2. “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.  No. Trademarks, copyrights and patents all
differ.
 A copyright protects an original artistic or
literary work;
 a patent protects an invention.
 A trademark is a word, phrase, symbol or
design, or a combination of words, phrases,
symbols or designs, that identifies and
distinguishes the source of the goods of one
party from those of others.

6.  A work is “fixed” in a tangible medium of
expression when its embodiment in a copy
or phonorecord, by or under the authority
of the author, is sufficiently permanent or
stable to permit it to be perceived,
reproduced, or otherwise communicated
for a period of more than transitory
duration. A work consisting of sounds,
images, or both, that are being transmitted,
is “fixed” for purposes of this title if a fixation
of the work is being made simultaneously
with its transmission.

7.  Art
 Books
 Film
 Graphic Arts
 Photography
 Performing Arts
 (3d Animation, Graphic and Web Designers, Audio Production,
Photography, Digital Filmmaking, Web and Content Development).

8.  “Pictorial, graphic, and sculptural
works” include two-dimensional
and three-dimensional works of
fine, graphic, and applied art,
photographs, prints and art
reproductions, maps, globes,
charts, diagrams, models, and
technical drawings, including
architectural plans…., and are
capable of existing
independently of, the utilitarian
aspects.

9.  Reproduce
 To create Derivatives
 Display
 Distribute
 Perform

10.  The Right to Five
Slices of Pie
› Reproduce
› Display
› Derivatives
› Distribute
› Perform
Pie for Photographers
Reproduce
Display
Derivatives
Distribute

12.  If you mail a work, such as a screenplay,
to yourself in the mail, the service
provided by the USPS of canceling the
stamp will serve as prima facie evidence
of a valid copyright.

13.  Fixed
 Tangible
 Expression

14.  To be eligible for Copyright protection,
your photos must be used for monetary
gain.

15.  Monetary gain is irrelevant to Copyright,
although funds are helpful this time of
year for heat, rent, food, and gifts.

16.  Life of the author and 70 years after the
author's death.
 Joint Works. — In the case of a joint work
prepared by two or more authors who
did not work for hire, the copyright
endures for a term consisting of the life of
the last surviving author and 70 years
after such last surviving author's death.

17.  Work for Hire
› 120 years after creation or 95 years after publication,
whichever comes first.

23.  Lower filing fee of $35 for a basic claim;
 Faster processing time;
 Online status tracking;
 Secure payment by credit card or
electronic means; and
 Ability to electronically deposit files.

24.  The time the Copyright Office requires
to process an application varies,
depending on the number of
applications the Office is receiving and
clearing at the time of submission and
the extent of questions associated with
the application. Current processing
times are:
 Average Processing Time for e-Filing:
2.5 months
 Average Processing Time for Paper
Forms: 5.6 months

26.  Licenses and Permissions
 YouTube CC License
 By marking your original video
with a Creative Commons license,
you are granting the entire
YouTube community the right to
reuse and edit that video.
 Please understand that you may
only mark your uploaded video
with a Creative Commons license
if it consists entirely of content
licensable by you under the CC
BY license. Some examples of
such licensable content are:
› Your entirely originally created
content
› Other videos marked with a CC BY
license
› Videos in the public domain

27.  If a photo is Pinterest, Facebook, etc,
 it is free or in the public domain

29.  Check for copyright notice
 For what purpose
 Geographic
 Duration of Time
 Exclusive or nonexclusive

30. The copyright to your photographs is yours
under the law.
 You own it.
Register it.
Keep it.
License it.
Re-license it.

31.  Copyright protects text and pictures on
websites just like books, CDs, DVDs, and
works in other media are protected. You
might not see a copyright notice on a
website, but "that doesn't mean you're
free" to copy what you see or hear.

34.  If you give credit where credit is due, you
have not violated copyright.
 As long as you show the work in a
positive light, you have not violated
copyright.

