copyright for today
TRANSCRIPT
COPYRIGHT LAW forthe DIGITAL AGE
Outcomes: Participants will …
- develop a deeper understanding of copyright and “fair use” for teaching and learning
- apply a process for “judgment and reasoning” to real world examples to determine “fair use”
- develop an understanding of an alternative to traditional “fair use
- extend this knowledge to their staff and students to help them understand the importance of protecting intellectual property and using it properly
ISTE STANDARDS FOR TEACHERSSOCIAL, ETHICAL, LEGAL, AND HUMAN ISSUES Promote and model digital citizenship and responsibility:
Teachers will understand local and global societal issues and responsibilities in an evolving digital culture and exhibit legal and ethical behavior in their professional practices.
Teachers will advocate, model and teach safe, legal and ethical use of digital information and technology, including respect for copyright, intellectual property, and the appropriate documentation of resources.
MARYLAND TECHNOLOGY STANDARDS FOR TEACHERSLEGAL, SOCIAL AND ETHICAL ISSUES
Demonstrate an understanding of the legal, social and ethical issues related to technology use.
Establish classroom policies and procedures that ensure compliance with copyright law, Fair Use guidelines, security, privacy and student online protection.
WHAT IS “COPYRIGHT”? . . .
Cornell University via ArtStor
WHAT IS COPYRIGHT?
"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.“
- United States Constitution, Article I Section 8
COPYRIGHT LAW BEGAN IN 1790-THE LAW WAS BASED ON THE BELIEF THAT: Anyone who creates an original, tangible
work deserves to be compensated for that work.
Compensation encourages more creative works.
Society as a whole benefits from the creative efforts of its members.
WHEN IS SOMETHING COPYRIGHTED? An author does not have to register the work, announce that the work is copyright protected, or display the copyright symbol to enjoy copyright protection.
All he or she must do is create an original work in tangible form. ©
COPYRIGHT ACT OF 1976 GRANTS FIVE RIGHTS TO A COPYRIGHT OWNER:
1. The right to reproduce the copyrighted work2. The right to prepare derivative works based upon
the work3. The right to distribute copies of the work to the
public4. The right to perform the copyrighted work publicly5. The right to display the copyrighted work publicly
The Copyright Act also includes Section 107...
COPYRIGHTABLE “WORKS OF AUTHORSHIP” INCLUDE:
• Literary works• Musical works
(including words)
• Drama (including music)
• Pantomime• Choreographic
works
• Pictorial and graphical works
• Sculptural works
• Motion pictures and other audiovisuals
• Sound recordings
• Architectural works
WHAT DO THESE FOLKS HAVE IN COMMON?
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http://www.celebuzz.com/2014-10-30/http://www.eonline.com/news/618553
THE "MY SWEET LORD"/"HE'S SO FINE" PLAGIARISM SUIT
This law extends by 20 years the length of protection afforded to copyrighted works, and thus lengthens the amount of time it will take for a work to enter the public domain.
Sonny Bono Copyright Term Extension Act of 1998
In 1971- George Harrison’s debut single blanketed the airwaves, a struggling New York publisher, Bright Tunes Music, must’ve heard divine intervention in the melody of “My Sweet Lord.” It was identical to a chestnut in their dusty catalog, “He’s So Fine.”
On Jan. 26, 2015 Sam Smith's rep acknowledged that the songwriting credits of the singer's Grammy-nominated hit "Stay With Me" now include Tom Petty and Jeff Lynne, writers of Petty's "I Won't Back Down," via an "immediate and amicable agreement" owing to similarities between the songs that were a "complete coincidence."
TOM PETTY vs. SAM SMITH
Robin Thicke, Pharrell Lose Multi-Million Dollar 'Blurred Lines' Lawsuithttp://www.theguardian.com/music/video/2015/mar/11/blurred-lines-got-to-give-it-up-video
THE DOCTRINE OF FAIR USESECTION 107 – COPYRIGHT ACT OF 1976
•Criticism•Comments•News Reporting•Teaching•Research
(including multiple copies for classroom use)
DETERMINING FAIR USE• Nature of
Material Fact or fiction, degree
of creativity?
• Purpose Transformative?
• Portion How much in relation to the whole?
• Effect Effect of use upon potential market value?
“THE FIFTH FACTOR:TRANSFORMATIVE USE”
“When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.”
- Joyce Valenza, School Library Journalhttp://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-
transformativeness-it-may-shake-your-world/
THE DOCTRINE OF FAIR USE (VIDEO)SECTION 107 – COPYRIGHT ACT OF 1976
https://www.youtube.com/watch?v=8tWhKeb-fUQ&list=PLvzOwE5lWqhTbOCIFp_OxsN6nC-l20kMT&index=7
“THE FIFTH FACTOR:TRANSFORMATIVE USE”
“A derivative work is transformative if it uses a source work in completely new or unexpected ways. Importantly, a work may be transformative, and thus a fair use, even when all four of the statutory factors would traditionally weigh against fair.”
- University of Minnesotahttps://www.lib.umn.edu/copyright/fairuse
• Parody • New Technologies • Other Uses
PARODY?
Source: http://www.printmag.com/article/review-garbage-pail-kids-from-grade-school-samizdat-to-art/
Source: http://nameberry.com/blog/a-cabbage-patch-namefest
NEW TECHNOLOGIES
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GROUP ACTIVITY -TRANSFORMATIVE OR NOT?
