Copyright, part 1

(press spacebar to continue)

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

 Make

derivative

works

Exceptions to copyright (besides Public Domain)

 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…

Fair Use Guidelines

 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

Factors considered in court

 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

Fair Use links

 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

 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

What is protected by copyright

 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 in tangible form

 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!

When is copyright assigned?

 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.

What’s NOT copyrighted?

 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

The Copyright Police!

 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.

Copyright Police?

 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.

More about Licenses

 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?

More Licenses….

 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

A Continuing Saga

 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!

Enough for now…

 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.org