Transcript Copyright basics

Linda Sharp
Marsha Stevenson
WHAT IS COPYRIGHT?
• Copyright is a form of protection grounded in the U.S. Constitution; Article 1, Section 8 empowers
Congress 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”.
• Copyright protection is provided for by law (title 17, US Code). It applies to original works of
authorship fixed in a tangible medium of expression. Both published and unpublished works are
protected.
• Copyright law was originally intended to provide a short term “monopoly” for authors for the
purpose of encouraging creativity (14 years plus 14 years renewable).
• Our current copyright law confers upon copyright holders certain exclusive rights.
Literary works
Musical works with accompanying words
Dramatic works with accompanying music
Pictorial, graphical, and sculptural works
Motion pictures and other audiovisual works
Choreographic works
Sound and digital recordings
Architectural works
Software
A writer
A musician or artist
A photographer
A student or professor
A company or organization
An unknown entity
But who controls the rights????
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To prepare derivative works based
upon the work; Only the owner of
copyright in a work has the right to
prepare, or to authorize someone else
to create, a new version of that work.
To reproduce the work
To distribute copies of the work to the
public
To perform the work publicly
To display the copyrighted work
publicly
to perform the work publicly by means
of a digital audio transmission
Copyright Act of 1790 - established U.S.
copyright with term of 14 years with 14year renewal
Copyright Act of 1831 - extended the term to
28 years with 14-year renewal
Copyright Act of 1909 - extended term to 28
years with 28-year renewal
Copyright Act of 1976 - extended term to
either 75 years or life of author plus 50
years
Copyright Renewal Act of 1992 - removed
the requirement for renewal
Copyright Term Extension Act of 1998 extended terms to 95/120 years or life
plus 70 years
Digital Millennium Copyright Act of 1998 criminalized some cases of copyright
infringement
source: http://techliberation.com/2009/08/06/copyright-duration-and-the-mickey-mouse-curve/
Works you create yourself
Work not protected by federal law
Works in the Public Domain
Works governed by Creative Commons License
Works which would be considered Fair Use
FAIR USE
WO R KS I N FAVO R
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Teaching
Research
Scholarship
Nonprofit educational
institution
Criticism
Comment
News reporting
Transformative use
Restricted access
Parody
WORKS AGAINST
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Commercial activity
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Profiting from use
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Entertainment
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Bad faith behavior
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Denying credit to original
author
Copyright law as it pertains to music is both simple and complex. It is simple because
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the eligibility standard for copyright protection is the same for music as for other
creative works, i.e., "…original works of authorship fixed in any tangible medium of
expression."
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a songwriter/composer receives the same bundle of exclusive rights as creators of
other original works, which is the right to reproduce, distribute, create derivative
works, perform publicly, and display their work publicly.
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duration of copyright protection for original musical compositions is also standard.
It is complex because
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Multiple copyrights
“I Will Always Love You”
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Multiple formats and uses
Sheet music, CD, mp3; Soundtrack, Live Public Performance, Digital Audio Transmission
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Different permissions and licensing for different formats and uses
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Stakes are high; money is big
THE “YOU THOUGHT I WAS EXAGGERATING” SLIDE
http://www.surveymonkey.com/s/copyright_branding
Digital Millennium Copyright Act
(1998) brought copyright into
the digital age
“DRM” – Digital Rights
Management
makes it illegal to circumvent
DVD encryption
Media industry is aggressive in
asserting rights and prosecuting
violators
Easy, but illegal, to reformat works
still in copyright
Legally considered “obsolete” only
when playback equipment “is
no longer manufactured or …
reasonably available in the
marketplace”
• LP to CD/MP3 converters
• VHS – an “obsolete” format?
Possible to do many things in
educational setting that are
prohibited elsewhere
TEACH Act (2002)
• Allows media use “as an
integral part of a class
session”
• Must be limited to students
enrolled in the class
• Requires use of technology to
prevent copying
“Education exemption” allows
screenings in classrooms
“Public Performance Rights”
• Viewing rights must be
purchased to legally show a
film “outside of a normal
circle of family and its social
acquaintance”
“No additional license is required to
privately view a movie or other
copyrighted work with a few
friends and family ... However,
bars, restaurants, private clubs,
prisons, lodges, factories, summer
camps, public libraries, daycare
facilities, parks and recreation
departments, churches and nonclassroom use at schools and
universities are all examples of
situations where a public
performance license must be
obtained.”
Church wanted to show 2007
Colts-Bears Super Bowl game
to youth group
Planned to charge admission to
cover food and show the game
on a big screen ( >55” )
NFL threatened legal action
Sparked Senate bill in 2008
NFL compromised, for church
groups not charging admission
Assume that all on the web are in
copyright unless there is an
explicit statement to the
contrary (“Terms of Use”)
Scanning and posting online is
“reproduction” and
“distribution”
Each work has its own copyright
Two possible holders:
• The artist/designer
• The photographer
CNN PHOTOGRAPH, COMMENCEMENT 2009
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When the copyright holder
can’t be identified
When the copyright holder
can’t be found
Still not legal to use freely
If choosing to use, document
(and retain) diligent efforts
to locate/contact
Photographers generally hold
copyright
Privacy Rights
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State laws vary
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If individuals are identifiable,
should get their permission
Publicity rights
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Commercial value of celebrity’s
name/image/voice
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Need their consent to use
commercially
CC licenses have four major
concepts:
• Attribution (giving credit)
• Derivatives (whether
modifications are allowed)
• Commercial or
noncommercial
• Share alike (if re-using,
retain the same license)
• May have expired
• May never have been
in copyright (e.g.,
government
employees’ works)
• Copyright holder may
have made a work
publicly available
US GOVERNMENT EMPLOYEE
Dorothea Lange,
photographer
“Migrant Mother”
1936
“Derivative” closely based
on an existing creative
work
“Transformative” based on
an existing work, but
modifying it significantly
Judgment call about when
work is an “infringing
derivative”
FAIR USE? INFRINGING DERIVATIVE?
MANNY GARCIA, AP
S H E PA R D FA I R E Y
Employers are considered
copyright owners of works
created by their employees
within the scope of their
employment
Independent contractors’ status
is less clear
Should be a written contract
specifying who owns
copyright
“The University will ordinarily waive its
rights to intellectual property
created by student creators …”
“The University owns all rights to all
copyrightable materials … that are
works made for hire …”
“… the University does not normally
claim ownership of works such as
textbooks, articles, papers,
scholarly monographs, or artistic
works.”
“Ted Drake, an artist and illustrator
who created Notre Dame’s
trademark leprechaun logo, died
here on Thursday …”
“Mr. Drake’s best-known creations
were Notre Dame’s bearded
leprechaun and the symbol of the
Chicago Bulls …”
“[H]e worked as a designer at Wilson
Sporting Goods in Chicago. That
was where he created the logo for
the University of Notre Dame in
1964.”
NOTRE DAME LEPRECHAUN
“Mr. Drake earned a mere
$50 for the logo, which
was later copyrighted
by the university.”
Drake obituary, New York
Times, May 30, 2000