Matthew Bailey

Matthew Bailey

Rights & Images Manager at the National Portrait Gallery. Interested in museums, galleries and archives, and how UK public sector institutions can thrive in the current climate.

Location Cambridge & London

Activity

  • @MarisaGandelman We both work in the UK cultural heritage sector, yes, and participate in shared copyright forums and groups.

  • Thanks for recommending it Debbie!

  • Evidence suggests that vast numbers of internet users, when accessing content online, don't actively consider whether the creator should be compensated, since so much content is downloaded via the internet without creator consent or compensation. However, I think with better information, signposting and education, this can be improved - I believe people do...

  • I think there is also a need for increased and improved public information and education - for example, I don't think many people who purchase digital music downloads realise that they don't own the music in the same way they would with a record or CD. Even if they have purchased the dowload from somewhere like iTunes. Information about what the terms are...

  • Hi Marisa, I can see there is a difference - but the purpose is still the same, which is making the content available to an end user, and ensuring the rights holder/s are fairly recognized and compensated for their work. I think maybe there is a danger of overcomplicating matters when we think about he digital world, just because of the size and reach of the...

  • I agree - you could also add a 20th Century video rental shop to that example. In each case, individuals (not collectively as part of the wider 'public') can access content for their own use, on specified terms (loan/rental period etc). Accounting for the various types of rights involved shouldn't be that much of a problem in the digital age - in fact, the...

  • In a section discussing the rights of creators (and the rights of the author to be attributed) it is a shame that a large number of the images in the timeline are lacking proper captions and artist credits. As well as crediting the artist, it would be good to list where the originals are held, rather than just including a link to Wikipedia.

  • Hi David, it looks like the PDF is from a previous course, as none of the songs discussed appear in the current My Town group on Soundcloud (they are on Soundcloud, but from several months ago, suggesting an earlier course). Maybe just a technical glitch!

  • Hi Ann, I think it's a case of practice. I sing in a choir (most of us are beginners) and when we sing unaccompanied, we usually find we have dropped a semitone by the end of the song. It's quite odd, as no-one is conscious of it happening. It isn't noticable to the general listener (although I'm sure more experience musicians would pick it up) as we all stay...

  • I'm usually pretty bad at picking out lyrics, but had a listen and found it fairly easy with the Toddla T track. As Darran pointed out, there are plenty of great songs with fairly 'dumb' lyrics, often deliberately so as in "Da Doo Ron Ron" by The Crystals.

  • Dusty Springfield - Son of a Preacher Man, could be Verse/Chorus/Verse/Chorus/Bridge/Chorus/Outro
    Or
    Verse/Bridge/Chorus/Verse/Bridge/Chorus/Alternate Verse/Bridge/Chorus/Outro
    I tend to think of the bridge as a separate section, often coming after a couple of verse/chorus to signal a change in key, melody and/rhythm and leading into the final...

  • Hi Cheryl, the refrain in Like A Bridge Over Troubled Water is "Like a bridge over troubled Water/I will lay me down" and in Eleanor Rigby it is "All the lonely people/Where do they all come from/belong". The two repeated lines at the end of each verse, shorter than you would usually find in a chorus, and more closely related to the music in the verse. I found...

  • Thanks Andrew. The Natalia Avalon and Villy Vallo version sounds very similar to the Nancy and Lee recording, including the instrumentation, almost as though they were trying to replicate it note for note. I quite like the Demis Roussos version as well, but I think The Corrs and Bono should have left it well alone! Depeche Mode's "Satellite" is one I hadn't...

  • Hi Peter, I'm the same - always getting them wrong! Karaoke is an excellent way of realising you have been singing the wrong lyrics for years. Some songs have the vocal quite low in the mix, which makes it harder to pick out the words. The way the words are sung also affects this, especially if the singer making them fit the music and rhythm, so they sound...

  • Hi Oliver, yes, if you register, you can use the (R). I'm not sure if you registered, why you would also use the (TM). Regarding different territories, I expect you would need to register in each of them, to use the (R), but I'm not sure (I'm still learning about trade mark laws and procedures myself).

