Understanding Intellectual Property

What can you use?

Wednesday, March 6, 13

we are surrounded

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

“The 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.”

(USC 17, Article 1, Section 8)

Wednesday, March 6, 13

“The 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.”

(USC 17, Article 1, Section 8)

Wednesday, March 6, 13

. 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.”

(USC 17, Article 1, Section 8)

Wednesday, March 6, 13

What is copyright?

The right of the author/creator to control.

Wednesday, March 6, 13

CONTROLReproduction

Wednesday, March 6, 13

CONTROLDerivative Works

Wednesday, March 6, 13

CONTROLDistribution and Sales

Wednesday, March 6, 13

CONTROLPublic Performance

and Display

Wednesday, March 6, 13

CONTROL

Digital Transmission

Wednesday, March 6, 13

All of your own work is copyrighted.

Wednesday, March 6, 13

All of your own work is copyrighted.

Seriously.

Wednesday, March 6, 13

http://lundissimo.info/imgs/motorcity/napkinart/guy.jpg

Wednesday, March 6, 13

• Registration is not required (since 1978)

• Fixation is the only requirement

Wednesday, March 6, 13

No use without permission.

Wednesday, March 6, 13

Items you can use

• Public Domain

• Fair Use

• Creative Commons

• GNU/Linux

Wednesday, March 6, 13

Public Domain

• Look for announcement of “public domain”

• Most clip art collections

• Most pre-1923 works

• Some image banks

• Some software

• GNU licenses

Wednesday, March 6, 13

Otherwise, you need to think about Fair Use.

Wednesday, March 6, 13

4 Factor Test

Wednesday, March 6, 13

Fair Use

• What is the character of the use?

• What is the nature of the use?

• How much will you use?

• What are the market effects?

Wednesday, March 6, 13

Educational use is protected.

Wednesday, March 6, 13

Parody is Protected.

Wednesday, March 6, 13

Criticism is protected.

Wednesday, March 6, 13

This works... sometimes.

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Modern Authorship is . . .

Wednesday, March 6, 13

Distributed

Collaborative

Wednesday, March 6, 13

http://benfry.com/linking/

Wednesday, March 6, 13

Wednesday, March 6, 13

Involves Assembly of Preexistent Information

Wednesday, March 6, 13

mashups

Wednesday, March 6, 13

Practical Applications

Wednesday, March 6, 13

Wednesday, March 6, 13

May or may not be proprietary

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13

4 licenses:

• attribution only

• no derivative works

• non-commercial

• share alike

Wednesday, March 6, 13

Let’s look at two ways to search:

Wednesday, March 6, 13

Wednesday, March 6, 13

Wednesday, March 6, 13