35. © 2013, Julia Harmatz, All Rights Reserved
› Term “Copyright”
› Symbol
› Year
› Holder’s name
› Phrase “All Rights Reserved”
Technically no longer required—no notice does not necessarily
mean work is not copyright protected

38.  Most important is, does
the case have merit?
 Second, are potential
damages sufficient to
make it worthwhile?
 Very important is
whether the
defendant can
actually pay if
judgment is
obtained?

40.  Mr. Fairey, 42, sued The Associated Press
in 2009 after it contended he had
infringed on the copyright of one of its
photographs in creating the poster. Mr.
Fairey had claimed in his suit that he had
used a different photograph of Mr.
Obama, but later admitted that he had
been mistaken and had tried to conceal
his mistake, by destroying documents
and fabricating others.

42.  When the case began in
2009, Mr. Fairey argued
that his use of Associated
Press imagery constituted
fair use under copyright
law. But the civil lawsuit
was settled before that
question was decided, and
the two sides agreed to
financial terms that were
not disclosed.The parties
also agreed to share the
rights to make posters and
merchandise bearing the
“Hope” image. Mr. Fairey
maintained that he had
never personally profited
from sales of the image, a
contention The A.P.
disputed.

43.  Mr. Fairey sued The
Associated Press in 2009
after it contended that he
had infringed on the
copyright of one of its
photographs in creating
the poster. In his suit Mr.
Fairey claimed he had
used a different
photograph, but later
admitted that he had
been mistaken and had
tried to cover up his
mistake. At the time he
pleaded guilty he said he
was “ashamed” of his
actions.

44.  Photographer
awarded $1.2
million from media
companies that
lifted images off
Twitter
 media companies Agence
France-Presse and Getty Images
to pay $1.2 million to freelance
photographer Daniel Morel for
using and distributing without
permission eight photos he'd
taken and posted to his Twitter
feed.
 http://photomorel.com/

45. Procrastination is still the thief of time.
Life often leaves us standing bare, naked, and dejected
with a lost opportunity.
The tide in the affairs of men does not remain at flood -
- it ebbs.
We may cry out desperately for time to pause in her
passage, but time is adamant to every plea and rushes
on.
Over the bleached bones and jumbled residues of
numerous civilizations are written the pathetic
words, "Too late.“
MLK

47.  Words are flowing out like
Endless rain into a paper cup
They slither wildly as they slip away across the
universe.
Pools of sorrow waves of joy
Are drifting through my opened mind
Possessing and caressing me.
Jai Guru Deva. Om
Nothing's gonna change my world
Nothing's gonna change my world
Nothing's gonna change my world
Nothing's gonna change my world
Sounds of laughter, shades of life
Are ringing through my opened ears
Inciting and inviting me.
Limitless undying love, which
Shines around me like a million suns,
It calls me on and on across the universe
 Jai Guru Deva.
Jai Guru Deva.
Jai Guru Deva.
Nothing's gonna change my world
Nothing's gonna change my world
Nothing's gonna change my world
Nothing's gonna change my world

Jai Guru Deva. Om
Nothing's gonna change my world
Nothing's gonna change my world
Nothing's gonna change my world
Nothing's gonna change my world
Images of broken light, which
Dance before me like a million eyes,
They call me on and on across the universe.
Thoughts meander like a
Restless wind inside a letter box
They tumble blindly as they make their way across the
universe.

50.  http://www.youtube.com/watch?v=Rj-
4t9drUlM
 http://www.youtube.com/watch?v=cAe
1lVDbLf0

52.  A musical mash up of old styles lyrics
made new and fresh is the stuff of hits
and thus eligible for a fresh new
copyright.