  • Hi Wojtek, I think, as is often the case with copyright, the answer is that you "might" be able to rely on quotation or parody/pastiche. With the UK exceptions, it's always a case of referring back to the fair dealing criteria 1. Does it affect the market value of the work, 2. Are you crediting the author and 3. Are you using an appropriate portion or section...

  • I recently started compiling a playlist of songs that, for whatever reason, have some sort of resonance for me. It's pretty random, so I was trying to work out if there was any muscial similarity in them. A few songs from the list: Palaces of Montezuma (Grinderman), All the Love in the World (Dionne Warwick - this is one of the earliest songs I remember...

  • Hi Khamal, they would need to contact the IPO. The licence holder would not be liable.

  • Hi Stephanie, I would suggest that in most cases it is not the fault of the creator. For example, we might know who the creator is but not how to contact them or their estate. Or the creator's details (data) might have been removed from the work by someone else - many websites routinely strip metadata from image files.

  • Hi Oliver. The copyright symbol © can be used to show that a work is in copyright. Copyright is automatic so you are not required to register the work, or display the © symbol in order to be protected. However, it can be useful a useful way to show who the rights holder is. The TM and (R) symbols both refer to trade marks. The TM symbol can be used on a trade...

  • Also, an orphan work isn't always one where the author is unknown. In fact, it is often the case that the author is known, but they (or their estate) cannot be traced.

  • Hi Maureen, you might think so, but the IPO will not always accept the searches undertaken by public archives (I know this from experience). Also, archives don't always have resources to carry out diligent searches for all their orphan works, and even when they do, the depth of the searches can vary. Often, they will be checked on a case-by-case basis as and...

  • But sometimes the information gets removed afterwards, through no fault of the author. That is why it wouldn't be fair. Many of the works are orphans not because the author (artist/photographer/producer etc) neglected to make themselves known, but because their information subsequently got separated from the work.

  • Hi Wojtek, it might be considered non-commercial by the person who uploaded it, but to qualify for fair dealing, it has to be for non-commercial research or private study. Twitter is not private. You might argue that it could be used under the criticism and review exception, if it was being used to illustrate a point about the way players are portrayed in the...

  • Hi Khamal, unfortunately, in the UK it is still illegal to copy a CD, even for personal use (for example, making a copy to listen to in the car, or uploading to your digital music library such as iTunes). The October 2014 UK copyright legislation had introduced measures to make such copying, for personal use (back-ups etc), legal, but it was overturned in the...

  • Thanks Cara, very interesting. I wonder if it would have qualified under Fair Dealing in the UK?

  • There's a big difference between assigning rights and licensing rights. Assigning the copyright to someone else means that the author no longer owns it, and the person they assign it to can decide how the control the use of that work. Licensing the work, usually done on a non-exclusive basis, means the author retains the rights but gives certain permissions to...

  • Very much agree with previous posters in that I don't think emotions should be described as good or bad. All emotions are important. I found the video a bit too focussed on clear cut good/bad feelings. Reality is far more nuanced, and although our initial responses are emotional, we learn to understand our emotions, and think in more depth about what we see...

  • Hi Penny, I struggled a bit with that too. Metre is the time signature of a piece (e.g. 4/4 or "common time" is four quarter note beats to each bar). Pulse and beat are pretty much the same, although you could look at it from the point of view of the pulse continuing as the underlying time keeper (keeping to the time signature of the piece), but you can put...

  • Hi Robin, sounds nasty! Neil Young wrote Cinnamon Girl while suffering from flu, so maybe you can channel some of the fever into your song!

  • Hi Kiersten. Most commonly, publication date is used simply because the individual employee who created the work wasn't always recorded, and therefore it would be considered work by an unknown creator. So, the duration of copyright cannot be based on the creator's death date because this is unknown. However, some public organisations will keep records of which...

  • Hi Mark, that isn't necessarily the case. The author would have to know their work was being used in some way, to come forward and claim it. That author might live overseas, and be completely unaware of the UK orphan works licensing scheme. Or, they might not be internet users (we deal with plenty of rights holders who don't use computers). It would seem...

