INTRODUCTION TO COPYRIGHT ACT USASubmitted By:Sudhanshu Bharti (VIT- CS)
Structure of the PresentationThree parts (1) Copyright in US (2) Infringement of Copyright (3) Case Study: Copyrighting Digital Techniques
What is Copyright? “The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” (Oxford English Dictionary)
Why Copyright? Fair Play: Reward creative efforts. Exclusive rights for limited time → Negative right: prevent copying/reproduction Copyright is necessary → encourage dissemination of copyrighted works = public interest
US ConstitutionArticle I, Section 8, Clause 8 gave Congressthe power to enact laws “To promote theprogress of science and useful arts, bysecuring for limited times to authors andinventors the exclusive right to theirrespective writings and discoveries.”
United States First Act in 1790: did not protect foreign authors Indigenous American literature suffered Today: Copyright Act 1976 one of the major copyright laws in the world
Copyright Act 1976 – Main Features Valid from 1 January 1978 Created by United States Patent and Trademark Office Introduced Time bound work & creativity avoiding infringement
Copyright Act 1976 – Purpose To give the creator control and a monopoly on royalties for a period of time promotes creativity All creators, including photographers and illustrators are entitled to be paid if their work is used, commercially or otherwise. This encourages creativity and makes more images available for use.
How Copyright protects worksCopyright protects "original works ofauthorship" that are fixed in "a tangibleform of expression." The fixed form doesnot have to be directly perceptible so longas it can be communicated with the aid ofa machine or other device.
Must be an original work of authorship, meaning that the work must be independently created by the author (as opposed to copied from other works). The U.S.’ required level of originality is very low. Other countries’ laws may differ in this respect.
Literary works (e.g., all text, including computer software); Musical works; Dramatic works; Pantomimes and choreographic works; Pictorial, graphic, and sculptural works; Motion pictures and other audiovisual works;
Works that have not been fixed in a tangible form of expression Titles, names; familiar symbols or designs; mere variations of lettering; mere listings of ingredients or content Works consisting entirely of common property, containing no original authorship Ideas, procedures, concepts, principles
Registration ProcessA copyright owner must: File an application; Pay a nominal filing fee ($30); and Deposit copies of the work at the Copyright Office. Some of the works may be added to the collections of the Library of Congress.
Registration Registration is administered by the U.S. Copyright Office of the Library of Congress. Forms available at www.copyright.gov Registration does not involve complex examination of applications as for patents and trademarks.
What is Fair Use? Class handouts of very short excerpts from a book; Quoting for purposes of reporting the news or criticizing or commenting on a particular work of art, writing, speech or scholarship.
What is not Fair Use? Using a photograph or other image to illustrate a newsworthy story (because the subject of the story is newsworthy it does not make the image newsworthy)
Who owns copyright? A freelance artist who created the copyrighted work; An employer who hires employees who create copyrighted works as part of their job. Any person who is using the work only for personal use.
What is infringement? Use of whole or part of an image without permission; Use beyond the scope of a license; Adapting an image without permission (art rendering, collage); Asking another photographer to recreate the image.
Unauthorized use This image was created by a computer graphics artist who “borrowed” images from several sources.
Original artThese are the two images that were infringed upon to create the Newsday cover.
Who is responsible? The company that directly infringed; Employees who participated in the infringement or should have supervised; Anyone who publishes the infringing image whether they had knowledge or not.
How to avoid infringement? Obtain a license for all the uses that will be needed; Obtain a license to create a derivative image; Obtain an art rendering or art reference license to change the medium.
The WIPO “Internet” Treaties28 Negotiated in 1996 under the auspices of the World Intellectual Property Organization, part of the United Nations. The WIPO Copyright Treaty entered into force with 30 ratifications on March 6, 2002. The WIPO Performances and Phonograms Treaty entered into force with 30 ratifications on May 20, 2002. The U.S. implemented the Treaties through the Digital Millennium Copyright Act.
Three New Obligations29 Established The Right of Making Available to the Public; Legal Protection of Technological Measures to Protect Copyrighted Works (“TPMs”); and Legal Protection of Rights Management Information (“RMI”).
Digital Millennium Copyright30 Act 1998 U.S. implementation of the treaties; Extends U.S. copyright law into the digital realm; and Prohibits circumvention of technological protection measures; Prevents tampering with rights management information; Limits infringement liability for ISPs that meet certain criteria.
Case Study Universal Studios Vs. Reimerdes Court – Started in 2d.Cir.(Second Circuit) Date – August 17, 2000 Affirmed the anti-circumvention provisions of the Digital Millennium Copyright Act.
Case Laws The plaintiffs, 8 movie studios, successfully sought an injunction against the distribution of DeCSS, a program capable of decrypting content protected using the Content Scramble System (a DRM scheme commonly used to protect DVDs.)
Case Laws It was produced and released without a license from DVD CCA, the trade organization responsible for DVD copy protection. DeCSS was released in October 1999 on LiViD, a mailing list focused on producing programming tools and software libraries relevant to DVD use on Linux.
Case Laws The motion picture industry became aware of the existence of DeCSS later that same month and began litigation on a number of fronts. The Case got registered in many courts. Both the district and appellate court rulings were controversial. Despite the courts rulings, DeCSS is still widely available on the Internet.
Why should anyone care? Substantial monetary damages can be awarded (actual damages; profits) Statutory damages ($750-$30,000 and up to $150,000 if the infringement was willful) The infringing use enjoined; Attorney’s fees
Popular Copyright Myths if it’s on the internet it is in the public domain and therefore free; if there is no copyright notice, I can use the image; if I alter the image I don’t need permission; if I don’t profit from it, I can use it; if I only use a part of the image I don’t need permission.