Copyright BasicsCopyright Basics

AgendaAgenda

What is Copyright?What is Copyright? What Can Be Copyrighted?What Can Be Copyrighted? How Long Does Copyright Last?How Long Does Copyright Last? What is in the Public Domain?What is in the Public Domain? What is Fair Use?What is Fair Use? Alternatives to CopyrightAlternatives to Copyright Copyright in the News (MP3s, Copyright in the News (MP3s,

Copyright Extension)Copyright Extension)

What is Copyright?What is Copyright?

Copyright allows Copyright allows authors, musicians, authors, musicians, artists, etc. to artists, etc. to make money off of make money off of their labor. It their labor. It prevents others prevents others from taking there from taking there work for free. It work for free. It also prevents also prevents people from people from altering the work altering the work without permission.without permission.

If There is No Copyright…If There is No Copyright…

The main motive for creative endeavors The main motive for creative endeavors (money) disappears. If authors can’t make a (money) disappears. If authors can’t make a living writing, most will not write. If a record living writing, most will not write. If a record company can’t profit from a band, they will company can’t profit from a band, they will sign fewer bands and cut loose the money sign fewer bands and cut loose the money losers. losers.

If copyright exists but can’t be enforced, the If copyright exists but can’t be enforced, the above still happens eventually. The end above still happens eventually. The end result is less creative content and hard to result is less creative content and hard to pirate distribution methods become preferred pirate distribution methods become preferred like print and closed databases.like print and closed databases.

What Can Be Protected?What Can Be Protected?

Literary WorksLiterary Works Musical WorksMusical Works Dramatic WorksDramatic Works Choreographic WorkChoreographic Work Pictorial, Graphic, and Sculptural Pictorial, Graphic, and Sculptural

WorksWorks Motion Pictures and AVMotion Pictures and AV Sound RecordingsSound Recordings Architectural WorksArchitectural Works

What Does Copyright Give What Does Copyright Give Rights Holders?Rights Holders?

Right to reproduce the Right to reproduce the work.work.

Right to prepare Right to prepare derivative works.derivative works.

Right to distribute Right to distribute copies for sale.copies for sale.

Right to perform AV Right to perform AV works publicly.works publicly.

Right to display Right to display musical and artistic musical and artistic works publicly.works publicly.

How Long Does Copyright Last?How Long Does Copyright Last?

A copyright last for life plus 70 years A copyright last for life plus 70 years for individuals for anything on or after for individuals for anything on or after 1978.1978.

A copyright lasts for 95 years for A copyright lasts for 95 years for corporate authors after publication for corporate authors after publication for anything on or after 1978. (It is 120 anything on or after 1978. (It is 120 years after creation if not published.)years after creation if not published.)

Works published before 1978 and Works published before 1978 and after 1923 are protected for 95 years.after 1923 are protected for 95 years.

Copyright is AutomaticCopyright is Automatic

There is no need to There is no need to include a copyright include a copyright notice. (©, 2003). notice. (©, 2003). However, it is a good However, it is a good idea to do so due to idea to do so due to ignorance.ignorance.

The copyright is in The copyright is in force when the work is force when the work is “fixed” which includes “fixed” which includes saving to disk or saving to disk or writing it on paper.writing it on paper.

Public DomainPublic Domain

Anything in the public domain is Anything in the public domain is useable by anyone in any way that they useable by anyone in any way that they want. No one owns it.want. No one owns it.

Everything published before 1923 is in Everything published before 1923 is in the public domain.the public domain.

US federal works are in the public US federal works are in the public domain.domain.

Authors can choose to put work in the Authors can choose to put work in the public domain by including a notice public domain by including a notice that the item is in the public domain.that the item is in the public domain.

Public Domain ExamplesPublic Domain Examples

Project Gutenberg (many sites including Project Gutenberg (many sites including http://promo.net/pg/) places classics in the ) places classics in the public domain online which are scanned by public domain online which are scanned by volunteers.volunteers.

The US Federal Government search engine The US Federal Government search engine FirstGov (FirstGov (http://www.firstgov.gov/) indexes ) indexes public domain government info.public domain government info.

Most works published prior to 1923 are not Most works published prior to 1923 are not online and are unlikely to be put online in online and are unlikely to be put online in the future do to the costs of scanning and the future do to the costs of scanning and hosting and the difficulty of profiting from hosting and the difficulty of profiting from this work.this work.

What is Fair Use?What is Fair Use? Use of material for Use of material for

criticism, comment, criticism, comment, news reporting, news reporting, teaching, scholarship, teaching, scholarship, and research.and research.

Limitations apply. This Limitations apply. This includes consideration includes consideration of the purpose, nature, of the purpose, nature, amount and amount and substantiality, and the substantiality, and the effect of the use on effect of the use on potential value of work.potential value of work.

More Fair UseMore Fair Use

You can use excerpts from a book to write You can use excerpts from a book to write a review of it. However, you can’t a review of it. However, you can’t reproduce whole chapters of the book for reproduce whole chapters of the book for reviewing purposes without permission.reviewing purposes without permission.

A class dealing with film studies can screen A class dealing with film studies can screen a movie without payment for study a movie without payment for study purposes. However, no admission can be purposes. However, no admission can be charged and only students in the class can charged and only students in the class can attend the screening.attend the screening.

Difficult area that can get people in trouble. Difficult area that can get people in trouble. Consult an attorney if you are in doubt… Consult an attorney if you are in doubt…

Copyright in the NewsCopyright in the News Many object to recent Many object to recent

extensions of copyright extensions of copyright terms. Recent terms. Recent legislation extended legislation extended copyright terms copyright terms keeping pre-1923 as keeping pre-1923 as the beginning of the the beginning of the public domain. Disney public domain. Disney and other corporations and other corporations lobbied for this but it lobbied for this but it also erodes the concept also erodes the concept of public domain as of public domain as content is staying content is staying protected longer.protected longer.

MP3 FilesMP3 Files

And of course, the widespread piracy of And of course, the widespread piracy of music and movies has resulted in a music and movies has resulted in a crackdown by the respective industries. crackdown by the respective industries.

The whole MP3 issue (and the bad The whole MP3 issue (and the bad attitudes which consumers have attitudes which consumers have towards copyright) has convinced many towards copyright) has convinced many publishers to distribute content in copy publishers to distribute content in copy protected or non-computerized forms. protected or non-computerized forms. Print is not dying…it is making a Print is not dying…it is making a comeback.comeback.