  • Hi Philippa, the no-contract override parts would still apply. For example, you might need to sign a contract to access the material, but that contract cannot prohibit you making use of certain exceptions (the exceptions in the legislation that cannot be overidden by contract). The no-override legislation is retrospective, so any prohibitive clauses in...

  • Hi David, the author wouldn't be able to change the length of copyright, but they could release their work under an open licence, such as the Creative Commons CC0 licence which is effectively a "no copyright reserved" licence. According to the Creative Commons website "it effectively means relinquishing all copyright and similar rights that you hold in a work...

  • Hi David, yes, although in the UK (and related to the Hargreaves report mentioned in this video) it would be "fair dealing" instead of "fair use", which is a US concept. I think the new UK exceptions allow archives extra benefits for the use of their works as they can now copy for preservation purposes, and show clips under the new exception for quotation.

  • I wouldn't stress to much about any one approach to starting the song. What works for one person might not work for everyone, but it's always useful to have some alternative methods to try if you get stuck. Or, to come up with a variation for the type of song you are composing, if you feel it's time for a change.

  • Yes, I was thinking of UK law, so I'm not sure if/how it differs in Australia. I know that in France, moral rights cannot be waived. And yes, that's interesting when thinking about bands performing cover versions, where the rights holder will never see or hear it. In the UK, it is permitted to change the key or register of a song, but nothing elese is...

  • Hi Maureen, public institutions would most likely be prohibited from indemnifying any users, even if they were non-commercial. Private archives might be able to consider his, but it could represent a considerable risk on their part.

  • Hi Sarah, moral rights cannot be assigned, but they can be waived (as requested in the sample contract), which would then leave the artist no comeback if they object to the treatment. I think any licence should specify what can/cannot be done, so in the case of a cover version, the original artist would have to agree to the type of cover version being done....

  • Hi Catherine, linking to the material might be considered as communicating it to the public (i.e. redistributing it) and therefore illegal. There is an interesting article here covering the issue of posting links: http://ipkitten.blogspot.co.uk/2016/01/linking-to-unlawful-content-what-will.html
    I expect the fact that there are so many of them is simply that...

  • Hi Sarah, if you draw a moustache and glasses on a painting, you will infringe the artist's moral rights. In fact, any manipulation, cropping or alteration would be an infringement of these rights. In terms of moral rights, these are all considered to be derogatory treatment of the original work.

  • Hi Marina, in the UK, it is fair dealing (not fair use, which is a US concept), and yes, this is covered later in the course. Whether it qualifies for fair dealing will depend on the clips you use, whether the are considered "substantial" (in quality or quantity) and whether the use impacts on the market value of the original work. If the answer to either of...

  • Hi Joanna, it will depend on what is agreed in the contract between the production company and the commissioning channel. In the unlikely event that copyright isn't mentioned, it will belong to the production company.

  • Hi Carolyn, the first thing to consider is whether the still is a substantial part of the film. This isn't just about quantity, so if it is a particularly famous still, and/or an integral or defining part of the film, it could be considered substantial. Similarly, a very famous line from a book or poem could be considered substantial. In terms of hanging...

  • Hi Hannah. America doesn't require works to be registered for copyright. Copyright is automatic, as soon as a work is created, the same as in the UK. You can register works in the US, but it isn't a requirement to get copyright protection, rather it gives you more options for bringing a lawsuit and claiming damages in the case of an infringement.

  • Hi Barbara, if you let me know the reference number for the photograph, and/or your aunt's full name I can check for you. It might be easier if you email me at: rightsandimages@npg.org.uk so we can have a look. Thanks!

  • I expect astronauts already watch films on the International Space Station!

  • Matthew Bailey made a comment

    I always find Led Zeppelin's "Kashmir" has an interesting rhythmic feel. It's 4/4 common time, but the phrasing makes it sound different (non-muscial term!).

  • Matthew Bailey made a comment

    Fascinating, although the only way I can really start to understand this properly is by listening to lots of tracks and trying to play along to them to get the feel of the beat and the rhythm, and how they work together.

