Copyright vs. Copy Share

Where do you stand?By Joseph Volk

A little copyright history1439- Gutenberg’s movable type printing press invented

1790- Congress passes Copyright Act of 1790 under the new U.S. Constitution. Authors of books, maps and charts were granted exclusive rights for 14 years with an optional renewal term of 14 years.

1981- IBM introduces the personal computer (PC)

1990-First web server and web browser developed

1998- The Sonny Bono Copyright Term Extension Act extended the term of copyright protection for most works to the life of the author plus 70 years.

1999- Recording Industry Association of America sues Napster

2001- Apple Launches Ipod

What is copyright?

Copyright is a property right that protects a creator or author from infringement from others on their creation. The creator or author has exclusive rights to reproduce,. Perform, or display the protected work. This basically means no one else has rights to alter, copy, or change the work without the authors permission.(Newsome, 1997)

What is copy-share

To rearrange someone else’s material in and innovative way. Mash-up is an example of “making something fresh out of something stale.” People participate in the creation and recreation of their culture (Lessig)

Copyright materials include the following

categories:literary works - both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, phone records, film, audiotapes, and computer disks

musical works -- and accompanying words -- songs, operas, and musical plays

dramatic works -- including music - plays and dramatic readings

pantomimed and choreographed works

pictorial, graphics, and sculptural works -- final and applied arts, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models

motion pictures and audiovisual works - slide/tape, multimedia presentations, filmstrips, films, and videos

sound recordings and records - tapes, cassettes, and computer disks

When can a copyrighted work be

usedPublic Domain- work that belongs to the public or its copyright has expired

Permission- the author or creator gives you permission

Fair Use- Educational use

What is fair use?

Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research (Newsome, 1997)

When can you be exempt from fair use?When copies are made on the spur of the moment for educational use and are temporary

When copies are made for minima; information such as a paragraph

When materials is proportional or short compared to amount of material

When sales are not effected by use

Copy-share

Taking and recreating new content from other peoples content using digital technologies (saying something differently).

A culture where people produce for what they love doing and not for the money (User Generated Content.)

A technique that has been democratized.

A literacy of todays youth culture.

Copy–share is not

Copy share is not taking someone else's ideas and posing them as your own.

Copy-share is not taking someone else’s work and making a profit on them for your self

Copy-share is not taking someone else’s idea’s and calling them your own

Whose side am I on?

As I weigh in on this issue, I feel I am definitely on the side of copy-share. My point sways toward this side because of the creativity behind the intent. When people have a creative intent behind their thinking, it is different then stealing someone else’s ideas.

Plus the idea of fair use has restrictions that may not be evident under the law that still fall’s under education. These uses could place an educator or student in a postion of being sued.

For example

Future fights!

As technology and skills increase for users, more and more copyright issues are going to move forward. We have been in the realm of music and video, it will eventually be everything else media.

The question is, when is too much?

People will continue to push laws, that is human nature, but what is the acceptable level for future of copyright and copyshare.

ReferencesDilanchian, N. (2010, June 10). Digital music technology and copyright timeline. Ip, technology, and e-businness. Retrieved from http://www.dilanchian.com.au/ index.php?option=com_content&view=article&id=202:digital-music-technology-and-copyright-timeline&catid=5:ip-tech-a-e-biz&Itemid=144

AN additional resource timeline for copyright from the 1980’s to current.

Electronic Frontier foundation. (n.d.). Teaching copyright [Timeline of copyright]. Retrieved February 13, 2011, from http://www.teachingcopyright.org/ handout/ law-technology-timeline

This site provides a basic timeline of copyright dates and inventions since the 1500’s

Lessig, L. (2007, March). Larry Lessig on laws that choke creativity [Motion picture]. United States: TED CONFERENCES. Retrieved from TED- Ideas worth spreading database. (TED2007)

This citation reflects Larry Letting a lawyer behind copy-share. Larry explains what copy share is in great detail and depth.

Newsome, K. (1997). Modeling honesty and resourcefulness. In A teacher’s guide to fair use and copyright. Retrieved February 13, 2011, from http://home.earthlink.net/ ~cnew/ research.htm#Purpose%20of%20use

This site uses compares fair use and copyright information for educators. This site give hints and background on the laws.

Ufchitman. (2010, November 10). GLEE - “Umbrella-Singin’ In the Rain” full performance [Video file]. Retrieved from Youtube database.

Video is an example of a mash-up being used by the tv show- Glee