Transcript Copyright, part 1
Copyright, part 1
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Yes, there will be a test over this!
What is Copyright?
It’s a
form of protection
authorship.” given to authors or creators of “original works of This could be literature, drama, music, art, poetry or other intellectual works The copyright holder has rights over anyone else to do certain things with their works…
The rights to control who can:
Make
and/or
distribute copies
work(s) of the
Perform
the work(s)
in public
film, dances, music> Display the work(s) in public derivative works Though it’s illegal to use someone else’s copyrighted material without their permission , there are some exceptions The doctrine of Fair Use! However , only under certain circumstances… The U.S. Copyright Act states that protected materials can be used without permission for purposes such as Criticism, Comment Parody News Reporting Teaching Research When a fair use case goes to court, the judge or jury has to consider The “ Purpose ” of the use – Commercial or Non-Profit? The amount and proportion work in question used of the The effect of the use on the value the work in question of Most of our information for this lesson on copyright comes from a website, www.copyrightkids.org They share specific examples of court cases involving fair use at http://www.copyrightkids.org/definitions.h tml#fairuse Permission to use a copyrighted work is expressed in a License Copyright holder can issue a License for other individuals or companies to exercise one or more of the holder’s exclusive rights Example: If I wanted to record my own version of a popular song for my next CD, I’d need a license from the owner Literary works, including software Music and lyrics Dramatic works and accompanying music Choreography Sculptures, pictures, graphics Motion Pictures and other audiovisuals Sound recordings Architectural works Fixed forms include… Paper, Vinyl records, Magnetic Tape, Film CD, DVD, and other digital formats that can be displayed or heard on a device or with the aid of a machine. In other words, it can’t just be stored inside the author’s brain! As soon as the work is fixed in a tangible form No need to register with the copyright office, though it is a good idea to do so If I write a song, sing it in public, but never write it down on paper or record it to tape or CD…I don’t yet own the copyrights to it. Ideas, procedures, systems, methods, discoveries, devices (but written or recorded descriptions or illustrations of such things can be copyrighted) Titles, names, short phrases, slogans (but some of these can be Trademarked) Works not in a tangible fixed form Works consisting entirely of commonly available information Works by the U.S. Government There’s no such thing. If you are a copyright holder and you feel your work has been infringed upon, it is up to YOU to initiate litigation. There are, however, agencies who look for infringers. BMI, ASCAP, SESAC are collection agents for songwriters. They collect money from radio and tv stations as well as private businesses. Regarding software, there is the Business Software Alliance. They are authorized to come to a business to confirm reported software piracy. They encourage disgruntled employees to turn in infringing employers. Synchronization License – allows for a musical composition to be used in a visual work. THIS DOES NOT COVER A SPECIFIC RECORDING OF A SONG Master Use License - allows for a specific sound recording to be used in a visual work. Usually not granted unless sync license is already obtained. Examples of this in action? Performing right (performance rights) – this license allows the work to be performed in public, or over radio/TV. “Public” also means bars, restaurants and even the internet Mechanical license – needed for including my cover version of someone else’s original song on my CD or DVD which I intend distribute in large numbers Copyright exists, and so now you are aware. Can you infringe upon someone’s copyright and get away with it? Certainly. But some people get caught and pay a heavy price. Since each case is judged on its own merit, your results may vary! But here are some more handy links for you to look at: http://www.copyrightkids.org/defframes.h tm http://www.ascap.com/licensing/licensing faq.html http://www.bsa.orgExceptions to copyright (besides Public Domain)
Fair Use Guidelines
Factors considered in court
Fair Use links
Permission
What is protected by copyright
FIXED in tangible form
When is copyright assigned?
What’s NOT copyrighted?
The Copyright Police!
Copyright Police?
More about Licenses
More Licenses….
A Continuing Saga
Enough for now…