladder 102 at the corner of Myrtle and Throop Aves. at 12:51 a.m., police said.

The fire truck was heading west on Myrtle Ave., responding to a blaze three blocks away, when it struck the driver’s side of the ambulance going north on Throop Ave., authorities said. The force of the impact sent the ambulance into a Honda CRV stopped at a traffic light with a driver and one passenger inside.

Responding medics rushed Almansouri and the 35-year-old woman riding with him to Woodhull, where he was pronounced dead. The woman remained in critical condition Thursday as authorities began their investigation into the bizarre crash.

According to police, the FDNY truck responded at 12:43 a.m. to a fire on the fifth floor of an eight-story building at 721 Willoughby Ave. to help search for people reportedly trapped inside the burning residence.

Six minutes later, the ambulance picked up the heart attack victim — already in critical condition — and took off for Woodhull.

The fire truck slammed into the ambulance near the rear axle two minutes after that, with the medical vehicle then crashing into a Honda CRV stopped at the traffic light with two adults inside, police said.

Six firefighters and two EMTs involved in the crash were taken to Bellevue Hospital with minor injuries. One of the EMTs suffered a leg injury, cops said. The two people in the Honda were also taken to nearby hospitals with minor injuries.

####

Hyperallergic

The Story Behind a Misunderstood Satanic Monument

When Confederate memorials began to be toppled in June, far-right organizations called for the destruction of the Satanic Temple’s bronze statue of Baphomet. Here’s why that doesn’t make sense.

“Satanic Panic” never really ended; it just fell out of fashion in mainstream media. With the rise of QAnon in Trump’s America, however, Satanism has received renewed interest across the conservative media spectrum. When the Black Lives Matter protests started bringing down Confederate memorials in June, far-right publications and organizations like The Washington Times and Turning Point USA called for the destruction of the Satanic Temple’s bronze statue of Baphomet, its patron deity with the head of a goat and angel wings.

Read more

Pyramid Style Stories

The New York Times

By Sydney EmberKatie Glueck and Thomas Kaplan

Sept. 17, 2020, 5:00 a.m.In July, as the coronavirus pandemic raged, Joseph R. Biden Jr. made one trip to a battleground state. In August, he again visited just one swing state. And on the second weekend in September, less than eight weeks before Election Day, Mr. Biden’s only activity was going to church near his Delaware home.

Mr. Biden’s restraint has spilled over into his campaign operation, which was late to appoint top leaders in key states and embraced a far more cautious approach to in-person engagement than President Trump, and even some other Democratic candidates. While the Trump campaign claims it is knocking on hundreds of thousands of doors a day, the Biden team is relying heavily on TV ads and contacting voters largely through phone calls, text messaging programs and other digital outreach.

That guarded strategy reflects the bet Mr. Biden’s campaign has made for months: that American voters will reward a sober, responsible approach that mirrors the ways the pandemic has upended their own lives, and follows scientific guidance that Mr. Trump almost gleefully flouts.

Read more.

Need To Know Copyright

Copyright symbol All Rights Reserve

by Barbara Nevins Taylor 

Our first instinct is to pull images and music from the internet. Everything is right there for the taking and many who create content think about using what’s accessible and seems available. Borrowing can quickly solve a variety of editorial problems.

But not all material on the internet is free to use and it may be illegal to just grab and go.

Copyright is a law that protects creators of works that include text, books, photos, graphics, artwork, music, and anything that has a copyright symbol next to it.

How do you get a copyright?

The federal Office of Copyright says:

“The copyright notice generally consists of the symbol or word “copyright (or copr.),” the name of the copyright owner, and the year of first publication, e.g., ©2008 John Doe. While use of a copyright notice was once required as a condition of copyright protection, it is now optional. Use of the notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office. 

How long does it last?

Copyright extends for the life of the author plus 70 years. There are some efforts underway in Washington to change the copyright law and reduce the number of years a creator can hold on to copyright.

But the bottom line is that the law, and basic fairness, require us to honor copyright.

That means that we can’t borrow material freely from the internet unless the creator clearly states that you can use the work.

Fee for Use

If you want to use an image or music and the creator does not indicate that you may borrow it, there’s likely a fee to use it.

 Copyright and Creative Commons

On the other hand, the good news is that some content creators are eager to have their work used and distributed even if they don’t get paid.

