PodCamp Nashville - Fair Use in a Content-Sharing World

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Fair Skies, Fair Complexions, and the kind you show your Prize Pig At: What "Fair Use" means for a content-sharing world. Presentation on copyright and fair use basics for content creators and users.

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PodCamp Nashville - Fair Use in a Content-Sharing World

  1. 1. Fair Skies, Fair Complexions, andthe Kind You Show Your Prize Pig At: What "fair use" means for a content-sharing world by Tara M. Aaron, Esq. Stites & Harbison, PLLC Nashville, TN
  2. 2. Fair Use – Some Basics► Wow. That girls blog is so cool. How great that I can just copy and paste that quote into my post?► Did you see that photo in the New York Times yesterday? That would look great on my website.JUST BECAUSE IT‘S EASY, THAT DOESN‘T MEAN IT‘S OKAY! Tara Mooney Aaron - Fair Use
  3. 3. Fair Use – Some Basics► Copyright subsists in original works of authorship fixed in any tangible medium of expression ►17 USC § 102 Tara Mooney Aaron - Fair Use
  4. 4. Fair Use – Some Basics► Works protected by copyright law:  Literary works  Musical works (with words)  Dramatic works (with music)  Pantomimes/choreographic works  Pictorial, graphic and sculptural  Motion pictures and audiovisual  Sound recordings  Architectural works ►17 USC § 102 Tara Mooney Aaron - Fair Use
  5. 5. Fair Use – Some Basics► The owner of a copyright has the exclusive right to do and to authorize any of the following:  to reproduce the copyrighted work  to prepare derivative works based on the copyrighted work  to distribute copies of the copyrighted work to the public  to perform the copyrighted work publicly  to display the copyrighted work publicly ► 17 USC § 106 Tara Mooney Aaron - Fair Use
  6. 6. Fair Use – Some Basics► What can happen in case of copyright infringement?  injunction 17 USC § 502  impounding and destruction of infringing articles 17 USC § 503  damages and profits of infringer 17 USC § 504  statutory damages of $750 to $30,000 if infringement is non-willful, up to $150,000 if willful 17 USC § 504 Tara Mooney Aaron - Fair Use
  7. 7. Fair Use – Some Basics► There are four statutory factors according to 17 USC § 107 to determine whether there is fair use: purpose and character of the use, including whether use is commercial or is for nonprofit educational nature of the copyrighted work amount and substantiality of portion used in relation to the copyrighted work as a whole; and effect of the use upon potential market for or value of copyrighted work
  8. 8. Fair Use – What Doesn’t Work
  9. 9. Fair Use – Some Basics► If you use somebody else’s content, check the following:  public domain? - facts, ideas not copyrightable - protection term expired  permission (license)?  fair use?  Linking vs. Copying Tara Mooney Aaron - Fair Use
  10. 10. Facebook►I want to post pictures I have taken on my own on Facebook  copyright notice?  who is in the picture; did they give their permission? ►beware of defamatory pictures! Tara Mooney Aaron - Fair Use
  11. 11. Facebook►Iwant to post text I have seen on a friend‘s blog on my Facebook site  copyright protection for the text  fair use? Tara Mooney Aaron - Fair Use
  12. 12. YouTube► Thenew Arcade Fire video blew my mind and I need to share it with my friends; can I copy it with my Tivo from MTV and post in on YouTube?  copyright in music video  fair use? Tara Mooney Aaron - Fair Use
  13. 13. YouTube► Can I create my own video using the original music but creating a slideshow with pictures from their last concert?  license in original music?  rights in pictures no problem if I have taken them; but what if they are from my best friend? Tara Mooney Aaron - Fair Use
  14. 14. Twitter►I have just seen Charlie S. stumbling out of a bar and getting into his car with a fifteen year old girl. #Winning! Can I tweet about this? Drinkin that #TigerBlood !!!  Is the story true?  What personality rights does Charlie have? Tara Mooney Aaron - Fair Use
  15. 15. Fan Sites►I am a huge fan of Yeasayer. Can I create a fansite on Facebook?  personality rights of band members  copyright in pictures and music  true stories, rumors,... Tara Mooney Aaron - Fair Use
  16. 16. Real Cases – You be the judge
  17. 17. Real Cases – You be the judge
  18. 18. Real Cases – You Be the Judge BOOK SETTLEMENT
  19. 19. Questions Tara M. Aaron, Esq. tara.aaron@stites.com (615) 782-2229

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