Origins of Copyright
• British Statute of Anne
• Copyright Clause of US Const.
• Art 1 S8
• “to promote the progress of science
and the useful arts ... securing for
limited times to authors and
inventors... the exclusive right to their
• Statute of Anne - 1709
• Scribes and scriveners displaced by printing presses
• Rapid copying
• “causing to be printed, reprinted ... books and
writings, to their very detriment, and too often to
the ruin of the them and their families, for
preventing therefore such practices, and for the
encouragement of learned men to compose and
write useful books
See any similarities?
• Cassette (mix tapes)
• By original term:
• CTEA: Life +70 or 120yrs if corp.
• Berne Conv. - Life +50
• Prima Facie evidence of validity (if ﬁle w/i
5yrs of creation)
• The BIG ONE: Statutory (vs. actual)
damages (if ﬁled w/i 3 mos)
• Stat. Dmgs. Title 17 S504
• $750 to $30K per work, or $150K if
willful. “innocent infringer” - $200/work
• Is a defense - burden on D to show
• Title 17 S107
• “criticism, comment, news reporting,
teaching, scholarship, research”
• court cases determine the scope
• a license to use a work overrides the
• similar to a contract specifying how a work
can be used
• not limited to a “stock” license - authors
are free to craft their own licenses
Sources of Licenses
• Commercial Licenses
• “Stock Licenses”
• Free Software Foundation
• Creative Commons
Choosing a License
• What do you want to protect?
• Each has speciﬁcs you need to consider.
Also, copyright doesn’t protect function.
Need patent for that.
• Attempt at simpliﬁcation.
• Other alternatives: GNU Free
Documentation License, Apple Commond
Documentation License, FreeBSD Doc.
• Six primary licenses
• Assembled from common attributes and
rights that copyright attempts to regulate
• What would you want to protect?
• Does the Copyright Statute cover all the
scenarios you want to protect?
• What if you actually want to promote, not
restrict use of the works?
• Attribution “BY”
• let others copy, distribute, display, and perform your copyrighted work — and
derivative works based upon it — but only if they give credit the way you request.
• Share Alike “SA”
• allow others to distribute derivative works only under a license identical to the
license that governs your work
• Noncommercial “NC”
• let others copy, distribute, display, and perform your work — and derivative works based upon
it — but for noncommercial purposes only.
• No Derivative Works “ND”
• let others copy, distribute, display, and perform only verbatim copies of your work,
not derivative works based upon it.
The actual CC licenses
• Attribution Share Alike
• Attribution No Derivatives
• Attribution Non Commercial
• Attribution Non Commercial Share Alike
• Attr Non Commercial No Derivatives
What do you get?
• Lots and lots of legalese behind the licenses
• Helps deﬁne and protect the rights we
• As bloggers and individuals become
authors, we see a democratization of
• Authors are both consumers and
• Contract Law vs. Copyright Law
• Covenants vs. Conditions
• “copyright owner who grants a
nonexclusive license waives right to sue
licensee for infringement and can only sue
on breach of contract”