Fair Use and Public Domain

1. ©
Copyright
Fair Use and Public Domain

2. ©
noun
1. the exclusive legal right, given to an originator or an assignee to print,
publish, perform, film, or record literary, artistic, or musical material, and
to authorize others to do the same.
– Oxford Dictionary
Copyright

3. ©
Poems
Theses
Motion Pictures
Choreography
Sound Recordings
Drawings
Musical
Sculptures
What is in Scope?
Radio and Television
Broadcasts
Computer Software
Industrial Designs
Plays
Compositions
Paintings
Photographs

4. ©
Names of products
Titles of Works
Names of businesses,
organizations, or groups
Listings of ingredients
in recipes, labels, and
formulas. (The directions can
be copyrighted)
What is Out of Scope?
Catchwords,
catchphrases, mottoes,
slogans, or short
advertising expressions
Works of the United States
Government and various
other governments
Type Faces

5. ©
History
Middle Ages
In Europe, there was generally
a lack of any concept of literary
property due to the view of
knowledge as the product
and expression of the collective,
rather than to see it as
individual property.
History

6. ©
1700’s
In England, copyright came
about with the invention of
the printing press and with
wider literacy. The Statute
of Anne was the first real
copyright act, and gave
the publishers rights for a
fixed period, after which the
copyright expired.

7. ©
1783 – 1787
Several states passed their
own copyright laws. The
original length of copyright in
the United States was
14 years

8. ©
1886
The Berne Convention for
the Protection of Literary
and Artistic Works requires
protection for all creative
works in a fixed medium
be automatic, and last for
at least 50 years after the
author’s death for any work
except for photographic and
cinematographic works.

9. ©
1910
Buenos Aires Convention that
which required a copyright
notice on the work and
permitted signatory nations
to limit the duration of
copyrights to shorter and
renewable terms

10. ©
1989
United States Joins The
Berne Convention

11. ©
1998
The Mickey Mouse Protection
Act extended these terms to
life of the author plus 70 years
and for works of corporate
authorship to 120 years after
creation or 95 after
first publication.
– Wikipedia

12. ©
Public Domain
Works in the public domain are those whose intellectual property rights
have expired, have been forfeited, or are inapplicable.

13. ©
In short todayt anything published before 1923 is in the public domain.
Works made in 1923 or afterwards will only be in public domain 95 years
after publication.

14. ©
Uses That Are
Generally Fair Uses?

15. ©
News reporting
For example, summarizing an address or article,
with brief quotations, in a news report.

16. ©
Research and scholarship
For example, quoting a short passage in a scholarly,
scientific, or technical work for illustration or clarification
of the author’s observations.

17. ©
Nonprofit educational uses
For example, photocopying of limited portions of written
works by teachers for classroom use.

18. ©
Parody
That is, a work that ridicules another, usually well-known,
work by imitating it in a comic way.

19. ©
After the U.S. Court of Appeals for the Eleventh Circuit vacated an injunction against publishing the
book in Suntrust v. Houghton Mifflin (2001), the case was settled in 2002 when Houghton Mifflin agreed
to make an unspecified donation to Morehouse College in exchange for Mitchell’s estate dropping
the litigation.
– Wikipedia
Parody

20. ©
“The Walt Disney Company threatened to sue Marvel for infringement of copyright claiming that
Howard looked too similar to Donald Duck and enforced a different design, including the use of pants
(as seen in the movie and some later comics).” – Wikipedia
Parody

21. ©
Ideas and Facts
Copyright shelters only fixed, original, and creative
expression, not the ideas or facts.

22. ©
“Thomas Kerr (left illustration) sued The New Yorker and illustrator Anita Kunz in 1999 for
copyright infringement. Kerr argued that Kunz’s illustration, “Manhattan Mohawk” was copied
from his drawing, “New York Hairline”. The New Yorker used Kunz’s drawing for its 10 July
1995 cover. The court sided with Kunz saying the drawings were not “substantially similar”.”
Wikipedia
Basicly Ideas are not protected by copyrite
Ideas and Facts

23. ©
Collage Art
Collage art is permited as long as you made a new
transformative work.

24. ©
Shepard Fairey vs Mannie Garcia
“The two sides have agreed to work together with the ‘Hope’ image and
share the rights to make the posters and merchandise bearing the ‘Hope’
image and to collaborate on a series of images that Fairey will create based
on A.P. photographs.” The statement added that the two sides had agreed to
“financial terms that will remain confidential.”” – NYT
Collage Art

25. ©
Patrick Cariou vs. Richard Prince
“The district court ruled in favor of Cariou, holding that
Prince’s work was not fair use because it did not comment on
or critique the original photographs.” – NCAC
Collage Art

26. ©
All shareholders, officers and employees of business
entities should be aware of the possibility that claims
for copyright, patent, or trademark infringement can be
made against them individually.

27. ©
Monkey selfie copyright dispute
James Newton Vs. Beastie Boys
Robin Thicke’s Blurred Lines Vs. Marvin Gaye’s Got To Give It Up
Sam Smith’s Stay With Me vs. Tom Petty’s I Won’t Back Down
Other interesting cases