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)

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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?

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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?

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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?

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The difference between idea and expression

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When does copyright protection begin?

Work must be an originalwork of authorshipfixed in a tangible medium of expression

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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

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When does copyright protection begin?

Works of authorship

– Literary

– Musical

– Dramatic

– Pantomimes and choreography

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When does copyright protection begin?

Works of authorship

– Pictorial, graphic, & sculptural

»Architectural plans

– Sound recordings

– Architectural

»Buildings

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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

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Conditions for copyright protection

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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

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Bundle of Rights

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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?

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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?

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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?

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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

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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

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U.S. Copyright Office

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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

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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

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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

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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

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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

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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)

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How Do I Find Media I Can Use?

Sources, continued – Libraries – public and university– Library of Congress online– Online compilations or resources

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List of Sites

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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

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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

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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

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Terms of Use

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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

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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

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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