AP Photo/Manny Garcia/ Shepard Faireyhttp://www.allartnews.com/photographer-and-associated-press-drop-claims-against-each-other/
DETERMINING FAIR USE Let’s review the “Tool for Supporting the Fair Use Reasoning Process”What decision will you make?• Ask for Permission• Claim Fair Use• Pay a License Fee• Choose Another Source (Creative Commons)
Source: http://copyrightconfusion.wikispaces.com/Reasoning
• In 2009, visual artist Fairey sued the AP arguing that his artistic transformation of an AP photograph was protected under the doctrine of fair use.
• The AP sued Fairey arguing that he misappropriated its rights to the image when he created and sold posters and other merchandise with the likeness.
• The parties settled out of court in January 2011, with details of the settlement remaining confidential.
Shepard Fairey and The A.P. Settle Legal Dispute
GROUP ACTIVITY - TRANSFORMATIVE OR NOT?
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Web Poster Exhibition - Shepard Fairey posters for Barack Obama - http://www.posterpage.ch/exhib/ex216oba/ex216oba.htm
WHAT IS “PUBLIC DOMAIN”?
When the intellectual property rights of works have expired, have been forfeited, or are inapplicable.
When copyright law does not apply to a work.
Works in the public domain may be used freely without permission or attribution.
PUBLIC DOMAIN There are five common ways that works transfer into public domain:
1. The copyright has expired. 2. The copyright owner published the work without a copyright notice. 3. The copyright owner failed to renew copyright status. 4. The copyright owner deliberately places — or “dedicates” — it to public domain using the Creative Commons Zero dedication. 5. Copyright law does not protect this type of work.
PUBLIC DOMAIN
1. The copyright has expired.
PUBLIC DOMAIN
1. The copyright has expired. Items published* before
1923 are public domain.
WHAT IS “PUBLISHED”? (ACCORDING TO COPYRIGHT LAW)
A work is considered published when the author makes it available to the public on an unrestricted basis.
PUBLISHED OR UNPUBLISHED?
The definition of publication according to copyright law is “distribution to the public.” Consider these examples…
Potentially unpublished
Correspondence
Most photographs
Postcards with writing*
Likely published
Books
Posters
Brochures
Pamphlets
Blank Postcards*
Adapted from: https://copyright.cornell.edu/resources/publicdomain.cfm
Type of Work Copyright Term What was in the public domain in the U.S. as of January 1, 2015?
Unpublished works Life of the author + 70 years Works from authors who died before 1945
Unpublished anonymous and pseudonymous works, and works made for hire
120 years from date of creation Works created before 1895
Unpublished works when the death date of the author is not known
120 years from date of creation Works created before 1895
PUBLIC DOMAIN 2. The copyright owner published the work without a copyright notice.*
Until 1989, a published work had to contain a valid copyright notice to receive protection under the copyright laws. But this requirement is no longer in force — works first published after March 1, 1989 need not include a copyright notice to gain protection under the law. A copyright notice should contain: the word “copyright” a “c” in a circle (©) the date of publication, and the name of either the author or the owner of all the copyright rights in the published work.
PUBLIC DOMAIN 3. The copyright owner failed to renew copyright status of a published work.*
*Published between 1923 and 1963
PUBLIC DOMAIN
4. The copyright owner deliberately places — or “dedicates” — a work to public domain using the Creative Commons Zero dedication.
PUBLIC DOMAIN
5. Copyright law does not protect this type of work.
Documents created by the federal government and its employees as part of their jobs are not protected by copyright.
They are, therefore, public domain.
National Archives and Records Administration
RECAP — PUBLIC DOMAIN APPLIES IF . . .
1. The copyright has expired. (published before 1923) 2. The copyright owner published the work without a copyright notice. (1923 - 1977) 3. The copyright owner failed to renew copyright status. (1923 - 1963) 4. The copyright owner deliberately places — or “dedicates” — it to public domain using the Creative Commons Zero dedication. 5. Copyright law does not protect this type of work. Facts, ideas, general themes, plots and characters of fiction, research data, and government documents
Works within the copyright law to
Protect works, and
Provide access to content that might otherwise be
inaccessible for decades.
https://creativecommons.org/licenses/
CREATIVE COMMONS LICENSES
CREATIVE COMMONS TERMS CC - Creative Commons
BY - Attribution (you must attribute to the copyright holder)
SA - ShareAlike (if you make a derivative work or adaptation, it has to be licensed the same way as the original)
NC - NonCommercial (no commercial use)
ND - No Derivs (cannot make derivative works)
0 - Copyright holder has dedicated his/her work to the public domain.* (Don’t need to use in a rights field.)
CREATIVE COMMONS SEARCH
Source: http://search.creativecommons.org/
Shell Map of Ontario, 1955. Courtesy David Rumsey.
Copyright H.M. Gousha Company. This work is licensed for use under a Creative Commons Attribution NonCommercial ShareAlike License (CC BY-NC-SA).
Champion swimmer Eleanor Holm Jarrett shows off her flippers, 1937. Jones, Leslie, 1886-1967. Boston Public Library Print Department.
Copyright (c) Leslie Jones.This work is licensed for use under a Creative Commons Attribution Non-Commercial No Derivatives License (CC BY-NC-ND).
GOOGLE MAKES IT EASY TO FIND USAGE RIGHTS
Source: http://google.com
I get all this but what about Digital Stuff? The Internet, YouTube, E-Books, Help!
Digital Copyright Timeline
Internet Copyright Infringement
Resources