  • Hi Karen, this (pages 13 and 14) is a very useful flow chart to work out when copyright expires in specific works: http://www.nationalarchives.gov.uk/documents/information-management/copyright-related-rights.pdf

  • Hi Peter, you don't need to register your copyright. Copyright is automatic in both the UK and the US. The difference in the US is that you need to register the rights if you want to bring a lawsuit, and claim for damages against someone infringing your rights. There is nothing to stop you registering your work in the US, even if it was created in the UK, but...

  • Hi Julie, yes, that would be interesting, although it would be fair dealing in the UK, not fair use (which is a US concept and I think is incorrectly referred to in this video). The exceptions that came out of the Hargreaves review relate to the UK concept of fair dealing, as discussed in week 1 of this course. My view is that the exceptions are more likely to...

  • Hi Janet, it is interesting to hear your feedback. At present, aside from the captions available on the exhibition micro-site (http://www.npg.org.uk/whatson/firstworldwarcentenary/displays/exhibition.php) you can still purchase the catalogue. Alternatively, if there is a particular work, or piece of information you are interested in, you can contact my...

  • Hi Karen, I just don't think it is feasible to require registration of copyright. If we look at just photographs, billions (if not trillions) are taken each year. On Facebook alone, hundreds of millions of photos are uploaded every day. Even with a tool for bulk registration of photos, I doubt it would be possible to arrange a registry. In which case, you...

  • Hi Janet, it would be a useful tool as part of a diligent search, but would not be sufficient on its own. You would need to pursue other avenues of enquiry as well, but photo matching might be a useful way of opening up these avenues, especially if it finds the same image on other websites.

  • Hi Annabel, yes, I'm sure they do, but in this video they mention fair use alongside the Hargreaves recommendations, which I think is misleading (i.e. I think when they say fair use in this instance, they mean fair dealing).

  • OK, great, thank you!

  • Thanks Emily, very useful. On the Atomos page (the link you provided), it says ProRes isn't used as a delivery format, but in the FOCAL video they say ProRes is used to deliver the footage to their clients. Do you think that's true, or would they store it as a ProRes and then convert to something else before sending it?

  • Pleased to see some Motown classics in there. And "Fight the Power" which has such a brilliant combination of rhythm and vocal delivery!

  • Look forward to discovering more this week. I suppose one of the challenges is to know when your song is finished (i.e. stop messing with it) and when it needs to be developed further. I've got some ideas for developing my first attempt https://soundcloud.com/matthew-bailey-34/i-wander-lonely-streets-my but these might change as we progress through the course....

  • Yes, exactly! Although I did wonder if lead actors would be allowed more flexibility? I supposed it depends on how badly the film wants them, and is willing to compromise by inserting special clauses that protect certain parts of an actor's performance.

  • Hi Sarah, derogatory makes it sound like it has to be quite severe, but in reality, even cropping a work would be considered derogatory treatment. Anything that alters the original work, in a way the creator hasn't agreed to, counts as derogatory as far as moral rights are concerned. Some photographers won't permit their work to be cropped, or overlayed with...

  • Hi Claire, the 2011 Hargreaves review "Digital opportunity: review of intellectual property and growth" is available here: https://www.gov.uk/government/publications/digital-opportunity-review-of-intellectual-property-and-growth
    Many of the changes to UK copyright legislation that were implemented in October 2014 came from recommendations in the Hargreaves...

  • Slightly confusing that they talk about fair use (US), when they should be talking about fair dealing (UK) for UK archives, and relating to the exceptions that came about from the Hargreaves recommendations. The differences between fair dealing and fair use were discussed in week one, but it is vital, when talking about the UK, that we consider fair dealing,...

  • ...But if the work itself isn't altered in any way, I'm not sure the use would infringe their moral rights simply because the creator doesn't agree with the views of the person/organisation using the work. There is an article here about musicians objecting to their work appearing on certain compilations, but being powerless to stop it:...

  • It can, although even where there is no profit to the person using it, the use of the work might negatively impact on the ability of the rights holder to make money from it (if this is the case, the fair dealing defence cannot be used). Or, the work be used in a way that reflects badly on the rights holder. Which is what bands often object to when their songs...