53.  The Clash Go
Straight to Hell Boy
 http://www.youtube.
com/watch?v=HQw
m1v1R-qM
 The Beatles Across
the Universe
 MIA Paper Planes
 http://www.youtube.
com/watch?v=7sei-
eEjy4g
 Rufus Wainwright
Across the Universe

55.  Under certain circumstances, "fair use"
allows you to use parts of someone else's
work. There's no magic formula, though.
Scholarly criticism, teaching, and news
reporting may be valid reasons for
reproducing a copyrighted work. A number
of other factors also need to be
considered. (See Fair Use). When in doubt,
it's always a good idea to ask the copyright
owner for permission first.

56.  Do upload content that you've created.
Respect the copyright of others. This means don't steal photos or videos
that other people have shared and pass them off as your own. (That’s what
favorites are for.)
 Don’t upload anything that isn't yours.
This includes other people's photos, video, and/or stuff you've copied or
collected from around the Internet. Accounts that consist primarily of such
collections may be deleted at any time.
 Copyright Infringement
If you see photos or videos that you’ve created in another member’s
photostream, don't panic. This is probably just a misunderstanding and not
malicious. A good first step is to contact them via FlickrMail and politely
ask them to remove it. If that doesn't work, please file a Notice of
Infringement with the Yahoo! Copyright Team who will take it from there.
Check out the “Copyright/IP Policy” link in the footer of every page for
more information.

57.  As a general matter
1.copyrighted work is reproduced, distributed,
performed, publicly displayed, or made into
a derivative work
2.without the permission of the copyright
owner.
 Copying—test is whether work is
“substantially similar”

58. What is copyright infringement?
Copyright infringement occurs when a copyrighted work is
reproduced, distributed, performed, publicly displayed, or
made into a derivative work without the permission of the
copyright owner.

59.  If you give credit to the owner/author/songwriter?
 If you are not selling the video for money?
 If the work, such as a photo, contains a copyright notice?
› http://rapidshootersmaine.com/northern/2013/1013k/boat02/pages/NO%2010-13-
13%20K010.htm
 If you created a montage made of short clips of copyrighted content—even though
you edited it together, is it a new work? A derivative?

60.  Defenses
› The copyright is invalid or expired
› Independent creation. You had no access
to the other work
› Admission of copying, but was de minimus
› Permission was granted
› Fair Use

62. The distinction between fair use and infringement may be unclear
and not easily defined.
There is no specific number of words, lines, or notes
that may safely be taken without permission.

65. http://www.youtube.com/watch?v=_PL
q0_7k1jk

66.  How much of a song can you copy?
 Determining Fair Use:
1.Purpose and character of subsequent use
 Commercial or non-profit nature of use
List of factors
 Criticism
 Comment
 News reporting
 Teaching
 Scholarship
 Research
 Degree of transformation
2.Nature/value of the work
3.How much was copied
4.Effect on the market

67.  Section 107 provides
the fair use of a copyrighted work … for purposes
such as criticism [or] comment … is not an
infringement … ,”
› Continues the common law tradition of fair use
adjudication
› Requires case by case analysis rather than bright line rules
› Statutory examples of permissible uses provide only
general guidance--statutory factors are to be explored
and weighed together in light of copyright’s purpose of
promoting science and the arts

68.  Acuff-Rose owns the copyright to
Orbison’s song “Oh, Pretty Woman”.
 In 1989, Campbell wrote a song entitled
“Pretty Woman.”
 On July 5, 1989, 2 Live Crew’s manager informed
Acuff-Rose that 2 Live Crew had written a parody
of “Oh, Pretty Woman,” that they would afford all
credit for ownership and authorship of the original
song to Acuff-Rose, Dees, and Orbison, and that
they were willing to pay a fee for the use.

69.  1. The purpose and character of the use,
including whether such use is of commercial
nature or is for nonprofit educational purposes
 2. The nature of the copyrighted work
 3. The amount and substantiality of the
portion used in relation to the copyrighted
work as a whole
 4. The effect of the use upon the potential
market for, or value of, the copyrighted work

70. Acuff-Rose’s agent refused permission,
stating that “I am aware of the success
enjoyed by The 2 Live Crews, but I must
inform you that we cannot permit the
use of a parody of Oh, Pretty Woman.”