Most, however, want credit.

This image has an empty alt attribute; its file name is Creative-Commons-License-.png

The Creative Commons License was established in 2002 to make a wide variety of content available from willing content creators who want to get their work seen and heard, but may also want credit. The Creative Commons 4.0 license requires you to attribute the photo, or piece of music or artwork. You must link to the site where the image came from and you must give credit on your site to the creator.

This image has an empty alt attribute; its file name is Creative-Commons-License-3.0.png

Flikr,  Unsplash, SnapFish, 500px , postimage, and other sites that will probably start up by the time you read this, offer photo sharing of one kind or another.

Many of the photos posted on these sharing sites ask for Creative Commons attribution. They make their work available under a Creative Commons License.

 

In most cases, even with Creative Commons, the creator wants credit. You can freely use these images, but you must credit the creator either on the image, or somewhere in the printed material or the text on the website or the brochure. There is often a request for you to link to the creators site, or Wikimedia where the image may have been posted.

You can find images with Creative Commons licenses indicate via Google and Bing search engines.

This image has an empty alt attribute; its file name is Dogs-Settings.png

When you use images on Google there is a tab for settings.

On Bing there is a tab for License.

On Google

Click on Advanced Search and it will take you to this page:

Choose:  “free to use or share, even commercially

If you plan to modify the image or graphic make sure that you choose: “free to use, share or modify, even commercially.”

You’ll then get a range of photos that you can use for free. But you must if it is an attribution license, you must give credit to the creator.

If you use Bing once you choose the subject that you are searching, images will come up and the list of headings in the bar at the top of the images will include the word: License. 

You can also find images through Wikimedia or Wikipedia

Wikicommons Better image

Some people will allow you to use the images without attributions. But be very careful.  To find the license you may have to click through several layers to check to see the requirement. 

Pixabay features a wide range of photos posted by photographers. They are free, but you can leave a donation for the artist. They ask for coffee money.

Tiger, Photo by Gellinger, Courtesy Pixabay

Photo by Gellinger, Courtesy Pixabay, Creative Commons License

Public Domain 

On Wikipedia, and elsewhere, you may find works labeled Public Domain.  The federal Office of Copyright defines public domain this way:

“The public domain is not a place. A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.”

U.S. Government agencies maintain photo and video archives and most of the work is in the public domain. 

This Department of Defense photo for example is free for you to use. It’s always a good idea to give credit to the photographer and the agency.

 Photo By: Petty Officer 2nd Class Nicholas Burgains

 

U.S. Marines on exercise

U.S. Marines, Senor Beach, Oman. U.S. Marine Corps photo by Gunnery Sgt. Robert B. Brown Jr.

The Library of Congress has photos and videos in the Public Domain.

Hot Lips

Hot Lips at the Apollo, 1946.  William P. Gottlieb/Ira and Leonore S. Gershwin Fund Collection, Music Division, Library of Congress.

FEMA, the Federal Emergency Management Agency offers Public Domain photos and video of disaster areas when the agency responds.

Hurricame Maria Responsed, FEMA photo

Hurricane Maria response, Photo courtesy FEMA

FEMA Home Destroyed in Bayhead, New Jersey

Aftermath of Hurricane Sandy. Photo courtesy  FEMA.

 

VIDEO 

Vimeo offers Public Domain videos. You can them here: https://vimeo.com/channels/publicdomain

Government agencies also have video that you can use for free.

Pixabay  Offers videos on a many subjects and you can use them for free. 

Videvo.net offers free stock footage.

Archive.org features videos that creators will let you use. Make sure to check the license to see if attribution is required.

https://archive.org/details/NycTrafficTimeLapse/NycTrafficWmv.wmv

Moving Image Archive hosts videos you can use. Again, make sure to check the license.

CreativeCommons has a site where you check for video. 

 

Music

Popular music generally requires the payment of royalties to the artists, composers, arrangers, producers and anyone else who had something to do with the production of those works.

Licensed Music and Music for a Fee

 ASCAP and BMI provide licensing for music and it is possible to purchase the rights, or a license, to use something that fits the creative bill.

But in most cases, the cost is prohibitive unless you have a blanket license to use a certain amount of music.

