Copyright and content
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Marketing Director Mark Miller discusses the use of copyrighted material and what you should and shouldn't do when creating content. Answering questions along the way, Mark discusses your rights, other's work, orphaned works, and what falls into the public domain.
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Copyright and content
- 1. copyright and content Mark Miller | Marketing Director | Jordan Law
- 2. Who I Am Mark Miller St. Louis Native Built computers in my basement Worked for 2nd largest hosting company Digital Marketing for over 10 years Law Firm Marketing for last 6
- 3. Caveats and Warnings I am not a lawyer My talk is informational and suggests best-practices It is not legal advice Being here does not establish an attorney/client relationship with Jordan Law All legal situations are different Let me know if you need an actual lawyer Sorry!
- 4. First Things First: What is copyright anyway? Simply put, it gives someone the right to copy, distribute, or alter an artistic work or allow others to do so. Photo Music Paintings Written Works Etc.
- 5. What We’ll Cover Your Content Other People’s Content The In-between The Unknown and the Other Stuff
- 6. Your Content
- 7. Copyright Basics Copyright starts at creation. The minute you create something it falls under the legal protection of copyright. ● The first brush stroke on the canvas ● The click of the camera’s shutter ● As soon as you press a key on the keyboard Literally as you create something, it falls under the legal protection of copyright.
- 8. Registering your work means extending your protection into the courtroom. Having a registered copyright means you can sue someone who steals your work. You can register your own works at copyright.gov or hire an attorney to help. Copyright Basics Copyright starts at creation. You should still register your work.
- 9. Copyright Basics Copyright starts at creation. You should still register your work. Copyright establishes other rights. If you’re the owner of the content’s copyright you may: ● Reproduce the work ● Adapt or arrange it ● Perform the work ● Display, distribute, and/or sell it ● Incorporate the work with other media ● License it for others to use
- 10. Copyright Basics Copyright starts at creation. You should still register your work. Copyright establishes other rights. Protection lasts a long time. 70 years after the death of an artist Thanks, Sonny Bono
- 11. Copyright Basics Copyright starts at creation. You should still register your work. Copyright establishes other rights. Protection lasts a long time. Publication isn’t necessary. You don’t have to publish or perform your work for the copyright to be valid. That said, if you don’t publish or perform your work in some way, then someone else may create something similar first, and you may lose your rights.
- 12. Copyright Basics Copyright starts at creation. You should still register your work. Copyright establishes other rights. Protection lasts a long time. Publication isn’t necessary. Infringement is illegal. Infringement - Adding a frill or ruffle to an existing garment Simply adding to someone else’s work does not make it new work and you cannot copyright it. Shepard Fairey’s “Hope” poster is an example of doing this wrong.
- 13. Copyright Basics Copyright starts at creation. You should still register your work. Copyright establishes other rights. Protection lasts a long time. Publication isn’t necessary. Infringement is illegal. There’s an exception to everything. The law is all about exceptions.
- 15. don’t use what isn’t yours ● Did you make it? ● Did you buy it? ● Was it given to you and you have proof? ● Is it in the public domain? ● Is it under a Creative Commons license?
- 16. If none of these apply It’s not yours, DON’T use it
- 18. Creative Commons Creative Commons licensing allows you to use the work of others under the definitions they assign.
- 19. Typical CC Licensing Types Attribution ShareAlike NonCommercial NoDerivatives Attribution: All CC licenses require that others who use your work in any way must give you credit the way you request, but not in a way that suggests you endorse them or their use. If they want to use your work without giving you credit or for endorsement purposes, they must get your permission first. (e.g. Photo Credit: mercutiom) ShareAlike: You let others copy, distribute, display, perform, and modify your work, as long as they distribute any modified work on the same terms. If they want to distribute modified works under other terms, they must get your permission first. NonCommercial: You let others copy, distribute, display, perform, and modify and use your work for any purpose other than commercially unless they get your permission first. NoDerivatives: You let others copy, distribute, display and perform only original copies of your work. If they want to modify your work, they must get your permission first.
- 20. Places to find CC Licensed Materials
- 21. Public Domain Works in the Public Domain are available for anyone to use in anyway at anytime for anything. Content only falls into the public domain when the copyright has expired or has become unenforceable or the artist places the work in the Public Domain. This happens after the death of the artist or dissolution of the entity that originally owned the work.
- 22. Work in the Public Domain ● The writings of Shakespeare (writings) ● The Wizard of Oz series (books) ● Alice in Wonderland (books) ● Beat the Devil (film) ● Debbie Does Dallas* (film) ● Night of the Living Dead (film) ● Getty Art Images** (artwork) ● NOAA Photo Library (pictures) ● Library of Congress Image Archive (photos) *The Dallas Cowboys Hold veto power on commercial release and publication due to the unauthorized use of their cheerleader trademarks **Not all Getty images are Public Domain, specifically their educational artwork photos have been placed in the PD.
- 23. The Unknown and the Other Stuff
- 24. Orphaned Works Orphan works are items that are still under copyright, but the owners of those rights are indeterminate on unreachable. Sometimes the original artist is unknown, sometimes the artist is known, but no one can find them, sometimes the owners inherited a work they’re unaware they hold the rights to. Use any orphaned works at your discretion and peril.
- 25. CTEA The Copyright Term Extension Act Also known as the Sonny Bono Act, or the Mickey Mouse Protection Act extended copyright protection, but protected works are finally moving into the Public Domain. New works are finally available as of this year for us to use and more will be moving into the PD every year going forward (unless Disney pays enough to change things again before the Mouse moves into the Public Domain on 1/1/24 .)
- 26. DMCA The Digital Millennium Copyright Act criminalizes production and dissemination of technology, devices, and services intended to circumvent measures that control access to copyrighted works, access controls, and heightens penalties of those who do so. You can’t copy a DVD, repair your tractor, or add your own insulin to your pump without breaking DMCA. There is a possibility of a Right to Repair laws going through, but it’s not a guarantee and won’t fix all the issues. Lawyers and courts are working on overturning some parts of this and have won some cases. (You’re now allowed to refill your printer’s ink again.)
- 27. Article 13 Copyright in the Digital Single Market was recently passed and will have a sweeping change to content rules in Europe. We don’t know exactly how that will affect us yet, but assume that YouTube, Facebook, Google, etc. will soon show something different here than is does in the EU and that basically the Internet is going to break. Listen to Cory Doctorow’s last few podcasts for better details.