JRN 302: Introduction to Graphics and Visual Communication- Public Domain, Copyrights, Trademarks, Plagiarism

Wednesday, 10-6-15

Class Objectives

Lecture Public Domain, Copyrights, Trademarks, Plagiarism Review on SM Graphics what is and what is NOT allowed

Homework assignments Reading Assignments:

http://blog.webcopyplus.com/2011/02/14/legal-lesson-learned-copywriter-pays-4000-for-10-photo/

http://blog.hubspot.com/marketing/image-copyright-infringement?utm_content=buffer24942&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Warmerdam, 2014

Work on your SM Graphics (due by end of class 10/15/15)

What is public domain?

A range of materials (called “intellectual property”) that are available for anyone to use for any purpose Includes music, literature, art, blogs, websites

Books such as the Bible, but translations may be copyrighted Images

Raster http://www.publicdomainpictures.net/ Vector http://www.openclipart.org/

Very few sound recordings are in PD

Varies by country Something that is PD in one country may not be in another

country Do not need to pay royalties $$ for using PD work (no

licenses on)

What is a copyright

Protection of your intellectual property (specifically, design works fixed in any tangible medium of expression) Your copyright protects your particular form of

expression that resulted in a book, poem, music, sculpture, movie, letter, email or other printed material, sound, or visual art from being copied w/o your consent

Even HTML/web page designs are copyrighted! If you copy HTML and replace images with your own,

probably violated a copyright law

Copyrightable content as it pertains to JRN/ADV/PR? Yes, these can be copyrighted

Photographs Brochures Newsletters

No, these are not protected by copyright Sounds Names, titles, short phrases (slogans) Colors Ideas Inventions

Public Domain vs. Copyright

Copyright occurs at time of creation and runs through a limited period of time (normally creator’s life + 70 years)

When copyright expires, the work enters the public domain. Again, PD means you can make copies of the

work and don’t have to pay $$ for it.

Copyright Laws

What are a copyright laws? Grants the author six exclusive rights

the right to reproduce the work the right to create derivative works based upon the

original work the right to distribute copies of the original work (sale,

rental, license, assignment, or otherwise) the right to publicly perform the work the right to display the work the right to prevent distortion, modification, or

mutilation of the work

Source: http://www.copyright.gov/

Copyrights What do the 6 rights actually mean?

Author has the right to stop other parties from Making copies of the work Making changes to the work or creating new works

based on the original work (derivatives, see next slide)

Distributing the work Publishing the work Licensing the work to others Otherwise exploiting the work

Popular Lawsuit involving derivatives

The Obama Hope Poster (A.P. v Shepard Fairey) Legal under fair use as 2008 campaign poster

Had the approval of the official Obama campaign After Obama became the President, in 2009, the

Fairey portrait used in the poster was acquired by the Smithsonian

At this time, it was learned that portrait was based on 2006 A.P. photograph

A.P. sued Fairey 2010, A judge urged a

settlement, stating that AP

would win the case

Source: http://janim.net/articles/copyright.php

U.S. Copyrights

How long do they last? Works before 1923 are in the public domain Works from 1923-1978 =life of creator + 70 years Works from 1978- present copyrighted by individuals =life

of creator + 70 years Works from 1978- present by or for corporations = 95 years

from publication or 120 years from creation, whichever is shorter.

Simply stated.. They are not indefinite! They expire!

Copyrights- limitations Rights are subject to certain limitations One of these limitations is the "fair use"

exception. Permits use of a work, even without the

consent of the author or copyright owner, for certain limited purposes

Purposes include uses for criticism/parodies, comment, teaching, news reporting, scholarship or research

Is this breaking the law?

You create a Parody Twitter Account of a local attorney and find a photograph on his website to use and post on your Twitter parody profile. What happens?

Attorney website: http://centralmichiganlawyer.com/about/attorney-profile/

Twitter Parody Account: https://twitter.com/levittlawyer To date: http://www.cm-life.com/article/2015/08/levitt-

appeal

Copyrights-considerations

Deep pockets- show me the money How much money is being made off of your

copyrighted property? Can you afford to hire a lawyer?

Non-profit vs for profit International arena has much looser

standards on copyrights than U.S.

To register or not to register

Do you need to register your work with the U.S. Copyright Office in order for it to be protected under copyright laws? No! Work is protected by copyright law as soon as it is

fixed in a tangible medium. An unregistered copyright entitles you to reproduce,

sell, and perform the copyrighted work. You can send cease and desist letters, DMCA take-down

notices… But what if someone using your copyrighted work won’t

stop using it after you tell them to stop?'In England, if you commit a crime, the police don't have a gun and you don't have a gun.If you commit a crime, the police will say, "Stop, or I'll say stop again"' Robin Williams

Registering your work

Why do you register your copyrighted work? To be able to sue (and ask for attorneys fees) To collect statutory damages: The charges allow

copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work

A brochure with 4 photos = 5 pieces of work

How much does it cost to register your work? $35 to file claim, if approved another $45

Copyright symbol is © Not required but good to have In PS, this symbol is under the custom shape tool

As it pertains to JRN/ADV/PR?

