pubblication about copyright law

1. Introduction to
Copyright
Disclaimer: The information in this presentation is not legal advice, nor is
Copyright Services legal counsel to the university or any members of the
university community.
Keeping the Beat: Copyright Law in Music
2018 Miami University Libraries Copyright Conference
Maria Scheid, Copyright Services Coordinator
Copyright Services, The Ohio State University

2. 2
This is copyright information
not legal advice.

3. Introduction to Copyright
1. Purpose of copyright
2. Copyright requirements
3. Copyright ownership
4. The rights of authors
5. Exceptions and limitations

4. 1. Why do we have
copyright?

5. 5
Purpose of copyright
“The Congress shall have the power … to promote the Progress
of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective
Writings and Discoveries.”
– U.S. Constitution. Article 1, Section 8, Clause 8

6. 2. Copyight
requirements

7. 7
Basic Requirements
Original works of authorship fixed in a
tangible medium of expression.
Automatically.

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What’s types of works may be
protected?
Books, maps,
and charts
1790
1802
Historical or
other prints
1831
Musical
compositions
1856
Dramatic
compositions
1865
Photographs
and negatives
1870
Consolidated all subject
matter, included
paintings, drawings,
chromolithographs,
statue, statuaries, and
models and designs
intended to be perfected
as works of fine art.
1909
All the writings of an author. Non-
exhaustive list added previous subject
matter plus periodicals, lectures,
drawings or plastic works of a scientific
or technical character, and pictorial
illustrations.
1912
Motion-
pictures
1972
Sound
recordings
1976
Works of Authorship,
including: literary works;
musical works; dramatic
works; pantomimes and
choreographic works;
pictorial, graphic, and
sculptural works; motions
pictures and other
audiovisual works; and
sound recordings
1990
Architectural
works

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What types of works can be
protected?
“Raindrops on roses, whiskers on kittens” by murkredi (CC BY-NC-SA 2.0)
• literary works
• musical works, including any
accompanying words
• dramatic works, including any
accompanying music
• pantomimes and choreography
• pictorial, graphic and sculptural
works
• motion pictures and other
audiovisual works
• sound recordings
• architectural works

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What’s not protected?
• Ideas, procedures, methods, systems, processes
• Titles, names, short phrases, slogans
• Facts
• Works in the public domain
o Works created by U.S. government employees
as part of the job duties
o Works in which term of copyright has expired
o Failure to meet formalities

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Notice & Registration
© 2018 The Ohio State University
℗ 2018 The Ohio State University
• Now optional
• Benefits:
o Notice lets others know work is protected by
copyright and identifies copyright owner and date
of publication.
o Registration necessary before filing infringement
suit, certain remedies.

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Copyright Duration under
Current Federal Law
• Works created on or after 1/1/1978
o Life of author + 70 years
o For joint authorship: life of last surviving author + 70
years
o For corporate works: shorter of 95 years from
publication or 120 years from creation
• Works published 1923 through 1977: 95 years but various
formalities
• Works first registered or published in the U.S. prior to
1923: currently public domain in the U.S.

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When does a work enter the
public domain?
http://librarycopyright.net/resources/genie http://copyright.cornell.edu/resources/
publicdomain.cfm

14. 3. Copyight
ownership

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Who is a copyright owner?
• Generally, the author of the work is the copyright owner.
o Important exception: Works made for hire
• Copyright can be held jointly.
• Copyright can be transferred.
• Ownership can be impacted by institutional policy.
• Ownership of copyright is distinct from ownership of the
material object in which the work is embodied.

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Transferring copyright
• Exclusive rights can be transferred in part or in
whole.
• A transfer of copyright does not include a non-
exclusive license.
• Typical to see transfer of composition to
publishers, transfer of sound recording to record
label, but not always.

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Works Made for Hire
• May arise when a work is prepared by an
employee within the scope of employment, or a
work is specially commissioned with both
parties agreeing in writing that the work is a
work made for hire.
• Employer/party commissioning work is
considered the author.

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Works Made for Hire
• Specially ordered or commissioned works must fall into
one of the following categories:
o A compilation
o A contribution to a collective work
o A part of a motion picture or other audiovisual work
o A translation
o A supplementary work
o An instructional text
o A test
o Answer material for a test
o Atlas

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Joint Authors
• Joint work: a work prepared by two or more
authors with the intention that their contributions
be merged into inseparable or interdependent
parts of a unitary whole.
• Authors can license work non-exclusively
without consent from co-authors (with shared
accounting).

20. 4. The rights of
authors

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The Author’s Bundle of
Rights
Exclusive rights outlined in Section 106 of the
U.S. Copyright Law:
(1) Right to reproduce the work
(2) Right to prepare derivative works
(3) Right to distribute copies
(4) Right to perform publicly
(5) Right to display publicly
(6) Right to perform publicly sound recordings
via digital audio transmission

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“Publicly”
(1) At a place open to the public or any place where a
substantial number of persons outside a normal circle of
family or social acquaintances is gathered; or
(2) To transmit or otherwise communicate a performance or
display of the work to a place specified by clause (1) or to the
public, by means of any device or process, whether the
members of the public capable of receiving the performance
or display receive it in the same place or in separate places
and at the same time or at different times.

23. 5. Limitations &
exceptions

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Why do we have exceptions?
• “…to promote the Progress
of Science and useful Arts”
• Public interest in access to
information
• To accomplish socially
beneficial goals
Balance by Juan Pablo Bravo (Noun
Project), is licensed CC BY 3.0

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Copyright Exceptions
• Fair Use (§ 107)
• Reproductions by libraries
and archives (§ 108)
• First Sale Doctrine (§ 109)
• Exemption of certain
performances and displays
(§ 110)
Narrow Street by Juan Salmoral is licensed
under CC BY-NC-ND 2.0

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Summary
• Copyright requires originality and fixation.
• Copyright protects creative expression, not ideas
or facts.
• The original author may not be the copyright
owner.
• Copyright gives to authors exclusive rights in
their work.
• Statutory exceptions limit exclusive rights.