Copyright on the Internet – Illustrated Essentials Why Copyright Matters Unit A.
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Transcript of Copyright on the Internet – Illustrated Essentials Why Copyright Matters Unit A.
Copyright on the Internet – Illustrated Essentials
Why Copyright Matters
Unit A
2Copyright on the Internet Unit A
Why can’t I use everything on the Internet?
When does copyright protection begin?
What exactly does a copyright holder own?
What happens to copyright when I buy work?
How do I protect my own work?
Unit Objectives
3Copyright on the Internet Unit A
What work is not copyright protected?
How do I find media I can use?
Topics and Inquiries: Artistic expression or illegal acquisition?
Copyright in Context: Determining use
Unit Objectives (concluded)
4Copyright on the Internet Unit A
Internet Free To Use However
Copyright: grants exclusive rights to authors (creators) or work
– Gives creator control over how work is used
– Protects the expression of an idea but not the idea itself
Why can’t I use everything on the Internet?
5Copyright on the Internet Unit A
Copyright balances protection and innovation:– The right of the creator to benefit from
their work and– The right of society to build upon the
work
Why can’t I use everything on the Internet?
6Copyright on the Internet Unit A
Technological change linked closely to copyright law
Internet and digital technologies present a dilemma: ease of copying
Why can’t I use everything on the Internet?
7Copyright on the Internet Unit A
The difference between idea and expression
8Copyright on the Internet Unit A
When does copyright protection begin?
Work must be an originalwork of authorshipfixed in a tangible medium of expression
9Copyright on the Internet Unit A
When does copyright protection begin?
Original - not necessarily novel or unique
Tangible medium of expression– The work can be viewed or experienced
• Digital and analog media – Minimal amount of time
• Computer RAM
10Copyright on the Internet Unit A
When does copyright protection begin?
Works of authorship
– Literary
– Musical
– Dramatic
– Pantomimes and choreography
11Copyright on the Internet Unit A
When does copyright protection begin?
Works of authorship
– Pictorial, graphic, & sculptural
»Architectural plans
– Sound recordings
– Architectural
»Buildings
12Copyright on the Internet Unit A
How long does copyright last?
Works created since 1978– Life of author plus 95 years
Works published 1923 – 1977– Generally 95 years, but possibly less
if not registered
Works published before 1923– Now in public domain
13Copyright on the Internet Unit A
Conditions for copyright protection
14Copyright on the Internet Unit A
What exactly does a copyright holder own?
Bundle of rights– Reproduce the work – Prepare derivative works based on the
original – Distribute copies to the public – Perform the work publicly – Display the work publicly– Perform the work through digital audio
transmission
15Copyright on the Internet Unit A
Bundle of Rights
16Copyright on the Internet Unit A
You don’t buy the copyright when you buy the work or a copy of the workFirst sale doctrine– Allows the purchaser of copyrighted
work (like a book or DVD) to sell or lend the item (like a store or library)
– Does not transfer copyright – Does not permit copying the item in its
entirety
What happens to copyright when I buy work?
17Copyright on the Internet Unit A
Digital technology and goods differs from real world goods
DMCA prohibits hacking copyright prevention systems– Ripping a CD onto computer
What happens to copyright when I buy work?
18Copyright on the Internet Unit A
Register work at Copyright Office– Eligible for remedies if suing for
infringement– Can’t sue if not registered– Fill out form and pay nominal fee– Research whether work already has
copyright protection • Also research trademark
Optional © or Copyright on work – useful
How do I protect my own work?
19Copyright on the Internet Unit A
How do I protect my own work?
WFH conditions must be one of following:– “work prepared by an employee within
the scope of his or her employment”– “work specially ordered or
commissioned for use,” the contract specifically states that the agreement is work for hire, & only certain categories
20Copyright on the Internet Unit A
How do I protect my own work?
Proper copyright notice– Copyright symbol or word– The year of first publication of the work– The name of the copyright holder
© 2009 Course Technology
21Copyright on the Internet Unit A
U.S. Copyright Office
22Copyright on the Internet Unit A
What work is not copyrighted-protected?
Work that is not protected:
– Work has not been fixed in a tangible form of expression
• Improvisational performance
– Titles, names, short phrases, and slogans
• You’re Fired, Mission Accomplished
23Copyright on the Internet Unit A
What work is not copyrighted-protected?
Merger doctrine– very limited number of ways to express
an idea
Scenes à faire– stock scenes, characters, and features
of a work
24Copyright on the Internet Unit A
What work is not copyrighted-protected?
Ideas, procedures, principles, discoveries, and devices– list of ingredients, genomes, physics
Useful articles – lamps, bathroom sinks, clothing, doors,
and computer monitors – if the design can separated from the
utility, then the design can be protected
25Copyright on the Internet Unit A
What work is not copyrighted-protected?
Laws, court decisions, Federal docs
Public domain works– Works whose copyright expired– Works donated by owners– Works that never obtained proper
copyright
26Copyright on the Internet Unit A
What work is not copyrighted-protected?
Important to determine if work is in the public domain
While slogans, phrases, and titles are not copyright-protected, they could be trademarked
27Copyright on the Internet Unit A
How Do I Find Media I Can Use?
Sources – Federal government– Open access/Creative Commons
licenses or photo-sharing sites whose terms permit use
“Some rights reserved” similar to CC“All rights reserved” means the owner wants to be asked to use work (but will not necessarily grant permission)
28Copyright on the Internet Unit A
How Do I Find Media I Can Use?
Sources, continued – Libraries – public and university– Library of Congress online– Online compilations or resources
29Copyright on the Internet Unit A
List of Sites
30Copyright on the Internet Unit A
Artistic expressionor illegal acquisition?
Royalties designed to compensate composer and artist– Complex structuring– Artists have been and are exploited – Classic Blues artists were finally
compensated 20-30 years later– Argument for file-sharing: most artists
make more at concerts than CD sales
31Copyright on the Internet Unit A
Artistic expressionor illegal acquisition?
Fan fiction– The argument for fan fiction
• takes nothing from and freely promotes the original, and is not written for profit
– The argument against• dilutes the value of the copyright
Different things can have the samename
32Copyright on the Internet Unit A
Determining Use
Terms of Use– No standard link in Web site
• Terms, Terms of Use, Copyright, FAQ, About Me, About Us, Use, Usage, Contact Us, Privacy
– Can be ambiguous or very clear– Copyright holder’s definition of use may
differ with your interpretation
33Copyright on the Internet Unit A
Terms of Use
34Copyright on the Internet Unit A
SummaryMedia on the Internet does not mean free use however you want
Copyright grants rights to authors for expressions, not ideas
Balances protection and innovation
Work must be an original work of authorship fixed in a tangible medium of expression
35Copyright on the Internet Unit A
Summary, contFirst sale doctrine keeps copyright with creator but allows limited distribution to buyer
Register copyright to maximize protection
Work for hire contract can give copyright to the part commissioning the work
36Copyright on the Internet Unit A
Summary, contNot all work eligible for copyright protection
Public domain works can be used in any way
Creative Commons licenses assume and encourage use
Check terms of use on Web sites