Protected by Copyright laws Photographs Brochures Newsletters

Protected by Trademark laws Sounds Names, titles, short phrases (slogans) Colors

Protected by Patent laws Ideas Inventions

What is a trademark

Names, logos, colors, words, sounds, and other identifying marks used in commerce Examples: Coca-cola logo, MGM lion’s roar,

McDonald’s TM’s Are used to prevent others from using a

confusingly similar mark You are protecting the mark that is being used

within your trade

What is a trademark

Trademarks do not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Your company makes a kid’s toy

Trademarks are all about if the customer is confused or not- if they think the two companies are the same!

http://news.moviefone.com/2010/09/11/famous-movie-locations-mcdowells-from-coming-to-america/

When is something trademarked?

How do I know if something is trademarked already? http://tmsearch.uspto.gov/bin/gate.exe?f=tess

&state=4801:2ygo6v.1.1 Trademarks begin when the mark is used in

the normal course of doing business So your class logo is not trademarked until

you have it attached to a product or service and you are doing business with that product or service.

What is a trademark

Can be maintained indefinitely as long as they are being used in business

Trademark symbols ™ = unregistered ® = registered

Same question… to register or not register So why should I register a trademark?

You can sue Your trademark area of protection is nationwide

Basic cost for filing a trademark is $325 Do I have to file or register my trademark?

No, but it helps to prove original ownership Do I have to put the TM or ® on my work

No, but it helps tell others you know your rights

Same question… to register or not register Do I need to register with the U.S. Patent and

Trademark office in order to have trademark protection? No. You still have protection under trademark laws

but only in the geographic area in which the mark is used.

If coffee shop sold coffee called CRAZED in California only, the trademark rights to that name exist only in California.

If another coffee retailer begins to market a different blend in New York under the same name (assuming they had no knowledge of the California company), then there would be no trademark infringement.

A new spin on trademark infringement (.sucks) Websites with .sucks are coming soon

Owned by Vox Populi https://www.registry.sucks/

Idea is for consumer complaints Cost up to $2500 per year to buy these names (versus

mine, sarakubikphd.com, costs me $10/mnth) Calling this something similar to cybersquatting.. I buy

a URL so you have to pay me a higher price Krogers.sucks is available at

https://www.uniteddomains.com/ Also a trademark problem…you own a trademark and

can prohibit others from using it What is trademark clearing househttp://www.trademark-clearinghouse.com/

Trademark differences

So trademarks can be indefinite as long as they are used in business Whereas copyrights expire

When a trademark is abandoned, it does NOT enter the public domain

And trademarks can become generic Aspirin, thermos

Fair use in TMs are different… see next slide

Trademark differences

Fair use in TMs are different Can use a generic word (like apple) Can use TMs in criticism (like a TV

commercial mentioning how your product has less fat than a Big Mac- assuming that is true)

Parody is not black or white… the issue is whether or not there is a likelihood of confusion for the customer

Question

Is everything you create as a designer automatically copyrighted to you at the moment of creation/expression?

• Yes, and registering them helps protect them from being used by others (gives you a stronger case in court)

• No, depending upon your job, the company/school may actually own your work (has to do with “Work for Hire”)• You would not have created the work had you

not been hired by them

Question

• If I base a design of my own on someone else's copyrighted design- is this legal?

• Yes and no• No- depending upon similarity (if you only change font= no.. It’s a

derivative, 80% change = yes)• Did you create your own graphics or steal others?• Do they have a copyright lawyer• Is the design popular in your trade?

Question

If I can re-create a logo, it’s legally mine, right? Absolutely not.

Just because you can make three circles does not mean you own the Mickey Mouse logo

If I re-create a logo and add to it, it’s now legally mine, right? Absolutely not.

If consumer thinks that your design is really about the first company, you have infringed on their trademark.

Plagiarism

= the act of using someone else's words or ideas without acknowledging the source, thereby representing it as your own.

If you use someone else's ideas, phrases, conclusions, facts, statistics, or artwork without citing where they came from, in effect, you pass them off as your own work and have plagiarized.

Difference between plagiarism and copyright/TM infringement Plagiarism is using other people's original

work without crediting them as the source.  Can avoid by always citing the source of any

material you use that is not your own Copyright/TM infringement is using material

without getting permission. Can avoid by getting permission (meaning pay

them) from the copyright/TM holder to use their materials.

Or fair use reasons.

Believed to be legal but are illegal in the U.S.

Commercially using articles and images from other web sites. Is illegal unless explicit permission is given or the item in

question is in the public domain.

Scanning images from magazines and posting them on your web site. This is illegal as you are making a copy (a scan) of a

copyrighted image.

Getting permission from someone who has made a non-legitimate copy of the material. The rule is simple: you must obtain permission from the

copyright owner only.

Source: http://janim.net/articles/copyright.php