The Writer & the Law: Talking Points


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I created this slide deck to give as a handout to attendees of the Southern Christian Writers Conference where I was asked to speak on the topic: "The Writer & the Law."

Video clips of the session are now available here:

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The Writer & the Law: Talking Points

  1. 1. The Writer & the LawSouthern Christian Writers ConferenceJune 8-9, 2012Sheree Martin, J.D., LL.M., Ph.D.Assistant Professor, Samford University
  2. 2. Connect With Sheree:Email:Blog: post the slide deck here, along with key points and links to resources.LinkedIn: @RealShereeGoogle+:
  3. 3. Topics Well Cover (Very Briefly!)Copyright Overview (Basics)ScrapingAssignment of Rights (Licensing)Works for HireDerivative WorksThe Creative CommonsPhotosRight of Publicity
  4. 4. Copyright Law & PlagiarismPlagiarism = Claiming authorship of someone elses work.Copyright Infringement = Using work without permission. • All plagiarism is also a copyright infringement. • Not all copyright infringement is plagiarism. • Copyright infringement usually occurs without plagiarism.
  5. 5. Copyright Overview: BasicsIdeasOriginal Creative WorksAuthorshipProtection exists when "fixed in a tangible medium"Term of ProtectionRegistrationCopyright NoticeFair Use
  6. 6. Copyright Basics, cont.Term of Protection:U.S. Constitution: A“reasonable” term • 14 years + 14 years • 28 years + • 50 years + • Disney’s efforts to extend…..Today:Individuals–70 years plus life of theauthor•Corporate author–Films, TV shows, forexample–95 years from publicationOR 125 years fromcreation, whichever shorter
  7. 7. Copyright &Fair UseFactors to be considered:•Purpose and character of the use•Nature of the copyrighted work•Amount and substantiality of the portion used in relation to the copyrighted work as a whole•Effect of use on potential market for or value of the copyrighted work
  8. 8. ScrapingScraped by: oil/healthy-baked-catfish-the-ben-franklin-follies.html
  9. 9. Assignment of Rights/LicensingAll Rights Tip:• Exclusive Make sure contract Worldwide Rights provides that allLimited Rights rights revert to• First North author if book goes out of print so American Serial• Electronic author can self- publish as e-book.• Exclusive• Non-Exclusive
  10. 10. Works for HireCopyright belongs to the owner, not the author.The author has no rights in these creations.EmployeesFreelancers
  11. 11. Derivative WorksExample: Harry Potter LexiconAs author, dont give up right to derivative works unless youre compensated appropriately. Real value is often in right to create derivative works.--Life Stories--Personal Anecdotes
  12. 12. The Creative Commons is CoolInfo: www.creativecommons.orgYou can pre-authorize others to use your work and establish the conditions for that use.You can locate CC licensed works that you can use in your own work, subject to the defined conditions.
  13. 13. Using PhotosCopyright IssuesCreative Commons License Available?Other LicensesPublic Domain--Library of Congress
  14. 14. Rights of PublicityBasic Premise:• Everyone has a right to control the commercial use of their name or likeness• Problem Areas: Advertising, Promotions, Perceived EndorsementsFirst Amendment Protections:• Newsworthiness• Transformative
  15. 15. Resources (More + Links on Blog)U.S. Copyright Office:• Download many booklets and brochures in PDFPreventing Scraping in WordPress:• guide-to-preventing-blog-content-scraping-in-wordpress/