c2L04 - Introduction: Copyright and Right of Use

Last modified by Daniel Nübling on 2022/08/03 08:12

Copyright and right of use 

In this unit the learners get an insight into the topic of copyright and rights of use.

Preparation

As the learning unit focuses on dialogue and exchange between the participants, the teacher should first deal extensively with the topic of copyright and rights of use. The basic knowledge can be found in the corresponding chapter in our CUMILA manual. Further information can be found in the links provided in this exercise. 

Method / Process description

The following description is intended as a suggestion for a teaching unit.

In the first part, the learners are familiarised with the important basic rules. In the second part, the knowledge imparted is deepened by means of examples. As the topic is quite extensive, it is up to the teacher to adapt the scope and depth of the learning unit to the group.

Overview of the most important rules

  • For a first overview of the whole topic, the attached presentation can be used.
  • Subsequently, individual topics can be explored in greater depth (as needed).
  • Separate exercises are available for the topics "Use of image materials" and "Creative Commons".

Part1 - The Basics

a) Introduction - Overview of the different rights

  • The learners should collect together in plenary what kind of "rights" they already know.
  • In order to illustrate the complexity of possible copyrights and rights of use, the learners should try to name the different rights using a concrete example. The list does not have to be complete, rather the point is to recognise the variety of different copyrights and rights of use that may apply in such a case.
  • Example: An opera was performed in the municipal theatre. Film recordings were made which are now published as a DVD.
    • Possible rights:
      • The author of the opera owns the copyright to his work (even after his death). The theatre needs the rights to use the sheet music. 
      • Copyright of the theatre in the type of staging. Depending on the production, the theatre may have its own copyright in the artistic staging of the opera.
      • Exploitation rights of the orchestra in the recording. The orchestra has exploitation rights to its own interpretation of the notes - i.e. to the recording of the musical realisation.
      • Personal rights (right to one's own image) of the visitors. They were presumably informed about the TV recordings and gave their consent for the recording).
      • Rights of use of the publisher who publishes the DVD. The recordings are subject to the rights of use of the publisher and may not be shown publicly without a licence.

b) Use of text (The right to quote)

c) Use of images

Part2 – Questions as an exercise 

a) May I?

Based on the knowledge imparted, learners should assess certain scenarios. Each scenario can be discussed briefly. The aim is for the group to come to a unified, correct conclusion.

  • Publishing a recipe from a cookbook on your own website
    • The question is to what extent the publisher or the author has copyright to the recipe and to what extent a recipe can be legally protected at all.
    • If you re-cook the recipe and describe your experiences and reproduce the recipe in your own words, you should not have any legal problems here.
    • Simply photographing the page of the cookbook and posting it on the internet is not allowed. Photos from the cookbook may not be used either, of course.
  • I am selling a product on Ebay. In order to present the product in the best possible way, I use a product picture that I got from the manufacturer's website.
    • I may have bought and own the product. However, I do not have any rights to the product photo on the manufacturer's website. I am not allowed to simply use the photo. Many companies even issue warnings for such actions.
  • Holding your own film evening on the premises of a club.
    • Anyone who watches a film at home with friends does not need a licence. However, a licence is required for public film screenings. According to German copyright law, a group of people is only considered non-public if there is a close personal connection among all participants. And anyone who shows films in publicly accessible rooms (e.g. clubhouse, youth centre) also needs a licence.
  • Backgrounding the private holiday video with music by the favourite band
    • The question of whether music may be used in private videos always requires a legal review in each individual case. The basic rule is that several people have rights to pieces of music (e.g. the composer, the artist and the production company).
    • At the latest when the private video is published (e.g. by posting it on a social media platform), the various rights are infringed. (Copyright, right of use, right of reproduction, editing protection, ...).
    • But what about works in the public domain? In other words, works whose author has been dead for more than 70 years? Then I can still use the music? Not necessarily. If the recording was made by an orchestra, the orchestra in turn owns the rights to its own recording. I then need the orchestra's right of use.

Download material

Teaching materials

  • Powerpoint presentation to introduce the topic

References

Short facts

Target groupAdults & young people
SettingPlenum
Time45 min.
Material
  • PC
  • Material (see below)

Contents

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