Copyright

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An exploration of the history and rules of US copyright law, public domain and fair use.

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  • US Constitution signed on Sept 17, 1787
  • www-apps.umuc.edu
  • US Constitution signed on Sept 17, 1787
  • Music publishing rights can be worth more than the music recordings which is a separate copyright.
  • Estimated that a $100 dollar bottle of perfume may only cost $2 to make the perfume.
  • http://www.arl.org/info/frn/copy/dmca.html
  • www.copyright.gov
  • http://www.arl.org/info/frn/copy/timeline.html
  • http://www.arl.org/info/frn/copy/timeline.html
  • http://www.lib.utk.edu/~plan/copyrt/register.html http://www.alllaw.com/articles/intellectual_property/article11.asp
  • Copyright

    1. 1. Copyright Fall, 2015
    2. 2. What is copyright • Protection granted by Federal Law to authors and artists to guard their creative works from theft. • Works are protected for the life of the author plus 70 years. • A business is the author when one of their employees is the creator. This is called “corporate authorship” or “made for hire”. • Protected for 95 years from publication.
    3. 3. US Constitution • Article I – Section 8 • Congress shall have the 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 • Copyright originally lasted for 14 years with another 14 year renewal.
    4. 4. Copyright Law • Title 17 of the U.S. Code • 17 USC § 102 • (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
    5. 5. What is Public Domain? • Public Domain is a work no longer owned by anyone and capable of being used by everyone. • How long to public domain? • Originally (1790) 14 years with a 14 year extension • 1909 – expanded to 28 years with a 28 year extension • 1976 – expanded to 50 years for authors and 75 years for corporate authors • 1998 – expanded to 70 years for authors and 95 years for corporate authors • Sonny Bono Copyright Term Extension Act (CTEA)
    6. 6. Mickey Mouse • First appeared in “Steamboat Willie” in 1928. • By 1928 copyright law, should have become public domain in 1984. • By 1976 law should have become public domain in 2003. • By 1998 law should become public domain in 2023.
    7. 7. US Constitution • Article I – Section 8 • Congress shall have the 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 • Copyright originally lasted for 14 years with another 14 year renewal.
    8. 8. “Happy Birthday to You” • Written as “Good Morning to All” by schoolteachers Mildred & Patty Hill in 1893. • Became “Happy Birthday to You” in a songbook in 1924. • After becoming popular, was published and copyrighted in 1935 by younger sister Jessica. • Copyright should have expired in 1991, but was extended in 1976 to 2010 and again in 1998 to 2030. • Was owned by Time/Warner and earned about $2 million per year.
    9. 9. “Happy Birthday to You” • Copyright should have expired in 1991, but was extended in 1976 to 2010 and again in 1998 to 2030. • Rights purchased by Time/Warner since 1988 and earned bout $2 million per year. • In September, 2015, a Federal judge ruled that the copyright from 1935 was invalid and no longer enforceable. • Time/Warner may have to pay back royalties earned since 1988.
    10. 10. Types of Works Protected • literary works; • musical works, including any accompanying words; • dramatic works, including any accompanying music; • pantomimes and choreographic works; • pictorial, graphic, and sculptural works; • motion pictures and other audiovisual works; • sound recordings; and • architectural works.
    11. 11. Rights of the Author • Right to make copies (Duplication) • Right to sell copies (Distribution) • Right to adapt into another format, media, or genre • Public performance • Public display • Authors can sell these rights with limits on location, time, or format.
    12. 12. What is not protected? • (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
    13. 13. What is not protected? • Recipes • However, a cookbook is protected • Facts • Works by the federal government • Functional Objects • Furniture or Clothing • Fashion Designs • Protected through Trademarks and/or Patents • Perfumes
    14. 14. Patents & Trademarks • Patents • Protects inventions • Trademarks • Protects logos or symbols used by organizations and business to represent themselves or their products.
    15. 15. Limits of Author’s Rights • First Sale Doctrine • Once a copy is sold the author no longer has any rights regarding the re-sell of that copy. • (Author maintains the right to control reproduction and adaptation.) • Music companies sued Used CD stores in 90’s but lost due to First Sale Doctrine.
    16. 16. Fair Use • 17 USC §107 • "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
    17. 17. Fair Use • “Fair Use” is what allows students, researchers, and scholars to make copies of copyrighted works without penalty. • Four factors to determine Fair Use: • purpose and character of the use • nature of the copyrighted work • the amount and substantiality of the portion used in relation to the whole • the effect of the use on the potential market
    18. 18. US Copyright Office • A department of the Library of Congress • Under authority of the Librarian of Congress • Advises Congress: • Intellectual Property • Drafting Copyright Legislation • Compliance with Multilateral Agreements • Berne Convention • Works w/Executive Branch Agencies • Dept. of State, Dept. of Commerce
    19. 19. DMCA • Digital Millennium Copyright Act • Made law in 1998 • Section 1201 "prohibits gaining unauthorized access to a work by circumventing a technological protection measure . . .” • Copyright Management System • Protects ISP’s from liability for actions by their subscribers if they assist copyright holders in shutting down infringements.
    20. 20. DMCA - Exception • Authorized by the Librarian of Congress in 2012 • Allows for circumventing of technological protection measures for several purposes including: • Electronic Distribution of Literary Works for Assistive Technologies • Interoperability of Wireless Telephone Handsets • Commentary, Criticism & Educational Use • Closed Captioning & Descriptive Audio
    21. 21. How to Copyright • Put work into a tangible medium • Print, photograph, digital • “set in a form in which it can be perceived either directly or with the aid of a device.” • You are not required to register or even put a copyright notice. • © or Copyright 2006 by Scott Lee • Registering with the US Copyright Office gives you stronger protection. • http://www.copyright.gov/

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