If you use music in a video that you post on YouTube and the creator has not authorized the use, it is likely that YouTube will challenge your right to use it and it may block your video.

However, there are new sites cropping up all of the time and there is a wide range of choices for music selections.

Stock music is available for a fee and there a many sites that offer this service including:

Unroyalty YouTube

http://www.stockmusic.net

http://www.freestockmusic.com

http://www.premiumbeat.com/stock-music

http://www.pond5.com/music/1/*.html

http://us.audionetwork.com

http://www.gettyimages.com/music

 

Royalty Free Music

YouTube’s audio library and has a range of music that is available for free

http://www.youtube.com/audiolibrary

There are many sites that also offer free music. There is generally a stipulation that requires that you honor the Creative Commons License and credit the creators.

ccMixter

Incompetech

SoundCloud

http://www.purple-planet.com

Again, by the time you read this there may be many new sites.

 

Fair Use in News and Reviews

From the American Bar Association

Vol. 28 No. 6

By

Pierre Vudrag practices media and sports law in Southern California.

Fair use is a doctrine that is used to encourage criticism and commentary of copyrighted works. It is based on the concept that one should be free to use portions of copyrighted materials without asking permission from the copyright owner. It is an equitable principle that is frequently used as a defense by those sued for copyright infringement.

Determining fair use. To get a general sense of how fair use is applied, one must understand a set of fair use factors outlined in the lineage of case law dealing with copyright infringement. These factors are weighed in each case to determine whether a use qualifies as a fair use, often through varying court decisions with an expansive or restrictive meaning that could be open to interpretation. If a use is deemed not to be a fair use, then one would essentially be infringing on the rights of the copyright owner and may be liable for damages. Unfortunately, even if you strictly follow these factors and the copyright owner disagrees with your fair use interpretation, your dispute may have to be resolved through litigation or the payment of licensing fees.

Fair use in the general sense, with no hard-and-fast rules, is the use of copyrighted material without permission from the appropriate copyright owner for a limited and, as the courts deem, “transformative” purpose so as to comment on, criticize, or parody such copyrighted work. Specifically, the Supreme Court emphasized that the transformative nature of the use determines whether the material has been used to assist in the creation of something new, rather than merely copied verbatim into another work. In other words, one must ask: (1) has the material taken from the original work been transformed by adding new expression or meaning? and (2) was value added to the original, thereby creating new information, or new aesthetics, or new insights and understandings?

Generally, two categories are used when making a fair use—commentary or parody. Typically, when focusing on news and editorial reviews, one would look to the first category, commentary. When commenting on or critiquing a copyrighted work, fair use principles would allow one to reproduce some of the work to accomplish one’s intent.

Courts have generally used four factors in resolving fair use disputes, which are laid out in Section 107 of the Copyright Act: (1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion taken; and (4) the effect of the use on the potential market.

The purpose and character of the use. The “purpose and character” factor is the determining factor in many fair use decisions, as it allows the court to take a subjective look into the potentially infringing party’s intentions behind the use. Particularly in cases involving news reports, footage, reviews, and sports highlights, this factor typically favors the party claiming fair use for various reasons.

The first thing that we need to know is that copyright protection does not protect factual information conveyed in the copyrighted work, meaning that publicizing the scores of a sporting event or other factual information such as injuries, retirement, and so forth is considered fair use and does not constitute copyright infringement. What helps to strengthen a fair use argument in a case not involving the use of mere factual information is the use of the copyrighted material for the purpose of legitimate news commentary. For example, when using a clip or photograph to report the results of a sporting event or other factual information, courts have regarded the use of copyrighted material as fair use when the use is (1) brief quotations only; (2) presented in a news report; and (3) presented in a newsreel or broadcast of a work located in the scene of an event being reported.

Nature of the copyrighted work—published or unpublished. The scope of fair use is narrower for unpublished works because an author has the right to control the first public appearance of his or her expression. Therefore, you have a stronger argument in favor of fair use if the material copied is from a published work rather than an unpublished work.

