presents: copyright school: “copy rights & copy wrongs"

PRESENTS:

Copyright School:Copyright School:

““Copy Rights & Copy Wrongs"Copy Rights & Copy Wrongs"

IntroductionIntroduction

Copyright BasicsCopyright BasicsCopyright On the Internet Copyright On the Internet Discussion ScenariosDiscussion Scenarios

Copyright BasicsCopyright Basics

What is the source of U.S. Copyright law?What is the source of U.S. Copyright law?

““To promote the progress of science and useful To promote the progress of science and useful arts, by securing for limited times to authors and arts, by securing for limited times to authors and inventors the exclusive right to their respective inventors the exclusive right to their respective writing and discoveries.” – U.S. Constitution writing and discoveries.” – U.S. Constitution

Defined by Federal Statute (U.S. Code: Title 17)Defined by Federal Statute (U.S. Code: Title 17)


Authorship Authorship Fixed in a tangible form of expression Fixed in a tangible form of expression

It’s ALIVE!!

When is copyright created?When is copyright created?


What works are covered?What works are covered?Literary worksLiterary works

-Books, articles-Books, articlesMusical worksMusical works

-Music sheets, CDs, Records-Music sheets, CDs, RecordsDramatic worksDramatic works

-Plays-PlaysPantomimes and choreographic worksPantomimes and choreographic works

-Dance routines-Dance routinesPictorial, graphic, and sculptural worksPictorial, graphic, and sculptural works

-Painting, drawings-Painting, drawings


What works are not covered?What works are not covered?

Works not fixed in a tangible form Works not fixed in a tangible form of expressionof expression

Titles, names, short phrases, Titles, names, short phrases, slogansslogans

Works that have no original Works that have no original authorshipauthorship

Works created by the U.S. Works created by the U.S. governmentgovernment


ExamplesExamples-Albert Einstein conceives of a new theory -Albert Einstein conceives of a new theory about time travel and writes it down in a about time travel and writes it down in a published article. published article.

What is protected?What is protected?-Einstein’s Published Article-Einstein’s Published Article

What is What is NOTNOT protected? protected?-The theory about time travel-The theory about time travel


Examples (cont.)Examples (cont.)-Bob Ross paints an oil painting of beautiful -Bob Ross paints an oil painting of beautiful trees in Rock Creek Park.trees in Rock Creek Park.

What is protected?What is protected?-Ross’ actual oil painting-Ross’ actual oil painting

What is What is NOTNOT protected? protected?-The beautiful trees in Rock Creek park-The beautiful trees in Rock Creek park


What exclusive rights does a copyright What exclusive rights does a copyright owner get?owner get?

-Right to:-Right to:make copiesmake copiescreate a derivative work of the originalcreate a derivative work of the originaldistribute, display, and perform the workdistribute, display, and perform the workperform the sound recordings publicly by perform the sound recordings publicly by

means of a digital audio transmission means of a digital audio transmission

Copyright BasicsCopyright Basics InfringementInfringement

-Use of any exclusive right without the copyright owner's -Use of any exclusive right without the copyright owner's permissionpermission

-Need permission from copyright owner

ExceptionException-Fair Use (-Fair Use (limitedlimited))

(i) purpose or character of the use (commercial or (i) purpose or character of the use (commercial or educational)educational)

(ii) nature of the copyrighted work(ii) nature of the copyrighted work(iii) amount and substantiality of the portion used(iii) amount and substantiality of the portion used(iv) effect of the use on the potential market(iv) effect of the use on the potential market

Copyright BasicsCopyright Basics When does protection begin?When does protection begin?-At the moment the work is created-At the moment the work is created

How long does copyright last?How long does copyright last?-Life of the author plus 70 years-Life of the author plus 70 years

Copyright On the InternetCopyright On the Internet

MYTH- “If it’s posted on the Internet, it’s in the MYTH- “If it’s posted on the Internet, it’s in the public domain for all to use.”public domain for all to use.”

Internet and Copyright LawInternet and Copyright Law

-Copyright Law applies to the Internet. Any -Copyright Law applies to the Internet. Any reproduction or distribution of sound recordings, reproduction or distribution of sound recordings, which have not been authorized by the copyright which have not been authorized by the copyright owner, violates federal law. owner, violates federal law.

--Must obtain copyright owner’s permission to legally download music on the web.

Copyright On the InternetCopyright On the Internet

MYTH – “If I don’t charge for my music and movie MYTH – “If I don’t charge for my music and movie files, then it’s not a copyright violation.”files, then it’s not a copyright violation.”

Letting others download music and movie files from your Letting others download music and movie files from your computer is a violation of copyright law, EVEN IF IT’S computer is a violation of copyright law, EVEN IF IT’S FREE!FREE!

Copyright owner’s permission needed

Copyright On the InternetCopyright On the InternetMYTH: “Oh, so copyright violation is not a crime.”MYTH: “Oh, so copyright violation is not a crime.”

