CC Image:  Mike Blogs
“ The Congress shall have power…To  promote  the  progress  of science and  useful arts , by securing for limited times to...
Owners’ rights <ul><li>Reproduce </li></ul><ul><li>Prepare derivative works </li></ul><ul><li>Distribute copies </li></ul>...
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 freel...
Four Factors <ul><li>Purpose & character of use </li></ul><ul><li>Nature of copyrighted work </li></ul><ul><li>Amount, sub...
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- Fictional - Unpublished Infringement Fair use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
That’s fair <ul><li>Parody </li></ul><ul><li>Review </li></ul><ul><li>Commentary </li></ul><ul><li>Scholarship </li></ul><...
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Copyright Intro

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Definition of copyright and fair use for high school students

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  • 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 =&gt; 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 &amp; 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 &amp; 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
  • Copyright Intro

    1. 1. CC Image: Mike Blogs
    2. 2. “ 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
    3. 3. 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
    4. 4. What qualifies? <ul><li>Original, creative </li></ul><ul><li>Fixed, tangible medium </li></ul>CC Image: RGB
    5. 5. Balances rights of owners and users CC Image: ' Statua della Giustizia
    6. 6. “… 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
    7. 7. 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
    8. 8. Purpose & character Fair use Infringement Created something new (transformative) Copied verbatim into another work
    9. 9. Nature of the work <ul><li>Factual - Biographical - Published </li></ul>- Fictional - Unpublished Infringement Fair use
    10. 10. Amount & substantiality - Small amount - Large amount - Heart of work Infringement Fair use
    11. 11. Market effect - Minimal effect - Deprive income - Undermine market Infringement Fair use
    12. 12. That’s fair <ul><li>Parody </li></ul><ul><li>Review </li></ul><ul><li>Commentary </li></ul><ul><li>Scholarship </li></ul><ul><li>Research </li></ul><ul><li>Education </li></ul>CC Image: Ellis Brooks

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