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What's Legal: producer's rights (page 2)

Play Safe

Even if you believe your use of material is fair use, be safe and get permission, which often costs little or no money. Acknowledging the source is not enough. So do the research, write the letters and get approval, if possible, from the copyright holder of any work you want to use. This can save you time, money and headaches. When in doubt, consult a copyright attorney.

Public Domain

There's no need to get permission to copy items in the public domain. The complicated issue of how long a copyright lasts might be a future topic. To read more, check out www.copyright.cornell.edu/public_domain. [See also this issue's In Box, page 6.]

For now, here's the rule: anything created after January 1, 1978 is protected by the Copyright Act, even if it hasn't been registered in the U.S. Copyright Office, for the author's life plus 70 years. (For multiple creators, it's the date the last person dies plus 70 years.) For a "work made for hire" by a company or corporation, or if the creator's date of death is unknown, copyright term is 120 years from creation.

Attorney Mark Levy specializes in intellectual property law. He has won many amateur moviemaking awards. Gina Gullace is Levy's research assistant & editor of the Amateur Movie Makers Association's AMMA Monitor.

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