Civil Penalties Civil Penalties -substantial monetary payment-substantial monetary payment-injunctive relief-injunctive relief-cost of attorney’s fees-cost of attorney’s fees

Criminal PenaltiesCriminal Penalties-up to five years imprisonment-up to five years imprisonment-up to $250,000 in fines-up to $250,000 in fines-or both-or both

Copyright ScenariosCopyright Scenarios Scenario #1Scenario #1

Monica and Chandler are passionate fans of swing music. For the past few months, MonicaMonica and Chandler are passionate fans of swing music. For the past few months, Monicahas been reorganizing their extensive collection of CDs. Monica had a grand plan of makinghas been reorganizing their extensive collection of CDs. Monica had a grand plan of makingtheir vast CD collection accessible on the Internet for her friends to use. Once copied intotheir vast CD collection accessible on the Internet for her friends to use. Once copied intoMP3 format, Monica has indexed all song files on her computer. Being “super anal,” she MP3 format, Monica has indexed all song files on her computer. Being “super anal,” she has arranged them a variety of ways – by artist, genre, year, band hairstyle, and even theirhas arranged them a variety of ways – by artist, genre, year, band hairstyle, and even theirshoe size. shoe size.

After months of listening to Monica’s pestering, Chandler begins developing a website to fitAfter months of listening to Monica’s pestering, Chandler begins developing a website to fither master plan. Chandler has designed a webpage with a friendly search engine to allowher master plan. Chandler has designed a webpage with a friendly search engine to allowthem to search for a song in their collection. them to search for a song in their collection.

Monica told Phoebe about the website. She was so impressed that sheMonica told Phoebe about the website. She was so impressed that shedecided to go home and download some music files from the website. Phoebedecided to go home and download some music files from the website. Phoebecalled Joey and Rachael to let them know about this great music called Joey and Rachael to let them know about this great music collection. Joey emailed his entire acting class informing them about the greatcollection. Joey emailed his entire acting class informing them about the greatmusic on his buddy Chandler’s site. Within no time, his website had 9,000 hits a week.music on his buddy Chandler’s site. Within no time, his website had 9,000 hits a week.

What’s wrong with our friends’ use of their CD collection?What’s wrong with our friends’ use of their CD collection?

Copyright ScenariosCopyright Scenarios Scenario #2Scenario #2

Ross is a paleontologist who is teaching at a local community college in New York City. Ross is a paleontologist who is teaching at a local community college in New York City.

One day after class, Ross overheard some students talking about a website that offered One day after class, Ross overheard some students talking about a website that offered

free music downloads. This was news to Ross. free music downloads. This was news to Ross.

The next day before class started, Ross sat in his college office and checked out the The next day before class started, Ross sat in his college office and checked out the

website. Once on the site, Ross became instantly hooked. Ross started to download website. Once on the site, Ross became instantly hooked. Ross started to download

songs from the Beetles, Dave Matthews, and Cher. For the next two weeks, Ross went on songs from the Beetles, Dave Matthews, and Cher. For the next two weeks, Ross went on

a music swapping binge. He even began to cancel class so he could just a music swapping binge. He even began to cancel class so he could just

download music at the college.download music at the college.

Ross received a call from the dean to discuss a serious matter. Besides being a fan of Ross received a call from the dean to discuss a serious matter. Besides being a fan of

Cher, what did they discuss?Cher, what did they discuss?

Copyright Scenarios Copyright Scenarios Scenario #3Scenario #3

Phoebe has decided to quit her day job as a massage therapist and Phoebe has decided to quit her day job as a massage therapist and become a full time folk musician. She has signed onto a local New become a full time folk musician. She has signed onto a local New York City (NYC) music label and is planning to release her first album “Smelly York City (NYC) music label and is planning to release her first album “Smelly Cat.” Two months prior to the release date, Phoebe had a kick off party at the Cat.” Two months prior to the release date, Phoebe had a kick off party at the local coffee shop where she performed all of the songs on her album to a packed local coffee shop where she performed all of the songs on her album to a packed house. house.

Unbeknownst to her, Gunther, an employee from the coffee shop, was recording all of Unbeknownst to her, Gunther, an employee from the coffee shop, was recording all of her songs during her live performance. Gunther decided to copy the songs onto his her songs during her live performance. Gunther decided to copy the songs onto his computer and post them on various NYC message boards. Within a couple of days, computer and post them on various NYC message boards. Within a couple of days, dozens of locally known music websites, as well as NYC college student servers, had all dozens of locally known music websites, as well as NYC college student servers, had all or some of the songs from “Smelly Cat.” or some of the songs from “Smelly Cat.”

When “Smelly Cat” was released, the album sales were much less than anticipated due When “Smelly Cat” was released, the album sales were much less than anticipated due to a huge amount of free downloading. Since Phoebe quit her job, she could not afford to to a huge amount of free downloading. Since Phoebe quit her job, she could not afford to live in her apartment and had to move in with Joey.live in her apartment and had to move in with Joey.

What’s wrong with Gunther’s actions?What’s wrong with Gunther’s actions?

presents: copyright school: “copy rights & copy wrongs"

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