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Content and Talent


Learning Outcomes
1. Evaluate legal ways to acquire content and talent
2. Develop a project plan (outline, schedule, and budget)
“Content acquisition can be one of the
most expensive and time-consuming
tasks in organizing a multimedia project.
You must plan ahead, allocating sufficient
time (and money) for this task.”
Using Copyright: Legal entitlement given to the
Content creator of original literary, artistic or musical
Created by ◦ Allows copyright holder to print, publish, perform,
film or record
Others ◦ May assign the same or similar rights to others
Electronic Rights: Authorization to publish a
work in a computer-based storage and delivery
medium such as on a DVD or on the Web
Copyright Infringement: Unauthorized use of
copyrighted material
Royalty: Continuing payment for use of
licensed content or other materials
Factor Fair Use Infringement
• Nonprofit
• Educational
• Personal
• Teaching • Commercial
Purpose and
• Criticism & • For Profit
character of use Comment • Entertainment
Fair Use • Scholarship &
• News Reporting
Exception to Nature of
• Nonfiction • Creative
the exclusive copyrighted
• Published • Unpublished
rights granted Amount and • Large Amount
to the author of substantiality of Small Amount
portion taken
• “Heart of the
creative works • No Effect
• Decreases the
value of the work
Effect upon the • Licensing/
• Work is Made
potential market Permissions
Available to the
Public Domain: The community owns the creative work
because its copyright has expired, has been forfeited, or is

Smith, Balfour, Canuckguy, Badseed, and Martsniez. “File:World copyright terms.svg.” Wikipedia. October
7, 2015. Accessed January 19, 2018.
Locating Pre-existing Content
Stock Resources: Collections
of photographs, graphics,
sounds, music, animation, or
video that are sold for
anywhere from fifty to
several hundred dollars
Clip Art: Pre-made illustrated
images, created by hand or
by computer software
Public Sources of Content
1. National Archives of the United States (
2. National Archives of the United Kingdom
3. Archives Nationales of France
4. Library of Congress (
5. NASA (
6. Smithsonian Institution (
Obtaining Rights
Rate Card: A list of licensing fees covering the 4. Does the content owner have the authority to
different uses of media assets, different formats, assign rights to you?
and their use in different markets
5. Is the license for a set period of time?
1. Content Delivery/Distribution
a. Physical storage media vs. over the Internet 6. Is the license exclusive or nonexclusive? (No
b. Domestic vs. international
one else would be able to use the material in
the stipulated manner.)
2. Do you intend to use the material in its 7. Will the copyright owner receive
entirety, or just a portion of it? remuneration for the license?
3. Do you need to obtain any additional rights to a. One-time fee vs. royalty
use the content? b. Credit line or end-credits
a. Do you plan to use the material in promotions
for your product? 8. In what format do you wish to receive the
b. For example, if you use a clip from a movie, do content? (File type, specifications, etc.)
you need to get separate releases from the
actors, the director or producer of the movie?
Digital Rights Management (DRM)
Protection from unauthorized copying
◦ Association of American Publishers — e-books
◦ Internet Streaming Media Alliance (ISMA) — streaming media and file
◦ FairPlay (Apple’s iTunes Store): Limits the number of devices on which the
media can be played
◦ In 2009, Apple removed the DRM restriction for music tracks, but continues to protect movies and
television shows.
◦ Microsoft Windows Media Rights Manager (WMDRM): Incorporated in the
Windows Media Player 12 format
Preamble to the Free Art License: “…the right to freely copy,
distribute, and transform creative works without infringing the
author’s rights.”
Obligation for “proper attribution of the work to its authors and
access to previous versions of the work when possible.”

◦ Grant specific rights to reuse and distribute media

◦ “Some rights reserved” vs. “all rights reserved”
The Types of Creative Commons Licenses
Must credit you Lets others remix, May be used for Others must license
License Icon for the original
tweak, and build
upon your work
their new creations
under the same terms

Attribution (CC BY) Yes Yes Yes No

ShareAlike (CC BY-SA) Yes Yes Yes Yes
NoDerivs (CC BY-ND) Yes No Yes No
NonCommercial (CC BY-NC) Yes Yes No No
ShareAlike (CC BY-NC-SA) Yes Yes No Yes
NoDerivs (CC BY-NC-ND) Yes No No No
Ownership of Content Created for a
1. You created a project single-handedly for yourself: You own the
copyright outright
2. Created by employees in the course of their employment: Belongs
solely to the employer if the work fits the requirements of a work made
for hire (e.g., where the work is done, the relationship between the
parties, and who provides the tools and equipment)
3. Created in whole or in part by an independent contractor: The
copyright belongs to the entity commissioning the work if it is specially
ordered or commissioned and if it qualifies as a work made for hire
1. Will you need to locate a
professional or call a talent agency?
Acquiring 2. Will you be holding auditions or a
casting call?
3. Do you need to work with a union?
Atmospheric Voices:
A Screen Actors Guild What are the terms for minimum
(SAG) category for pay and benefits?
interactive media
work and rates issued 4. If your talent is nonunion (a co-
in 2014, driven by the worker, a neighbor’s child, a
“vocally stressful” and waitress, etc.), be sure to require
multiple roles for the person to sign a release form.
actors often required
in video games