Tag: copyright

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Copyright Law: Using music or other audio in training and presentations

Over the past few weeks, you learned about copyright law related to images and content created with AI, specifically when used in training and presentations.

But what about copyright concerns regarding the use of music or other types of audio?

Several years ago, I was told that you could add 30 seconds of copyrighted music to your training or 10% of the total audio playtime without obtaining permission from the content owner. It turns out that that was bad information.

Copyright expert Linda Wolff Rohrbaugh states, "That myth arose from an education working group that tried to create safe harbor standards for face-to-face education. No court has adopted the standards, though apparently, the group had an excellent public relations effort because the myth spread far and wide and continues to persist." 

Rohrbaugh went on to say, "Audio is not free to use. Whether with or without music, recordings are copyrightable and have the most complex maze of protection possible. Why? There are two copyrights in a sound recording … one for the author and another for the recording artist/producer. Both need to be cleared if using a recorded song or other audio piece. Plus, each copyright has different protection periods. If the author’s rights have expired, you may still need clearance for the sound recording if it is still under copyright. Failing to obtain proper permission can result in a lawsuit for up to $150,000 per song or audio clip used, even if you didn’t make any money."

Audio performance rights are held by the audio's author (also known in music as the composer or songwriter) and apply to any performance of the notes, melodies, and/or words for people other than just close friends and family. It applies whether you are making a cover song to post on social media for fun or using someone’s recorded version in your online course.

Authors may independently handle copyright release requests or may have given these rights to an agent such as a music publisher. There may be multiple copyright owners and agents, and you’ll want consent from ALL of them to be safe.

Music rights owners can be researched online using a database called SongFile.

Use Strategies

If you want to use audio in your training legally, stick to audio from the public domain—from 1922 or earlier. The variety, especially of sound recordings, is a bit limited since sound recordings didn’t exist for too long prior to 1927. Music in the public domain can be freely reused BUT (and this is a big caveat!), if you grab a recorded version of that public domain music, you must check the date the recording was made. If it was after 1927, you will still need consent from the recording artist/label.

You could license the clip from the owner or their agent. Music libraries such as MusicBed are a great source for original music clips in various genres and lengths. Pricing is determined by how you plan to use the music. A popular source of publicly released music is Easy Song Licensing. They have pre-negotiated the rates for some music or can negotiate on your behalf to get the rights to use clips that require independent licenses. 

If you have time and talent, you can create and use your own music as you see fit. Remember to put your copyright notice on the presentation because everything you record will be copyright-protected from the moment you save the file, but the notice entitles you to more money if someone borrows your work without permission.

To learn more about copyright law as it relates to training and training support materials, check out this vILT course led by Linda and Kevin Siegel.

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Copyright Law: Can content created with the help of Artificial Intelligence be protected?

Generative artificial intelligence (AI) is all the rage these days, and for good reason. It is the next disruptive tool on the scale of the World Wide Web itself, so the sooner online educators learn and embrace it, the more likely they will be to keep pace with the advancing technology.

AI is certainly innovative. However, with innovation comes caution. While using AI may be fine for back-office purposes, such as creating marketing plans or figuring out the course titles that are most likely to grab attention, using AI to create substantive works may not be optimal and could even cause trouble for you down the road.

First, AI-generated content is not copyrightable. Only content created by humans can be protected. If your training course contains substantial artificial content, that content must be excluded when you register the copyright. Once the content has been excluded, the human-created remainder must be substantial enough to allow the registration to proceed.

Second, you cannot stop people from copying the AI-generated content you include in your course. Such content is considered to be within the public domain. You did not create it, so you don't own it. Thinking of the prompt that caused the AI to generate your desired content does not give you any claim to the content. Even if clever, the prompt itself is also unlikely to be considered original enough to be copyrightable.

Finally, how do you know the AI-generated content is accurate? AI gets its input from multiple sources, some of which may be solid and others dubious. If you republish incorrect information generated by AI, you could be liable for misleading the public, depending on the type of wrong information involved.

To learn more about copyright law, training, and training support materials, check out our upcoming training event led by Linda Wolff Rohrbaugh and Kevin Siegel.

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Copyright Law: Using Images for Training

You've created training with Microsoft PowerPoint or an eLearning development tool such as Articulate Storyline, iSpring Suite, Articulate Rise, TechSmith Camtasia, or Adobe Captivate. Your training includes one or more copyrighted images.
 