Amount and substantiality of the portion taken. A general misunderstanding of fair use application has led to the “seven-second rule,” which many clearance representatives follow. A brief use of footage may not be deemed fair use unless all fair use factors can be applied. But the amount of footage used is a key factor in determining if a use is not fair, as highlighted in a key 1977 court case. The Second Circuit found that a CBS affiliate’s use of a one-minute-and-15-second clip of a 72-minute Charlie Chaplin film was not a fair use when used in a news report about Chaplin’s death. The court deemed that the portions taken were “substantial” and part of the “heart” of the film. The court’s analysis may have been different if CBS had used only a limited portion of the footage to simply enhance its news commentary on Chaplin’s death. The Second Circuit’s ruling is a clear indication that this type of use will never be considered fair use.

Effect of the use on the potential market. One of the most important fair use factors is whether the use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work. If a copyright owner feels that he or she has been deprived of income, this is likely to trigger a lawsuit. This is true even if you are not competing directly with the original work.

Does fair use apply? Although the four-factor test of Copyright Act Section 107 provides a firm foundation for understanding which uses are fair uses, courts have infamously favored different factors in different cases, resulting in very unpredictable outcomes. There is a sizable gray area in which fair use may or may not apply.

So how does a news organization invoke fair use while falling within the permitted guidelines established by case law and without invoking potential litigation? The simplest way is to get permission from the copyright holder, but this is not always possible given the fluidity and immediacy of news reporting. To invoke fair use when using noncleared third-party clips, the news organization should follow these guidelines: (1) make sure the use is for a legitimate news report; (2) only use the clip when reporting on a fairly recent news event (usually 24 to 48 hours); (3) make sure that the use is a brief use of the clip to underscore the reporting of the news; (4) make sure there is actual commentary or criticism by a news reporter or anchor of the action appearing in the clip (there has to be a “transformative use” of the copyrighted material); (5) if reporting on a sporting event, make sure the event has been concluded, meaning it may not be fair use if the game has not been completed; and (6) make sure the materials are used in a bona fide news program.

 

More Information about the Entertainment and Sports Industries Forum

This article is an abridged and edited version of one that originally appeared on page 1 of Entertainment and Sports Lawyer, Fall 2010 (28:3).

For more information or to obtain a copy of the periodical in which the full article appears, please call the ABA Service Center at 800/285-2221.

Website: www.americanbar.org/groups/entertainment_sports.html.

Periodicals: Entertainment and Sports Lawyer, a quarterly newsletter; Journal of International Media and Entertainment Law, a biannual journal.

CLE and Other Educational Programs: Forum Annual Meeting, October 13–15, 2011, New York, New York.

 

 

 

 

 

 

Follow the prompts at the top and enter your search.

 

You can skip down to the bottom where it says: usage rights. Click on the arrow and the following choices come up.

 

Choose:  “free to use or share, even commercially

 

If you plan to modify the image or graphic make sure that you choose: “free to use, share or modify, even commercially.”

 

You’ll then get a range of photos that you can use for free. But you must give credit to the creator.

 

If you use Bing once you choose the subject that you are searching, images will come up and the list of headings in the bar at the top of the images will include the word: License.

 

 

A drop-down menu provides the same choices that appear on Google Images.

 

Always choose a commercial license and if you plan to modify make sure that you choose the license that allows you to modify the image.

 

Music

 

Popular music generally requires the payment of royalties to the artists, composers, arrangers, producers and anyone else who had something to do with the production of those works.

 

Licensed Music and Music for a Fee

 

ASCAP and BMI provide licensing for music and it is possible to purchase the rights, or a license, to use something that fits the creative bill.

 

But in most cases, the cost is prohibitive unless you have a blanket license to use a certain amount of music.

 

If you use music in a video that you post on YouTube and the creator has not authorized the use, it is likely that YouTube will challenge your right to use it and it may block your video.

 

However, there are new sites cropping up all of the time and there is a wide range of choices for music selections.

 

Stock music is available for a fee and there a many sites that offer this service including:

 

http://www.stockmusic.net

http://www.freestockmusic.com

http://www.premiumbeat.com/stock-music

http://www.pond5.com/music/1/*.html

http://us.audionetwork.com

http://www.gettyimages.com/music

 

Royalty Free Music

 

YouTube recently launched an audio library and has a range of music that is available for free

 

http://www.youtube.com/audiolibrary

 

There are many sites that also offer free music. There is generally a stipulation that requires that you honor the Creative Commons License and credit the creators.

 

ccMixter

Incompetech

SoundCloud

http://www.purple-planet.com

 

Again, by the time you read this there may be many new sites.