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Authorship Seminar:  Intellectual Property Basics
 

Authorship Seminar: Intellectual Property Basics

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CCR 747, Spring 2013

CCR 747, Spring 2013

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    Authorship Seminar:  Intellectual Property Basics Authorship Seminar: Intellectual Property Basics Presentation Transcript

    • IP 101 CCR 747 ::: S13Thursday, March 21, 13
    • we are surroundedThursday, March 21, 13
    • Thursday, March 21, 13
    • Thursday, March 21, 13
    • Thursday, March 21, 13
    • Thursday, March 21, 13
    • Thursday, March 21, 13
    • Thursday, March 21, 13
    • Thursday, March 21, 13
    • Jess:I’ve been coming back to this idea throughout the week as Ithink about my own project with community work, wherepopulations or individuals are often not deemed authors, or atleast not Authors. And their work goes unacknowledgedbecause they lack the access or agency to publish and/or to beheard so that they can even act in the capacity of an author. ...Ikeep thinking about how the cultural status of an author (as itrelates to copyright laws) first acknowledges that an authorexists. I guess I’m wondering if copyright laws do/can protectpeople in this situation, people who perhaps aren’t necessarilytypical authors wanting to protect their work but still writeand invent texts?Thursday, March 21, 13
    • Tamara: Who benefits from copyright law?   What is the purpose of publishing work/ making it public?   What is a work worth if the general public cannot access it? [And what is the purpose of protecting it?]Thursday, March 21, 13
    • Statute of Anne 1710Thursday, March 21, 13
    • an act for the encouragement of learningThursday, March 21, 13
    • “the Encouragement of Learned Men to Compose and Write useful Books”Thursday, March 21, 13
    • 14 / 14 registration requirementThursday, March 21, 13
    • Donaldson vs Beckett 1774Thursday, March 21, 13
    • public interest? natural rights?Thursday, March 21, 13
    • “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries.” (USC 17, Article 1, Section 8)Thursday, March 21, 13
    • “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries.” (USC 17, Article 1, Section 8)Thursday, March 21, 13
    • . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries.” (USC 17, Article 1, Section 8)Thursday, March 21, 13
    • limited monopoly rightsThursday, March 21, 13
    • 1790: 14/14 • maps • charts • books • registration requirementThursday, March 21, 13
    • 1909: 28/28 • covered “all the writings of an author” • term began from publication rather than registration • unpublished works not coveredThursday, March 21, 13
    • 1976: life + 50 • Fixation rather than registration • Ownership of unbundled rights • Termination rights • Anonymous/pseudonymous works and works-for-hire: 75 years from publication or 100 years from creation. • Fair useThursday, March 21, 13
    • http://lundissimo.info/imgs/motorcity/napkinart/guy.jpgThursday, March 21, 13
    • Fair Use • What is the character of the use? • What is the nature of the use? • How much will you use? • What are the market effects?Thursday, March 21, 13
    • Educational use is protected.Thursday, March 21, 13
    • Parody is Protected.Thursday, March 21, 13
    • Criticism is protected.Thursday, March 21, 13
    • Berne Convention • Every major country except China, USSR, and US • US entry in 1989 after 102 years of refusal (We’ll come back to this.)Thursday, March 21, 13
    • Sonny Bono Copyright Term Extension Act, 1998 • Life + 70 yearsThursday, March 21, 13
    • Digital Millennium Copyright ActThursday, March 21, 13
    • • No circumventing digital protections • No distribution of devices designed to circumvent digital protections • No selling of anti-security tools • No removing copyright information • Safe harbor for Internet Service ProvidersThursday, March 21, 13
    • What is copyright? The right of the author/ creator to control.Thursday, March 21, 13
    • First Sale DoctrineThursday, March 21, 13
    • ReproductionThursday, March 21, 13
    • Derivative WorksThursday, March 21, 13
    • Distribution and SalesThursday, March 21, 13
    • Public Performance and DisplayThursday, March 21, 13
    • Digital TransmissionThursday, March 21, 13
    • Modern Authorship is . . .Thursday, March 21, 13
    • digitalThursday, March 21, 13
    • Distributed CollaborativeThursday, March 21, 13
    • http://benfry.com/linking/Thursday, March 21, 13
    • Thursday, March 21, 13
    • Issues (Samuelson) • ease of replication • ease of transmission and multiple use • plasticity of digital media • equivalence of works in digital form • compactness of works in digital form • new search and link capacitiesThursday, March 21, 13
    • transnationalThursday, March 21, 13
    • Back to BerneThursday, March 21, 13
    • World Intellectual Property Organization (WIPO)Thursday, March 21, 13
    • Trade-Related Aspects of Intellectual Property Rights (TRIPS)Thursday, March 21, 13
    • US as pirate nation.Thursday, March 21, 13
    • US as primary exporterThursday, March 21, 13
    • US crackdown on piracy.Thursday, March 21, 13
    • Berne ProvisionsThursday, March 21, 13
    • The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.Thursday, March 21, 13
    • Protected without formalitiesThursday, March 21, 13
    • Minimum term of life + 50Thursday, March 21, 13
    • exclusive economic rightsThursday, March 21, 13