  • Interesting to see in the rights clause on page 3 that the actor is required to waive moral rights. In UK copyright law, moral rights include the right to be identified as the author of a work and the right to object to derogatory treatment, and they last for the duration of copyright. It isn't necessarily surprising that they ask for these to be waived...

  • In the "Creating value" parargraph, "...may decide to licence all..." should be "...license" with an "s", not a "c". When using it as a verb, it should always be "license". When used as a noun in the UK, it is always "licence" with a c", although the US spelling uses an "s" for both the noun and verb. It might sound pedantic, but it can be important when...

  • Hi Wayne, trade marks are more about protecting brands and reputation. They cover the way material is communicated, or marketed to consumers, rather than the material itself. For example, if your company has built up a reputation in a particular field, you might want to trade mark the company name and logo to prevent someone else trading using the same name or...

  • Hi Lucia, yes, as soon as you write it down, you are creating a literary work that qualifies for copyright protection.

  • But if creative works are free for all to use as soon as they are created, what incentive is there to be a professional artist (painter, writer, photographer, film-maker etc)? If creators cannot make money, or protect the integrity of their works, wouldn't that lead to a huge drop in quality of the material created? I think it is important that we value the...

  • Hi Melinda, the screenplay would qualify for copyright protection as a literary work. If the screenplay has several authors, copyright could belong to all of them depending on how much input they each have and any agreements that are in place at the time of it being written (i.e. you could employ people to help edit your screenplay but have them assign all...

  • Hi Martyn, I suppose we shouldn't be surprised that corporations seek to protect their means to make money. However, the UK government recently implemented a few pieces of legislation (following previous EU legislation) specifically to allow wider distribution and use of content. The amendments to UK copyright law which came into force in October 2014 were...

  • Hi Rob, with companies like Disney and Elvis, they will also be protected by trade marks, the benefit being that once copyright expires (70 years after death) they can continue to protect their brands and continue to make money by the use of those marks. Trade marks have to be applied for in different territories, and renewed (all of this at a cost), but when...

  • Hi Christina, there would be three levels of copyright here - the written speech, the television/film recording and the broadcast. These could all be held by different people/organisations, in which case you would need permission from each rights holder. The person who wrote the speech would hold the rights in that as a literary work (or the Crown/government,...

  • Even linking to the material could be considered as redistributing it. There is an interesting article here covering the issue of posting links: http://ipkitten.blogspot.co.uk/2016/01/linking-to-unlawful-content-what-will.html

  • Hi Christina, to be fair dealing, it would have to avoid impacting on the market value of the copyrighted work. If it is a commercial film, it might be difficult to justify this beacuse you would be profiting from the use, whereas the rights holder would not. If/when you can use fair dealing exceptions, it means you can use the work without the permission of...

  • Interesting question! If he wrote it on work time, then I expect it would be considered part of his work (regardless of whether that's what he was supposed to be doing) and therefore copyright would belong to his employer. If it had commercial potential, I don't suppose it would matter that it was a fake, as long as they either made it clear that it was a...

  • Hi Martyn, I would highly recommend Tim Padfield's 'Copyright for Archivists and Records Managers' which includes a handy copyright flow-chart for literary, dramatic, musical and artistic works, to help ascertain whether a particular work would be in copyright or not. The chart is reproduced on the British Library website here:...

  • Hi Andy, there isn't a requirement to register copyright in the US (you still automatically get the copyright when you create an original work) but if you want to pursue someone for infringement, registration is required before you can bring a lawsuit to enforce it.

  • Hi Lora, artists can do this. They can assign the rights to whoever they want, during their lifetime, or via a will after their death.

  • Hi Lucy-Ann. Copyright belongs to you, as the author, unless you have an agreement in place with a third-party that assigns the rights to them. Most employment contracts state that for work created by employees, the copyright is assigned to the employer. If you are working as a volunteer, or a freelancer, and don't have a contract, then the copyright will...

  • Hi Hortense, you don't need to register works to get protection. The copyright belongs to you as soon as you take the pictures. Once you start posting those pictures, it is wise to ensure you have adequate metadata in the image files (stating who you are, when and where the pictures were taken) and that you include your name alongside the pictures as part of...

