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The Copyright Era Meets the Open Source World
 

The Copyright Era Meets the Open Source World

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This is session is intended to help online publishers (which includes anyone from social media posters to those running websites) understand the Fair Use doctrine and how it fits in with Copyright ...

This is session is intended to help online publishers (which includes anyone from social media posters to those running websites) understand the Fair Use doctrine and how it fits in with Copyright law. It will specifically address both how fair use lets people legally publish content created by others, and how copyright protects content from being used illegally.

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  • Only one person can use a copyrighted item     A licensed for copyrighted work can be split infinitely.     Don’t just ask for web right. You want worldwide electronic distribution. “All media known now or hereafter invented.” “ Without geographic limitation” (for the ambitious)
  • “ Without geographic limitation” (for the ambitious)
  • “ Without geographic limitation” (for the ambitious)
  • if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist's work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work. if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist's work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.
  • Benefit to the public- unpublished work gets more protection because author gets the first shot at publishing
  • Does not typically apply to Parody WEIRD AL De minimis: Movie Seven: appear fleetingly and are obscured, severely out of focus, and virtually unidentifiable."
  • FROM Twitpic’s TOS: ou the user retain all copyrights to your photos and videos, it’s your content. Our terms state by uploading content to Twitpic you allow us to distribute that content on twitpic.com and our affiliated partners. This is standard among most user-generated content sites (including Twitter). If you delete a photo or video from Twitpic, that content is no longer viewable.
  • Copyright Agent: fill out a form with the copyright office with a from and $80

The Copyright Era Meets the Open Source World The Copyright Era Meets the Open Source World Presentation Transcript

  • The Copyright Era Meets the Open-Source World @ellynangelottiFaculty, Digital trends & social media eangelotti@poynter.org
  • What’s Changing?
  • Disclaimer• This is not specific legal advice, but legal information.
  • Some Rules of Thumb• When it comes to the law, “it depends” – Gray areas are common – Different facts change how the law is applied• Common questions – What is reasonable? – What is foreseeable? – What are my/my audiences expectations?
  • Just because you can, should you?• Legal vs. Ethical issues – Gut check – What are your values? – Do you have a decision-making process? • Would you/could you share your process?
  • Legal MythbustersIf I attribute something, then Iam not infringing on copyright
  • Not necessarily• Plagiarism is an academic and journalistic concept.• Copyright infringement isnt the same as plagiarism.• Attribution may help with fair use argument
  • Legal MythbustersIf someone embeds my videoto their site, they are violating my copyright.
  • Most likely not• Depends on the terms of use of the site• By permitting users to embed the video, you’re granting a limited license.
  • Legal MythbustersIf I’m republishing news, I’m protected under fair use
  • Maybe• Depends on the terms of use of the site• Elements – 1. Purpose and character of the use (criticism, comment, news reporting, teaching, scholarship, reserach, etc) 2. Nature of original work (Published or unpublished, factual vs. creative) 3. Amount used in relation to work as a whole 4 Effect on market for original work.
  • If a work doesn’t have a ©,then it’s in the public domain.
  • No.• Copyright springs into existence when a work is fixed in a tangible medium of expression.• Copyright notice isn’t required. – But you should still use it • © 2011 Poynter
  • What is Copyright?• Grants authors exclusive rights to works and the rights to: – Reproduce – Distribute – Perform – Display – Transfer rights ©
  • What Copyright Isn’t• Not subject to copyright: – Idea – Concept – Discovery – Laws – “Fair Use” – “70 years rule”
  • Copyright Era vs. Open-source World• Copyright-era language – Scoop, byline, beat, etc.• Open-source language – Collaboration, retweeting, embeddable content, etc.
  • Copyright Issues in Social Media• Typically the original author owns the copyright (should clarify this with contract).• Some posts do not meet minimal creative threshold and may not have copyright protection.• Aggregation can bring up copyright issues .
  • Fair Use Factors• Subjective balancing test• Four areas – Purpose and character – Nature of work – Amount of work used – Market value effect
  • Fair Use• Purpose & character (in the public interest) – News reporting – Non-profit – Adds a new meaning to the original work
  • Fair Use• Nature of the work – Creative work is more protected than fact- based work
  • Fair Use• Amount of work used (relative) – Not necessarily based on proportion – Look at the “heart” of the work – Too little for fair use: “de minimis”
  • Fair Use• Market value effect – Most important factor
  • Attribution/Disclaimer• Will not protect you from a copyright claim* * Unless the owner has granted rights via Creative Commons
  • Shuttle Launch (St. Pete Times) • Photo taken by @stefmara (Stephanie Gordon) • Times paid $100 to use the photo • Twitpic users retain copyrights to work
  • Example:Copyright issues with online images
  • Embeddable Content • <object width="425"• What is an embed? height="350"><param name="movie"• Embed = in-line link value="http://www.youtube.co m/v/8-5INcUuoEs"></param> – No content is stored <param name="wmode" on your server. value="transparent"></param ><embed src="http://www.youtube.com /v/8-5INcUuoEs" type="application/x- shockwave-flash" wmode="transparent" width="425" height="350"></embed></obj ect>
  • Embeddable Content• No direct infringement – Perfect10 vs. Amazon• Contributory Liability – Don’t embed videos that are obvious infringing – Consider removing videos once you have notice it’s infringing• Extra protection: Register as a “Copyright Agent”
  • Online Commenters• “Notice and takedown” – DCMA protects publishers • You will generally not be liable if you promptly take down a comment after being notified by a copyright owner
  • Copyright Issues in Linking• Deep Linking: Putting a link on your site that opens a specific page on another site.• Inline Linking: Embedding HTML code on your site so it displays content directly from another site.
  • The Copyright Balancing Act• Authors rights / Public rights• Innovation / Fair Use• Copyright era / Open-source community• Commercial benefit / Contributions to the public domain• Incentive to create new work / Build upon the works of others• Stealing content / Promotional value
  • Avoiding Copyright Landmines• Create your own work• If you do use others’ work … – Ask for permission – Give credit – Use only what is necessary – Ensure that it is fair use
  • For More Information• Section 512 of the Digital Millennium Copyright Act• CDA 230 (Section 230 of the Communications Decency Act)
  • Resources• Electronic Frontier Foundation – http://www.eff.org/• Reporters Committee for the Freedom of the Press – http://www.rcfp.org/ @ellynangelotti• Online Media Law: The Basics for Bloggers and Other Publishers – http://www.newsu.org• Citizen Media Law Project – http://www.citmedialaw.org/
  • The Copyright Era Meets the Open-Source World @ellynangelottiFaculty, Digital trends & social media eangelotti@poynter.org