Copyright Basics
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Copyright Basics

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This presentation talks about the basics of Copyrights

This presentation talks about the basics of Copyrights

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Copyright Basics Copyright Basics Presentation Transcript

  • Copyright Basics
  • Agenda
    • What is Copyright?
    • What Can Be Copyrighted?
    • How Long Does Copyright Last?
    • What is in the Public Domain?
    • What is Fair Use?
    • Alternatives to Copyright
    • Copyright in the News (MP3s, Copyright Extension)
  • What is Copyright?
    • Copyright is a form of intellectual property that gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain.
    • It allows authors, musicians, artists, etc. to make money off of their labor.
    • It prevents others from taking there work for free.
    • It also prevents people from altering the work without permission.
    • The concept of copyright originates with the Statute of Anne (1710) in Great Britain.
    • The Statute of Anne (short title Copyright Act 1709 8 Anne c.19; long title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned") was the first copyright law in the Kingdom of Great Britain, enacted in 1709 and entering into force on 10 April 1710 .
    • It is generally considered to be the first fully-fledged copyright law. It is named for Queen Anne, during whose reign it was enacted.
    • Copyright has been internationally standardized, lasting between fifty to a hundred years from the author's death, or a shorter period for anonymous or corporate authorship. Some jurisdictions have required formalities to establish copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.
  • What Can Be Protected?
    • Literary Works (includes software, web pages)
    • Musical Works (including any accompanying words)
    • Dramatic Works (including any accompanying music)
    • Choreographic Work
    • Pictorial, Graphic, and Sculptural Works (.gif, .jpg, .bmp)
    • Motion Pictures and Audio Visual Works (flash, streaming video, virtual reality)
    • Sound Recordings (.wav files, MP3, etc.)
    • Architectural Works
  • What Is Not Copyrightable?
    • Words and short phrases such as names, titles, and slogans
    • Blank forms ... designed for recording information [that] do not in themselves convey information
    • Works consisting entirely of information that is common property containing no original authorship, e.g. calendars, weight charts, sports schedules, tables taken from public documents or other common sources.
  • What Does Copyright Give Rights Holders?
    • Right to reproduce the work.
    • Right to prepare derivative works.
    • Right to distribute copies for sale.
    • Right to perform AV works publicly.
    • Right to display musical and artistic works publicly.
  • How Long Does Copyright Last?
    • The term of copyright for a particular work depends on several factors, including whether it has been published , and, if so, the date of first publication .
    • As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years .
    • For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first .
    • Renewal: No. Works created on or after January 1, 1978, are not subject to renewal registration.
    • As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.
  • Copyright Ownership
    • Ownership vests originally in the author
    • A “work made for hire” is
      • a work prepared by an employee within the “course and scope of employment”;
      • a work specially ordered or commissioned ... if the parties expressly agree in [writing] that the work shall be considered a work made for hire.
  • Public Domain
    • Anything in the public domain is useable by anyone in any way that they want. No one owns it.
    • Everything published before 1923 is in the public domain.
    • US federal works are in the public domain.
    • Authors can choose to put work in the public domain by including a notice that the item is in the public domain.
  • Fair Use
    • You can use excerpts from a book to write a review of it. However, you can’t reproduce whole chapters of the book for reviewing purposes without permission.
    • A class dealing with film studies can screen a movie without payment for study purposes. However, no admission can be charged and only students in the class can attend the screening.
    • Difficult area that can get people in trouble. Consult an attorney if you are in doubt…
  • Alternatives to Copyright
    • Licenses – Creators can retain copyright but allow people to use content under certain terms. For example, the copyright can give schools to use content for free and without permission. Example: ( http://www.creativecommons.org/ )
    • Open License – Others can use but must credit original source. Further, any version that others create must also have the open license and be useable by others as well. Example: (http://www.wikipedia.org/).
  • Change of Medium Is Still an Infringement
    • Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992)
    • Art Rogers was a photographer. Took the picture on the left
    • Jeff Koons, a famous artist, made the sculpture on the right from the photo
    • Koons sold three copies for $367,000 each
    • HELD, copyright infringement
  • Major Ideas
    • Copyright derives from the intellectual property clause of the Constitution
    • Only “works of authorship” are eligible for copyright
    • Copyright protects expression only, not ideas, procedures, algorithms or processes
    • Infringement is violating any of the exclusive rights of the copyright owner: reproduction, distribution, derivative works, public performance, public display
    • To have infringement there must be a copying
    • Willful copyright infringement for financial gain is a crime
  • Thank You