71.  2 Live Crew released records, cassette
tapes, and compact discs of “Pretty
Woman” in a collection of songs entitled
“As Clean As They Wanna Be.”
 Almost a year later, after nearly a
quarter of a million copies of the
recording had been sold, Acuff-Rose
sued 2 Live Crew and its record
company, Luke Skyywalker Records, for
copyright infringement.

72. › The District Court found in favor of 2Live Crew and called the
version a parody
› Court of Appeals reversed
 commercial nature of the parody rendered it presumptively unfair
that, by taking the “heart” of the original and making it the “heart” of
a new work, 2 Live Crew had, qualitatively, taken too much under the
third §107 factor; and that market harm for purposes of the fourth §107
factor had been established by a presumption attaching to
commercial uses

73.  It is uncontested here that 2Live Crew’s song would be an
infringement of Acuff-Rose’s rights in “Oh, Pretty Woman,” under the
Copyright Act of 1976, 17 U.S.C. §106 (1988 ed. and Supp. IV), but for
a finding of fair use through parody. From the infancy of copyright
protection, some opportunity for fair use of copyrighted materials
has been thought necessary to fulfill copyright’s very purpose, “[t]o
promote the Progress of Science and useful Arts ….” U.S. Const., Art.
I, §8, cl. 8
 Held: 2 Live Crew’s commercial parody may be a fair use within the
meaning of §107.

74. http://www.youtube.com/watch?v=JJjuxDa9sWM

75.  Julia Harmatz
 781-330-5226
 JHarmatz@Outlook.com
 Intellectual Property, Copyright,
Trademark, Licenses and Permissions
Contracts and Negotiations.

77. Pretty Woman, walking down the street,
Pretty Woman, the kind I like to meet,
Pretty Woman, I don’t believe you, you’re not the truth,
No one could look as good as you Mercy
Pretty Woman, won’t you pardon me,
Pretty Woman, I couldn’t help but see,
Pretty Woman, that you look lovely as can be
Are you lonely just like me?
Pretty Woman, stop a while,
Pretty Woman, talk a while,
Pretty Woman give your smile to me
Pretty Woman, yeah, yeah, yeah
Pretty Woman, look my way,
Pretty Woman, say you’ll stay with me
’Cause I need you, I’ll treat you right
Come to me baby, Be mine tonight
Pretty Woman, don’t walk on by,
Pretty Woman, don’t make me cry,
Pretty Woman, don’t walk away,
Hey, O.K.
If that’s the way it must be, O. K.
I guess I’ll go on home, it’s late
There’ll be tomorrow night, but wait!
What do I see
Is she walking back to me?
Yeah, she’s walking back to me!
Oh, Pretty Woman.

78. Pretty woman walkin’ down the street
Pretty woman girl you look so sweet
Pretty woman you bring me down to that knee
Pretty woman you make me wanna beg please
Oh, pretty woman
Big hairy woman you need to shave that stuff
Big hairy woman you know I bet it’s tough
Big hairy woman all that hair it ain’t legit
’Cause you look like Cousin It
Big hairy woman
Bald headed woman girl your hair won’t grow
Bald headed woman you got a teeny weeny afro
Bald headed woman you know your hair could look nice
Bald headed woman first you got to roll it with rice
Bald headed woman here, let me get this hunk of biz for ya
Ya know what I’m saying you look better than rice a roni
Oh bald headed woman
Big hairy woman come on in
And don’t forget your bald headed friend
Hey pretty woman let the boys
Jump in
Two timin’ woman girl you know you ain’t right
Two timin’ woman you’s out with my boy last night
Two timin’ woman that takes a load off my mind
Two timin’ woman now I know the baby ain’t mine
Oh, two timin’ woman
Oh pretty woman