Perth Museums - Part 1 copyright basicsPresentation Transcript
COPYRIGHT IN THE VIRTUAL ENVIRONMENTEllen BroadExecutive OfficerCopyright Law and Policy Adviser t: 02 6262 1273Australian Libraries Copyright Committee w: digital.org.auAustralian Digital Alliance e: email@example.com This slide show is licensed under a Creative Commons Attribution Licence
PART 1: UNDERSTANDING COPYRIGHTConfusing by Guudmorning ! http://www.flickr.com/photos/kristiand/3223044657/
Copyright law in Australia gives copyright holders exclusive rights to do certain things with their material. But it is recognised that...Copyright law must strike a balance between providing an incentive to createworks and allowing users (and other creators) reasonable access to copyright material.
Requirements for copyright protection:Can only be form of expression of informationExpression must be in material formThe work must have an authorThe work must be original originality of expression not underlying idea Drugged shopping list, by way opening http:// www.flickr.com/photos/book_slut/13334413 68/
What is protected?•Literary works•Musical works, including accompanyinglyrics•Dramatic works, including accompanyingmusic•Artistic works•Animations, software•Choreographic works•Films•Sound recordings•Published editions•Broadcastings
Types of literary and artistic works incollecting institutions: Books Manuscripts Poetry Periodicals and Journals Dissertations and theses Reports Speeches Photographs Pamphlets/brochures Textbooks Reference works Catalogues Paintings, cartoons, sketches Directories Games Websites and online works E-mail messages
Musical worksOriginal compositions and newarrangements of original compositionsCopyright holder is the author of the workBUT copyright in a musical work isdistinguished from copyright in the soundrecording of that work.The creator of the original musical workhas the right to authorise or make thefirst recording of that work.Is silence capable of being copyright? Ave Maria – Free Sheet Music for Piano by Cantorion.org http://www.flickr.com/photos/cantorion/5104621221/
Subject matter other than works:Films Sound recordingsCommercialsDocumentaries Recordings in any formatRaw footageTV programs Copyright holder is the maker of theHome movies sound recording – i.e. the record company and performer – distinguish fromOne motion picture may have layers of copyright in musical workcopyright, in the:Score If a live performance, each performer isMusic also considered a maker of the soundLyrics recording.ScriptScreenplayFilm recording
What rights are protected?•Reproduction - copying of a work in anyformat•Publication – right to make the workpublic for the first time•Public performance and communication –including electronic communications•Adaptation – i.e. translations
Moral rightsRelatively new – introduced in 2000Not a ‘copyright right’Inalienable rights which cannot be assignedInclude:AttributionPrevention of false attributionEnsuring integrity of authorship – right toobject to mutilation, distortion, any actprejudicial to author’s honour or reputation
Who is the owner of copyright?Generally the “author” of the work– the person who translates theidea into a material form.In sound recordings, the “maker”of the work – can be performersand record producersFilms – generally producer of thefilm; but only in moving image and Newspaper clippings table by carmichaellilibrarysound – layers of copyright http://www.flickr.com/photos/carmichaellibrary/3820957471/Published editions – copyrightowned by the publisher ...don’t forget moral rights!
EXERCISE – IDENTIFYING COPYRIGHT WORKSAND OWNERS OF COPYRIGHT Example 1 – a movie poster donated to the collecting society 1. Is this a ‘work’ capable of copyright protection? 2. Who is the ‘author’ likely to be? 3. Do I need permission to use this work? Movie Poster, by DidbyGraham http://www.flickr.com/photos/didbygraham/3592696631/
Duration of copyrightIf a work is published during the life of the author – generally 70years after end of year of author’s death (literary, dramatic,musical, artistic works)Film and sound recordings – generally, 70 years from end ofyear of first publication – remember there may be a number ofunderlying works in one film or CD!Television and sound broadcast – 50 years from end of year inwhich broadcast madePhotographs – generally, 70 years after the end of the year ofauthor’s deathCrown copyright?...unpublished works?
Unpublished worksIf material was never published,copyright would not expire‘publish’ – make available to public as awholeWorks unpublished at the date of theauthor’s death, or which do not have aknown author from which to calculatethe date of death (orphan works) –copyright term begins from date of firstpublication after death
Infringement of copyrightGenerally, copyright is infringed if the work, or a “substantialpart” of the work, is used without permission in one of theways exclusively reserved by the copyright owner.Copyright can also be infringed where there is:AuthorisationImportationCommercial dealings with pirate materialAllowing the use of a venue for infringingperformance/screening Celebrity Shorts 1 Screening 12 by Canadian Film Centre http://www.flickr.com/photos/cfccreates/5804695110/
Circumvention of Technological Protection Measures (TPMs)Digital ‘locks’ preventing people from using works in certain ways and/or accessingcopyright works.Exceptions allowing the circumvention of TPMs:Where the copyright owner permits itRegion coding (DVDs, games)Interoperability with computer programsMaking of preservation copiesProviding works to users and other libraries under section 49 and 50
Video: Copyright – Forever Less One Day by CGPGreyhttp://www.youtube.com/watch?feature=player_embedded&v=tk862B!