If you are the copyright owner, you can reproduce or make copies of your images, distribute them to the public, and create derivative works based on the initial image. (Derivative works, also known as “adaptation rights,” include some or all of the original image and add new material to create something different from the original piece. For example, when you revise or update a website, you create a derivative work based on the old website. Other typical derivative works include translations, musical arrangements, dramatizations, fictionalizations, motion picture versions, sound recordings, art reproductions, abridgments, condensations, or any other form in which an image or video may be recast, transformed, or adapted.)
 
Copyright owners also have the right to publicly display the image at a place open to the public or to a substantial number of persons outside the usual circle of a family and its social acquaintances. Examples include using a photo in an eLearning project that will be marketed to the public, posting a picture on a website, or posting an NFT (a “non-fungible token,” which is a one-of-a-kind digital artwork, image, sound, motion picture, or anything else that can be downloaded and turned into an artificial intelligence algorithm) of a photo on an online marketplace.
 
But what are your rights to use the copyrighted image for training if you are not the copyright owner? Well, usually, you have no rights and should get permission. The fair use right to free speech is available to those who must use an image for criticism, commentary, parody, research, scholarship, or educational (face-to-face nonprofit) purposes. But even then, fair use is a defense that needs to be raised and proven to prevail.
 
The court will first consider the purpose of the use—whether commercial, promotional, or more about community benefit or criticism. Why would claiming fair use not work so well for you? A typical training course is a work made for commercial purposes, whether you sell the course or give it away to promote a platform or provider.
 
If there is a commercial purpose for the training, fair use is rarely found. Having a commercial purpose overrides the rest of the analysis in most cases. So, if your training is intended for an asynchronous audience or profit, getting permission is the wisest decision you can make because a fair use claim will likely go against you.
 
From a financial standpoint, if you decide to fight and claim fair use, the attorneys’ fees you have to pay to defend you are likely to come close to or even exceed the damage claim raised by the copyright owner, making it a poor business decision to pursue your “right.” Even if you have advertising injury insurance, your insurer may press you to settle rather than pursue your “rights” in court because it will typically hold their costs down.  
 
If the copyright owner discovers your use and sends you a cease and desist letter along with a demand for payment of damages, take it seriously. You can certainly try to negotiate with the owner to reduce the amount to pay in settlement of the claim, but if you ignore it, you may find yourself on the receiving end of a lawsuit that will likely go against you. The best, least expensive way to avoid unwanted litigation and a sizeable monetary penalty is getting permission in advance.

To learn more about copyright law as it relates to training and training support materials, check out our upcoming training event led by Linda Wolff Rohrbaugh and Kevin Siegel.

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eLearning and Copyright: Are You at Risk?

CopyrightImageOnline training is more popular than ever. With powerful development tools such as Articulate Storyline, Articulate Rise, TechSmith Camtasia, Adobe Captivate, and Lectora, it’s never been easier to create relevant, highly interactive, and visually stunning eLearning.

Regarding the visually stunning part of eLearning… adding compelling images and videos to your training is a great idea. But where are you going to get those assets? A quick search on the internet finds this great image of Mickey Mouse. Another search finds a cute cat video that will add the perfect amount of humor to your module. The online options are endless, and the assets are easy to download and import into your project.

You publish and upload the project to your web server or Learning Management System. Along with the kudos from your learners comes a cease-and-desist letter from the lawyers at Disney. Worse, that cat video gets you sued for significant money. Even worse? You have to pay the fine, and it's painful.

According to copyright.gov, “anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.”

Let those numbers sink in for a moment… $30,000… $150,000…

As the boundaries between traditional and online education continue to blur, educators and institutions face unique challenges and opportunities to ensure that their eLearning content is effective and legally compliant. This course is designed to equip you with the knowledge necessary to navigate the complexities of copyright law within the context of eLearning, enabling you to confidently create, distribute, and use digital educational materials while respecting the rights of content creators.

Give us 90 minutes, and we've got you covered!

Learn more about copyright as it pertains to training and eLearning during this 90-minute, live, instructor-led course. Throughout the course, we will explore key copyright concepts such as the fundamentals, fair use and its application in eLearning, open educational resources, licensing models, and strategies for obtaining proper permissions. We will also delve into real-world scenarios and case studies, providing practical insights to inform your eLearning endeavors.

Who Should Attend?

  • eLearning developers
  • Technical communicators
  • Educators
  • Instructional designers
  • Training managers
  • Trainers
  • Administrators