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Navigating the Maze of Copyright in the Murky Digital Age

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Technology and the Internet have blurred the lines of legal available resources. It’s now very easy to access digital files and photos online. Downloading, copying and file sharing are everyday activities. Everyone has questions these days.
- Is it okay to link to a YouTube video and show it to an audience of clients? Are you compliant or criminal?
- Where can you find relevant, eye-catching material on the Internet for promoting, advertising, and marketing without being nabbed by the Copyright Cops?
Presenter Lyn Belisle is a faculty member of the Computer Science Department at Trinity University,. She helps individuals navigate the confusing maze of intellectual property, copyright, and Fair Use. In her course at Trinity, she emphasizes legal use of online research processes to her students and colleagues who audit her course in Essential Information Technology. She has just completed The CIT Consortium: Social Legal and Ethical Issues for McGraw Hill Publishing Company and is currently working with noted IT textbook author Tim O’Leary on developing ethics questions for Spring 2013 college textbooks from McGraw Hill.

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Navigating the Maze of Copyright in the Murky Digital Age

  1. 1. “But I’m giving them free publicity!”Navigating the Maze of Copyright in the Murky Digital Age Lyn Belisle Trinity University
  2. 2. Is the SCHIZZLE!!WHY? Because it’s . . . . ..
  3. 3. ….as beloved as Mickey!!!
  4. 4. . . .as convenient as McDonald’s
  5. 5. …and as strong as Altoid’s Breath Mints!!
  6. 6. Endorsed by All the Best People!!
  7. 7. ROCK of AGES . . . .from the cradle to the grave!!
  8. 8. OOPS . . .I think I might be in trouble . . .
  9. 9. In five short slides, I managed to steal the intellectual property rights of• The Disney Corporation• Eric Clapton• The Wrigley Corporation• Ace Team Software• McDonalds• PRSA• And SACU – gulp.
  10. 10. A small part of McDonald’s fine print . .• RESTRICTIONS ON USE• Material from www.mcdonalds.com and any other World Wide Web site owned, operated, licensed, or controlled by McDonalds Corporation or any of its related, affiliated, or subsidiary companies (together, "McDonalds") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of McDonalds EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates McDonalds intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by McDonalds. Neither title nor intellectual property rights are transferred to you, but remain with McDonalds, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
  11. 11. Digital Dilemmas• What’s different now??? Why are things so complicated??• Digital vs analog – CDs vs tape• Undetectable scans – Photoshop alterations• Social networking sites – You Tube, Facebook• Does posting imply implicit permission to quote or rework?
  12. 12. Copyright Conundrum• Fixed and Tangible• Intellectual Property• Copyright Infringement• Fair Use• Public Domain• Creative Commons
  13. 13. Fixed and Tangible• Quick – think of a slogan for an organic goat’s milk ice cream• Tell us – what’s yours?• Is it copyrighted since we all heard it?• Grab a paper napkin and write it down.• Is it copyrighted now?• It is since March 1, 1989
  14. 14. Intellectual Property• Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.• Patents: Industrial property, which includes inventions (patents), trademarks, and industrial designs• Copyright: which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. (lyrics vs performance)
  15. 15. Copyright Infringement• Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.• Derivative? “Fanfic”
  16. 16. Fair Use: What about my Mickey Mouse PR presentation?• Fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. – Purpose and character – Nature of the copied work – Amount and substantiality – Effect upon works value
  17. 17. Public Domain• The public domain is not a place. A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.• What happened when Mickey was about to go into public domain??• Thank you, Sonny Bono – not!!!!
  18. 18. But what if you *want* to share your goat milk ice cream slogan? But. . . you want to control how it’s used? Or what if you want to find new works that you can use without asking the creator’s permission every time?
  19. 19. Enter Creative commons http://youtu.be/uTjpghGjjfo
  20. 20. How can you use it? http://creativecommons.org/
  21. 21. What are some other resources?• Photos: Stock Exchange, Dreamstime (free images area)• Music: Creative Commons• Videos: – You Tube (share) – Vimeo (copy embed code)• Clip Art – Open Clip Art Library• More, more, more: Free Media for Creative Use (James Madison University Library)
  22. 22. In the beginning . . .SACU cares . . . And in the end . . .
  23. 23. Quiz:• True or False: Each state has its own copyright laws.• Which of the following is/are defense(s) to copyright Infringement? – Fair Use – "I didnt know the work was copyrighted." – "Im giving the copyright owner free publicity.”• For a work to be protectible under copyright, it must: – Be original. – Be Fixed in a Tangible Form of Expression. – Be of professional quality. – Include a Copyright Notice.
  24. 24. Only one thing isimpossible for God: Tofind any sense in anycopyright law on theplanet. ~Mark Twain
  25. 25. All resources can be found on my Trinity website at your PR page: http://www.cs.trinity.edu/~jbelisle/cs1300/PRCopyright.htm Thank you!! Keep up the good work – legally! Email me! Lyn.belisle@trinity.eduContent used from The Disney Corporation, Eric Clapton, The Wrigley Corporation, Ace Team Software, McDonalds, PRSA andSACU are protected by the Fair Use doctrine that permits limited use of copyrighted material without acquiring permissionfrom the rights holders.

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