1. REAL WORLD COPYRIGHT FOR DEVELOPERS Professor Jonathan I. Ezor jezor@tourolaw.edu @webOSquire on Twitter Palm Developer Day NY November 19, 2010

2. jezor@tourolaw.edu Copyright--What is It? Protects artistic and literary works from misuse Under U.S. law, protection exists on creation Filing, putting [Name] [Date] add to the courts award Unless stated in writing, creator holds copyright Copyright holder can prevent others from copying, retransmitting, adapting, or publicly performing copyrighted material By law, includes musical recordings and software 3. jezor@tourolaw.edu Copyright--What Isnt It? Doesnt protect titles Doesnt protect logos/slogans Doesnt protect ideas, only the specific expression Doesnt protect against similar (or identical) materials developed independently 4. Copyright Exists Automatically Exists upon creation No filing necessary Filing required before bringing infringement action Notice, filing increase potential damages Life of creator plus 70 years For anonymous, 95 years from publication or 120 years from creation Managed by Library of Congress jezor@tourolaw.edu 5. Exclusive Rights Granted by Copyright Reproduction Prepare derivative works Distribute copies by sale or transfer, rental, lease or lending Public display Public performance or digital transmission of sound recordings jezor@tourolaw.edu 6. Transfer of Ownership Different from License Ownership means control of rights Other than work made for hire or other operation of law, transfer must be in writing Verbal transfers not valid jezor@tourolaw.edu 7. jezor@tourolaw.edu Debunking Copyright Myths Changing 20% or 80% of image removes copyright protection NO--Copyright holder holds rights in derivative works also No amount of changes removes copyright protection Publicly accessible means publicly usable NO--Still need to check source Even freeware is subject to copyright--license may be restricted--different from public domain 8. jezor@tourolaw.edu More Mythconceptions About Copyright License for traditional media = Web site license NO--Each medium may require separate clearance/payment Fair Use allows unlimited use of materials if not charging admission/viewing fee NO--Fair use exception under law is very limited generally only to excerpts newsworthy, educational, not-for-profits, satire 9. Fair Use Fair use factors 17 USC 107 the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work No bright-line test Fair use is a defense jezor@tourolaw.edu 10. Digital Millennium Copyright Act Enacted October 28, 1998 to deal with unique elements of digital technologies Prohibits circumvention of software anti-piracy measures May not manufacture, import, offer to the public, provide, or otherwise traffic in circumvention technologies Provides certain protection for siteowners from third-party infringements on their sites Foreign law (France, Australia) may be different jezor@tourolaw.edu 11. Anti-Circumvention Rulemaking: http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-Statement.html 12. Software Development Copyright and Related IP Issues OS and app developers face IP issues Not only copyright but trademark and patent Violations can be accidental Can pose financial and legal risks jezor@tourolaw.edu 13. Licenses: Free vs. Free Software as copyrightable work shared via license Owner can choose type of license to use Must separate (free) cost from (free) rights Libre vs. Gratuit (per @paulrubell) Watch out for imposed licenses jezor@tourolaw.edu 14. Palm & Open Source: http://opensource.palm.com/packages.html 15. By submitting your patch via the webOS-Patches Upload Form, committing it to the Gitorious.org/webos- internals/modifications repository or posting it to the webOS-Internals Wiki, you, the submitter, explicitly agree you are either the original author of the patch or have the right to submit the patch under the MIT Open Source License. Further, by submitting via the above methods you automatically agree the patch will be licensed under the MIT Open Source License. This is to allow Palm to use the patches as-is to incorporate them into future webOS releases. 16. Palm Developer Account & License Terms: http://developer.palm.com/index.php?option=com_content&view=article&id=1840&Itemid=27 17. Palms Trademark http://www.palm.com/us/company/trademark.html 18. Other Key IP Concerns for Developers Verifying rights of licensors Samples and sound boards Moral rights and talent rights Trade secrets & NDAs Trademarks Patents jezor@tourolaw.edu 19. jezor@tourolaw.edu Licensing: Obtaining Use Rights from Owner Licenses may cover any kind of IP Terms include Scope of license Term Sublicensing May be standalone or part of other agreement Bankruptcy can affect license 20. Web Development-- Copyright Concerns Ownership of content--work made for hire versus license Formatting code versus programming code Source and license for third-party materials Moral rights and talent rights Reuse by client and developer Ownership in event of dispute jezor@tourolaw.edu 21. Procedures to Follow When Obtaining Materials Assume everything protected by copyright Try to obtain rights for all possible uses up front If obtain from client, make sure client has all rights necessary for this use If obtain from Net, seek out original source for clearance Beware of frames, improper use Remember that talent rights are separate from copyright (stock photos) jezor@tourolaw.edu 22. Procedures to Follow When Using Materials Never put anything into an app which would ruin your business if copied Unique phrases, filenames aid in tracking theft Digital watermarks, lower resolution protects integrity of images from screenshots Watch site logs for full-site downloads which may indicate snatching or improper pulls of your content Register notice address with Copyright Office Have process for dealing with complaints, subpoenae Dont forget insurance and incorporation jezor@tourolaw.edu 23. jezor@tourolaw.edu QUESTIONS? 24. Professor Jonathan I. Ezor e. jezor@tourolaw.edu @webOSquire on Twitter