What is copyright? What is your definition of it? What is copyrighted? How do you get a copyright?
Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress: “ 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. Copyright purpose: promote creativity, innovation, and knowledge. Copyright limits an author’s control over work so that creativity and spread of knowledge can be promoted. Copyright protects creative expression’ Patents protect inventions Trademarks protect marks or logos
Copyright law protects owners with 5 rights When an owner puts a copyrighted work on the Internet, it doesn’t give other users the right to redistribute that work.
Original = did not copy from somebody else, creative. Facts are not copyrighted => not creative, no one owns; need to be freely used to advance knowledge. Fixed, tangible = physically exists, recorded; Ideas and processes are not copyrightable Everything is copyrighted, but there are exceptions. Copyright law is “platform neutral” – images, music, video – all are protected equally under copyright law. Assume that everything you find on the web is protected by copyright unless you know otherwise (a notice on the stie) Section 110, 1 & 2: Allow teachers to use copies of lawfully acquired material for face-to-face instruction or purposes of online learning Section 107: Doctrine of Fair Use:
Four factors must be considered holitically; one is not more important than the other Students should critically think to do their own fair use reasoning Lawyers don’t make fair use determinations; users should make the determination … users know best the context.
Infringement – using an amount beyond what is allowed by law transformed = adding new expression or meaning, information, aesthetics, insights, understandings
Less you take more likely to be fair use. Heart of the work, less likely to be fair use (e.g., guitar riff of I can’t get no satisfaction) Harper & Row vs. The Nation regarding Gerald Ford’s biography, which contained a section about his pardon of Richard Nixon. The Nation published that portion of the unpublished manuscript; court ruled against The Nation.
Undermine new or potential market
Why is it important to consider the fair use factors? Demonstrate good faith. If you are sued for infringement, if you can demonstrate that you acted in good faith, you may not have to pay statutory damages even if the court decides you were wrong. If you cannot show evidence that you acted in good faith, you can be liable for damages Damages for infringing on a single work range from $750 to more othan $30K If the court finds the damage was willful, damages can go as high as $150K
CC Image: Mike Blogs
“ 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” Article 1 Section 8 U.S. Constitution CC Image: US Constitution
Owners’ rights <ul><li>Reproduce </li></ul><ul><li>Prepare derivative works </li></ul><ul><li>Distribute copies </li></ul><ul><li>Perform </li></ul><ul><li>Display </li></ul>CC Image: Weesen
What qualifies? <ul><li>Original, creative </li></ul><ul><li>Fixed, tangible medium </li></ul>CC Image: RGB
Balances rights of owners and users CC Image: ' Statua della Giustizia
“… copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate.” CC Image: Aspen Institute
Four Factors <ul><li>Purpose & character of use </li></ul><ul><li>Nature of copyrighted work </li></ul><ul><li>Amount, substantiality used </li></ul><ul><li>Effect on market </li></ul>CC Image: Scales
Purpose & character Fair use Infringement Created something new (transformative) Copied verbatim into another work
Nature of the work <ul><li>Factual - Biographical - Published </li></ul>- Fictional - Unpublished Infringement Fair use
Amount & substantiality - Small amount - Large amount - Heart of work Infringement Fair use
Market effect - Minimal effect - Deprive income - Undermine market Infringement Fair use