Copyright of Indiana State Marketing Materials

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SycamoreStateofMind

The Odum Level
Supporter
I have a question for you guys and I want you to step back and think about it before you jump my ass on this subject. Let it be known that my professional life is spent in a marketing capacity and I probably have a more heightened since of awareness to things like this. It's also not like I am making light of the situation, these questions have been previously asked on this forum without any real answers/discussion.

Let me also say that I think the work that has been done this season by the ISU Marketing folks is great work. The pre-season poster (super heros) is a very cool concept, the game programs are fantastic work. I do not intend to hurt anyones feelings, I am just curious to find out if Indiana State has gone to the proper channels to be able to produce the work that they have.

By now we have all seen the Jake Kelly video, it can be seen here:
http://vimeo.com/19155720

Great work right, well here is the D-Wade video that is credited in the caption of the video:
[ame]http://www.youtube.com/watch?v=mXxIw7UDtt8[/ame]

And if you were at the game the other night you saw the sequel to the Jake Kelly video, this time with Jake Odum (yet to be posted) - well here is the sequel to the D-Wade commercial:
[ame]http://www.youtube.com/watch?v=mI42a6mbqQ0&feature=related[/ame]

What they have done is a "derivative" work done based upon pre-existing work such as a translation of art that has already been produced, it's essentially work that has been adapted or altered.

I suspect that if this was Duke or Ohio State that they probably wouldn't be able to get away with something like this. They are in the national media spotlight everyday and surely someone would have picked up on something like this, right?

One could argue that the art of the super heros is altered enough that you can get away with using it. For example they didn't use the "S" in the middle of Lathan's chest, rather they changed it to I"S"U (clever). But the concept is still the same, they wouldn't have used Supermans body if they didn't want to portray Lathan as Superman, true?
 
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I had a similar thought the other day while in one of my classes when we got on the subject of ASCAP, BMI, and music copyrights. Did the marketing dept. get permission from the record labels/artists to use their songs for the intro videos? Don't get me wrong, I like the intro videos, but I would think we would need permission to use "Check It Out" -Niki Minaj "We Will Rock You" -Queen "What It Is" -The Cool Kids and "Power" -Kanye West. I talked to some of my friends in the basketball band and they said they have to get permission from who ever holds the copyrights for a specific song before they can play it in public at a basketball game. So I would think that before you play a video that uses a popular song (even if only 30 seconds of the song) in front of 5,000+ people that you would have to go through the proper channels and get permission to use the song for the video.

I could be wrong, I dont claim to be an expert on copyright laws. It was just an interesting discussion in class that got me thinking.
 
Yeah it is what it is, I posed the question knowing the answer to my own question. Just curious to see what others thought, I like you don't pretend to be an expert either. However I can confidently say that unless they have gone down the proper channels, simply siting Converse in the caption is likely not going to cut it. But I am not the rules Police, a public University is supposed to Police its self. My hope is that is the case.
 
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