Transcript An Introduction to Internet Piracy

Crime and Punishment:
Piracy and the Law
Adapted from Internet Piracy
Exposed
Chapter 2
by Guy Hart-Davis
What is Legal and What is Not?
• The super summary
• You can create digital files from content in
some media for your personal use
• If you hold the rights to content, or have
been legally granted the right to distribute
that content, you can distribute digital files
containing it
What is Legal and Not (2/3)
• Unless you hold the rights to content, or you
have been legally granted the right to
distribute that content, you cannot legally
distribute digital files containing it
• If you have legal copies of digital files of
content whose copyright is held by other
people, you can burn CDs or DVDs
containing them for backup or for your own
personal use
What is Legal and Not(3/3)
• Unless you hold the copyright or the
copyright holder has explicitly granted you
permission to distribute it, you cannot sell
digital files of any copyrighted material
• If you have bought a legal copy of
copyrighted material in a digital file, you
can sell it to someone else in much the same
way as you would a physical object
– After the sale, you must not retain a copy of the
file, so that you have transferred the digital file
to the other person and not kept a copy yourself
Some Examples of What and
What not is Legal
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Internet Stuff pg. 29
Audio Pg. 30
Vido pg 31
Graphics pg 32
Text pg 33
Software pg 34
Section on Terminology and Law
• This section of the talk will introduce
• Intellectual Property
• Copyright
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Duration of Copyright
The Copyright Notice
Registering the Copyright
The Five Exclusive Rights
• Fair Use
• Personal Use
• First Sale Doctrine
Intellectual Property
• Deals mostly with nonphysical objects
• A poem, a song, or a novel doesn’t have a fixed
physical format and can easily be copied and
distributed
• IP says that such art has a value and that the
creator has the sole right to make and distribute
copies for it, so that the crator can gain from
creating the work in the first place
• IP law covers several different areas, including
copyright law, patent law, trademark law, and
trade secret law
Copyright
• As defined in the Copyright Act of 1976,
copyright extends legal protections to the
copyright holder of fixed forms of original
expresssion in many forms including literary,
dramatic, and musical works; sound recordings;
audiovisual works (such as movies); performance
expression (such as pantomimes and
choreography); architectural works (such as
buildings); and graphic, pictorial, and sculptural
works.
• These types of works are referred to as “works of
authorship”
Copyright (2)
• Read list of items that are not copyrightable, pg. 35
– Ideas – though the expression of an idea is
– Facts
– Works that consist entirely of common information and that do not
contain any original authorship
– Links and URLs, because they are like facts
– Names and titles – though you can trademark distinctive names
and titles if you get to them before anybody else does
– Systems and procedures – though the expression of a system or
procedure may be
Three key points for a copyrighted
item, pg. 36
• The work needs to be original
• The work needs to be fixed in a tangible format
• You don’t even have to include a copyright notice on
your work though it’s a good idea to do so. The
copyright symbol is just a formality identifying the
copyright holder, it’s certainly a good idea to include a
copyright notice.
Duration of Copyright
• The Sonny Bono Copyright Term Extension Act
was signed into law on Oct 27, 1998
• the old copyright rules: before 1978, copyright
used to last for a first term of 28 years from date
work was published or work was registered in an
unpublished form
• Copyright holder could renwew copyright during
28th year of 1st term, thus providing a 2nd term of
28 ytrs
• If copyright holder failed to renew copyright
Duration (2)
• New Sonny bono laws
• If work created before 1978 and was still under
copyright in Oct 1998, the copyright term is 95 yrs
from the date that copyright was initially
registered
Sonny Bono Rules
• If work was created after 1/11978, copyright term
lasts for life of author (or last surviving author)
plus 70 yrs
– If work was anonymous, copyright term is the shorter
of 120 yrs from creation yr or 95 yrs from year of 1st
publication
• If work created prior to 1978 but not published or
registered by then, copyright term lasts for life of
author plus 70 years and at least till the end of
2002
• If work is published before end of 2002, the
copyright term lasts at least until the end of 2047
The Copyright Notice
• Copyright © 2002 John Doe. All rights reserved
• This example is partially redundant.
– You can use either the word “Copyright” or the ©
copyright symbol
• The copyright stmt must include the year of
publication.You may include the full date on the work in
case your copyright is challenged by someone else
claiming to have created the work before you.
• In Bolivia and Honduras, you need to include the
resergation-of-rights phrase (All rights reserved) in the
copyright notice.
• If you don’t care about those two countries, you can skip
the phrase.
The Five Exclusive Rights
• There are five exclusive rights to a copyrighted work
• Reproduction Right: You may duplicate, copy, imitate, or
transcribe the work
• Distribution Right: You may distribute copies of the work
to the public (selling, renting, leasing, or lending them)
– May use a 3rd party to distribute them
• Modification Right (Derivative Works Right : You may
create new works derived from (basedon ) the copyrighted
work
• Public Performance Right: You may perform the work in
public or transmit the work to the public
• Public Display Right: You may transmit the work to the
public
Fair Use
• You need to know about fair use mostly if you sample or
pardoy works, if you criticize works, or if your’re involved
in education
• Fair Use is a provision in the Copyright Act that allows
you to use a portion of a copyrighted work “for purposes
such as criticism, comment, news reporting, teaching
(including multiple copies of rclassroom use), scholarship,
or research” w/o infringing copyright
• Four factors taken into account when determining what
does or does not constitute fair use: p 41
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Fair Use: Four Factors Taken into Account when
Determining what Does or Does not Constitute Fair
Use
• The purpose and character of the use: commercial,
educational, reporting, scientific, and so on.
• The type of the copyrighted work. Some works are
deemed more worthy of copyright protection than others.
Original creative works (songs, movies, novels) are more
tightly protected than factual works (newspaper articles,
histories)
• The amount of the copyrighted work used in relation to the
whole work
• The amount of copyrighted work used shouldn’t be more than is
necessary for the purpose of copying
• The effect that the use will have on the value of the
copyrighted work or its potential market.