Copyright in a digital world

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  • 1790, Congress passed the first US Copyright Act which gave authors an exclusive copyright for a 14 yr term with the possibility to renew for another 14 years.
  • Not copyrightable: titles, names, short phrases and slogans, familiar symbols, numbersIdeas and facts (such as the date of the Gettysburg address)Processes and systemsGovernment works and documents – prepared by an officer or employee of the US government as part of that person’s official duties. Unless contract work done on behalf of the US govt.
  • Project Gutenberg – electronic booksLibrivox - audio booksPrelinger Archives – advertising, educational, industrial, and amateur films
  • Transformative quality: is the new work the same as the copyrighted work or have you transformed the original work, using it in a new and different way?Commercial or noncommercial – will you make money from the new work, or is it inteded for nonprofit, educational, or personal purposes?2. Nature of copyrighted work – more likely to be considered fair use when the copied work is factual rather than creative.3. Amount used: copying nearly all of the original work or the “heart of the work” weighs against fair use
  • These limits are cumulative to each student’s multimedia project for the same academic semesterText Material – an entire poem of less than 250 words may be used but no more than three poems by one poet or five poems by different poets from any anthologyMusic – any alterations to a musical work shall not change the basic melody or the fundamental character of the work

Transcript

  • 1. The Congress shall have Power To…promote theProgress of Science and useful Arts, by securing forlimited Times to Authors and Inventors theexclusive Right to their respective Writings andDiscoveries.-US Constitution, Article 1, Section 81
  • 2.  Copyright is a form of legal protection automatically provided to the author/creator or owner of an original creative work US Copyright law gives the author/creator/owner exclusive rights to:  Reproduce or distribute the original work to the public  Create new works based on the original  Perform or display the work publicly
  • 3.  Literary works Music and lyrics Dramatic works and music Choreographic works Photos, graphics, paintings, sculptural works Motion pictures and other audiovisual works Video game software and computer software Audio recordings Architectural works ** ideas are not copyrighted unless they are in a tangible form **
  • 4.  Original works, created after 1977 –  Life of the author/creator + 70 yrs after death (passed on to heirs) Corporate works and anonymous works created after 1977 –  95-120 years from publication
  • 5.  First Sale – allows a consumer to resell copyrighted materials such as a book or CD Public Domain – works can be freely used by anyone; unrestricted access; these may be designated for free or may no longer be covered under copyright status Licensing – copyright owner may give explicit permission for someone to use material normally restricted  Creative commons license – creators WANT to give permission of use
  • 6.  Public Domain works are not restricted by copyright 3 Main categories of Public Domain works:  1. works that automatically enter the public domain upon creation because they are not copyrightable  2. works that have been assigned to the public domain by their creators  3. works that have entered the public domain because the copyright on them has expired.
  • 7.  Smithsonian Institution Public Domain Images New York Times Public Domain Archives Project Gutenberg Librivox Prelinger Archives
  • 8.  Fair Use allows the public to use portions of the copyrighted work without permission from copyright owner.
  • 9.  Four Factors:  1. Purpose and character of second use – is it simply a copy or are you doing something different with the original  2. The nature of the original – was the original work creative or primarily informational?  3. Amount used: how much of the original work was used, and was that amount necessary?  4. Effect: Did the use harm the market for the original work? For example: would people buy this work instead of the original?
  • 10.  US Copyright Office Look for this symbol
  • 11.  Student use:  Students may perform and display their own educational multimedia projects that incorporate portions of LAWFULLY acquired copyrighted works for educational uses in the course for which they were created
  • 12.  They are subject to the following limitations:  1. Time limitations: students may use their multimedia presentation to add to a portfolio as examples of their academic work for later personal uses such as job and college interviews.
  • 13.  Motion Media – Up to 10% or 3 minutes of the total amount of copyrighted material from a single copyrighted work. Text Material – Up to 10% or 1,000 words Music, Lyrics, and Music Video – Up to 10%, but in no event more than 30 seconds Illustrations and Photographs- no more than 5 images by an artist or photographer
  • 14.  There may be no more than 2 use copies In the case of a collaborative assignment, each creator may retain ONE copy
  • 15.  Caution in downloading material from the internet – there is a mix of works protected by copyright and those in the public domain. !! Access to works on the Internet does not automatically mean these can be reproduced and reused without permission or royalty payments!!
  • 16.  Credit the sources with full bibliographic descriptions (author, title, publisher, place, date of publication) Display the copyright notice © with copyright ownership information (©, year of first publication, and name of copyright holder)
  • 17.  Educational Multimedia Fair Use Guidelines Development Committee. (1996). Fair Use Guidelines for Educational Multimedia. Retrieved from http://www.utsystem.edu/OGC/IntellectualPr operty.ccmcguid.htm on October 18, 2010. Simpson, Carol. (2005).Copyright for Schools: A Practical Guide, Fourth Edition. Worthington: Linworth Books.