  • Hi Martin, potentially, yes. If the licence wasn't renewed, and the rights holder subsequently came forward and demanded it. Hopefully, this would be an unlikely scenario but you can't be sure.

  • Hi Barbara, yes, if she uses it without obtaining a licence she would be liable if the rights holder (most likely the photographer) came forward. This is why the orhpan works licensing scheme was introduced, as it allows people to obtain a licence (after a dilligent search to try and find who owns the rights) for works where thee rights holder cannot be found....

  • Hi Sarah, it would be nice if the IPO could help with the research, but it would require a pretty large staff to tackle this, and at present, they don't have the resource. Also, although the IPO might have the expertise, the organisations or individuals who own the orphan works might well have useful documentation about the provenance that means they are...

  • Yes, you have to apply for the trade mark, and there is a period during which objections can be raised, for example, if someone tries to trade mark your name. Although you would have to be checking the trademark registers for applications, to find out, and I expect you would need to provide evidence that you were using your name in a way that would be a valid...

  • Hi Charlotte, you can copy limited extracts, but copying whole text books would not be considered fair dealing, as it would negatively impact on the market value for the copyrighted material - if everyone just copied the textbooks, the publishers would go out of business, and would not be able to produce new text books. The exceptions in UK copyright law...

  • Hi Kiersetn,

    There is an exception in UK copyright law for teaching, which should allow you to show short clips and stills, as long as the use is fair dealing and doesn't undermine the sale of teaching materials. Details are available here:
    https://www.gov.uk/guidance/exceptions-to-copyright

  • Hi Claire, you can get freeview boxes with recording functionality (one of my colleagues used to have one) that allows you watch one freeview channel whilst recording another.

  • Hi Claire, it's fairly straightforward. Go to the Getty website at www.gettyimages.co.uk and find something you would like to get price for - e.g. a photograph, or a video. Put it in your basket, and then choose the way you want to use the image (i.e. what you want to find out the price for). It should give you a quote online. You can then adjust the licensing...

  • I've also been having a delve - "Close to the Edge" (1983) was always a favourite.

  • Hi Sean, I see your point, and it applies to other public collections in the UK too. However, public institutions have to maintain and preserve the original works, to ensure they are saved for future generations. They spend resource making the works available, in person and online, and in curatorial and educational work carried out by the institution. This all...

  • Hi Lee, you can find some examples on the UK Orphan Works Register at: https://www.orphanworkslicensing.service.gov.uk/view-register
    I would add the caveat that some of the works on there appear to be on there in error, such as the photographs from the Museum of the Order of St John taken during the first world war (i.e. 1918 or earlier) by an unknown...

  • Hi Sean, I remember watching some of those films at school in the 1980s. Quite scary, especially as they seemed to suggest such a high chance of nuclear holocaust. The National Archives make Public Information films (1945-2006) available on their website at: http://www.nationalarchives.gov.uk/films/ so they are not hidden away, although I don't know if his...

  • The royalties artists receives will often go to their estate (this might be a partner, children or grandchildren) rather than to a large corporation, unless the rights are willed to that corporation (which seems less likely). And, not all artists have the good fortune to live long healthy lives. If an artist creates a popular work, that has the potential to...

  • Hi Mark, a licence would be required for public screenings in the UK, but watching a film with friends in your home would not be considered a public screening. I'm not sure about screenings on a coach, although it is possible the coach company has a licence allowing films to be screened on their coaches in the same way that many public organisations have...

  • Hi Dana, there is an interesting article here about whether simply linking to unauthorised content on a website (e.g. posting a link on your website to an unauthorised streaming of a sports event on another website) counts as communicating it to the public:
    http://ipkitten.blogspot.it/2016/01/linking-to-unlawful-content-what-will.html

  • Matthew Bailey made a comment

    It is worth remembering that we also have the 2012 EU Orphan Works Directive (adapted into UK law as part of the 2014 legislation) which permits public museums, archives and libraries to digitise and put online orphan works, after a diligent search has been completed. This is valid in all EU member states and includes cinematographic and audio-visual works....

  • The UK licence is only for 7 years but the IPO hold onto the licence fees for 8 years, in case a rights holder comes forward.