3. United States Congress, Article 1, section 8United States Congress, Article 1, section 8
clause 8:clause 8:
Congress shall have power:
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
4. Copyright LawCopyright Law
Copyright law protects creative works or works of
authorship.
This includes books, newspapers and other writings, music, art,
photography, films, choreography, architecture, computer
software and maps.
Copyright law grants exclusive rights to the copyright
owner, including:
Reproduction rights, distribution rights, right to creative
adaptations or derivative works, performance and display
rights.
5. Copyright law does not protectCopyright law does not protect
âąFacts
âąIdeas â a work must be fixed in a âtangible medium
of expressionâ
âąThings which are in the public domain, either
because the copyright has expired or because it was
dedicated to the public domain
âąWorks created by US government employees, blank
forms, laws and court decisions, recipes, words and
most short phrases, and âcommon propertyâ works
such as calendars.
6. Obtaining copyright protectionObtaining copyright protection
Registration is not required, but:
â Youâll need to register your work before
being able to enforce your claims in a
court of law.
â If you have registered your work within
the first 3 months of publishing, and you
win a lawsuit, you may ask for your legal
fees to be covered by the other party.
How to register your work
â Request a registration form from the
Copyright Office, housed in the Library
of Congress. Their website is
http://www.loc.gov/copyright
â Return the form with the required filing
fee and requested copies of the work. In
12-16 weeks you should receive a
certificate of registration.
8. Why have copyright?Why have copyright?
Copyright law is designed to
advance the progress of knowledge
by protecting an authorâs ability to
profit from their creativity
Too little copyright protection
could encourage âpiracyâ which
may discourage artistic creation and
would hinder the growth of
knowledge
âToo much copyright protection
could also freeze new authorship
and hinder the growth of
knowledge. Or it would put
new knowledge only in the hands
of the rich
9. Selling or transferring the rights to yourSelling or transferring the rights to your
workwork
10. The âFair Useâ exception to copyrightThe âFair Useâ exception to copyright
protectionprotection
(section 107 of copyright code)(section 107 of copyright code)
Designed to encourage the
advancement of knowledge and
free flow of ideas
Allows use of copyrighted material
without permission for
educational and research
purposes, news reporting and
criticism in certain conditions
and if the value of the copyrighted
work is not diminished.
11. The following factors are considered when FairThe following factors are considered when Fair
Use is claimed:Use is claimed:
1. The purpose and character of the use. The more
âtransformativeâ the work is, the more justified
the fair use claim.
2. The type of work involved. More protection is
given to works of fancy, and less to works of
research and factual works.
3. The amount and importance of the material used
â whether the material used reflects the âheartâ
of the work.
4. The effect of use on potential market.
12. Teach Act of 2002
(Technology, Education and Copyright
Harmonization Act)
13. The Value of the Public
Domain
âąWhen copyright
protection on a work
expires it becomes part of
the public domain.
âąMany great works are
now in the public domain,
and you can adapt them,
perform, use them in your
film score etc. without
paying for rights.
14. Copyright Term Extension Act (CTEA) ofCopyright Term Extension Act (CTEA) of
19981998
Also known as the Sony Bono law or the Mickey
Mouse Protection Act
Extended copyright protection by 20 years. Is now life
of the author plus 70 years and for works of
corporate authorship to 120 years after creation or
95 years after publication, whichever endpoint is
earlier
To determine when something goes into the public
domain, you can use a chart here:
http://www.copyright.cornell.edu/public_domain/
15. The Digital Millennium Copyright ActThe Digital Millennium Copyright Act
(DMCA) of 1998(DMCA) of 1998
The DCMA Increases copyright protection for
works transmitted over the internet.
If a copyright owner finds that their work is being used without
their permission and compensation, the website, the ISP, search
engines etc. can all be served with DMCA takedown notices.
Search Engines, ISPs etc. are protected from liability, as long as they
comply with the takedown requests.
The DCMA Criminalizes
efforts to circumvent DRM
technology.
DRM is technology that is used
to protect copyrighted material
online. It is used by iTunes,
16. Criticism of the DMCACriticism of the DMCA
Some believe that it is too easy to make copyright
challenges, and too difficult to fight a takedown
notice.
Software research and cryptography may be stifled and
DRM software may be uncompetititive due to the
protections.
The DMCA undermines the âFirst Saleâ doctrine of the
US copyright act, which allows you to do what you
choose with a purchased item â such as sell, copy, or
print it.
Notice that the promotion of progress is stressed, âprofitâ is never explicitly mentioned, and the amount of time is not specified
If something is taken from the public domain and added to, only the new âoriginalâ material qualifies for copyright.
First North American Serial Rights (FNASR): the right to publish your work first in North America, after which the copyright reverts to you.
All Rights: selling or transferring all rights to your work for the duration of copyright â you give up all right to profit off that work again.
If you die, your rights pass on to your heirs.
Publishing and performing rights (MJ owned the beatles, he split royalties 50/50
Improved section 110(2) of copyright code to allow Fair Use of works in distance education courses (110(1) deals with performance rights in face to face courses)
Imposes heavy restrictions on the institution to ensure protection of digital transmissions â institutions are more responsible than individuals
Copyrighted material must be held behind closed systems (a CMS, Docutek)
Alternatively, instructors can link to articles in library databases
Of all the major Disney animated movies, it is believed that only Dumbo and Lady and the Tramp involved paying for rights. The rest of the stories came from the public domain.
Copyright free/ license free material can be âmashed upâ into new creations.
Copyleft is an overarching term for a variety of licenses which enable creators to explicitly make their materials available for use by others, with some restrictions.
It comes out of the open source software movement.
According to the GNU Project of the Free Software Foundation, âCopyleft is a general method for making a program or other work free, and requiring all modified and extended versions of the program to be free as well.â
In other words, a copyleft license prevents people from taking freely available material, altering it and then selling it as proprietary material. Once it is free, it must remain free.
âCreative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright.
We provide free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof.â
What is the common denominator between these various Creative Commons licenses?
Really important point: YOU ALWAYS MUST GIVER ATTRIBUTION
That is, one must ALWAYS cite sources. Doesnât matter if it is a sound file, or image, or on the open web. It doesnât matter if it has a CC license. You and your students should always cite your sources, even in PowerPoint presentations. If one doesnât cite, it is plagiarism.
Teachers and librarians need to model responsible citing for our students and patrons.
Creative Commons Search (hyperlinked):
can add to Firefox (search engine pull down)
searches Google, Yahoo!, flickr, blip.tv, OWL music search and SpinXpress for Creative Commons licensed material
Can also use Google Advanced Search or the Yahoo! Creative Commons Search (http://search.yahoo.com/cc)
Lots of resources on your handout. Iâll just highlight a few.
Click through to Flickr Advanced Search
Multimedia â Wikimedia Commons âNot only images, video, audio, but also maps, graphics, logos, diagrams and even screenshots.
From the folks who brought you the Wayback Machine! The internet archive also includes a bunch of movies that have moved into the public domain
