By: Manmeet

Copyright BasicsCopyright Basics

By: Manmeet

AgendaAgenda

What is Copyright?What is Copyright? What Can Be Copyrighted?What Can Be Copyrighted? How Long Does Copyright Last?How Long Does Copyright Last? What is in the Public Domain?What is in the Public Domain? What is Fair Use?What is Fair Use? Alternatives to CopyrightAlternatives to Copyright Copyright in the News (MP3s, Copyright in the News (MP3s,

Copyright Extension)Copyright Extension)

By: Manmeet

What is Copyright?What is Copyright? CopyrightCopyright is a form of intellectual is a form of intellectual

property that gives the author of an property that gives the author of an original work exclusive right for a original work exclusive right for a certain time period in relation to that certain time period in relation to that work, including its publication, work, including its publication, distribution and adaptation, after distribution and adaptation, after which time the work is said to enter which time the work is said to enter the public domain. the public domain.

It allows authors, musicians, artists, It allows authors, musicians, artists, etc. to make money off of their etc. to make money off of their labor. labor.

It prevents others from taking there It prevents others from taking there work for free. work for free.

It also prevents people from altering It also prevents people from altering the work without permission.the work without permission.

By: Manmeet

The concept of copyright originates with the Statute of The concept of copyright originates with the Statute of Anne (1710) in Great Britain. Anne (1710) in Great Britain.

The The Statute of AnneStatute of Anne (short title (short title Copyright Act 1709Copyright Act 1709 8 8 Anne c.19; long title "An Act for the Encouragement of Anne c.19; long title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times Authors or purchasers of such Copies, during the Times therein mentioned") was the first copyright law in the therein mentioned") was the first copyright law in the Kingdom of Great Britain, enacted in 1709 and entering into Kingdom of Great Britain, enacted in 1709 and entering into force on force on 10 April 171010 April 1710. .

It is generally considered to be the first fully-fledged It is generally considered to be the first fully-fledged copyright law. It is named for Queen Anne, during whose copyright law. It is named for Queen Anne, during whose reign it was enacted. reign it was enacted.

Copyright has been internationally standardized, lasting Copyright has been internationally standardized, lasting between fifty to a hundred years from the author's death, between fifty to a hundred years from the author's death, or a shorter period for anonymous or corporate authorship. or a shorter period for anonymous or corporate authorship. Some jurisdictions have required formalities to establish Some jurisdictions have required formalities to establish copyright, but most recognize copyright in any completed copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do enforced as a civil matter, though some jurisdictions do apply criminal sanctions.apply criminal sanctions.

By: Manmeet

What Can Be Protected?What Can Be Protected?

Literary WorksLiterary Works (includes software, web pages)(includes software, web pages) Musical WorksMusical Works (including any accompanying words)(including any accompanying words) Dramatic Works Dramatic Works (including any accompanying music)(including any accompanying music)

Choreographic WorkChoreographic Work Pictorial, Graphic, and Sculptural Works Pictorial, Graphic, and Sculptural Works

(.gif, .jpg, .bmp)(.gif, .jpg, .bmp) Motion Pictures and Audio Visual Works Motion Pictures and Audio Visual Works

(flash, streaming video, virtual reality)(flash, streaming video, virtual reality) Sound Recordings Sound Recordings (.wav files, MP3, etc.)(.wav files, MP3, etc.) Architectural WorksArchitectural Works

By: Manmeet

What Is Not Copyrightable?What Is Not Copyrightable?

Words and short phrases such as names, Words and short phrases such as names, titles, and sloganstitles, and slogans

Blank forms ... designed for recording Blank forms ... designed for recording information [that] do not in themselves information [that] do not in themselves convey informationconvey information

Works consisting entirely of information Works consisting entirely of information that is common property containing no that is common property containing no original authorship, e.g. calendars, weight original authorship, e.g. calendars, weight charts, sports schedules, tables taken from charts, sports schedules, tables taken from public documents or other common public documents or other common sources.sources.

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What Does Copyright Give What Does Copyright Give Rights Holders?Rights Holders?

Right to reproduce the Right to reproduce the work.work.

Right to prepare Right to prepare derivative works.derivative works.

Right to distribute Right to distribute copies for sale.copies for sale.

Right to perform AV Right to perform AV works publicly.works publicly.

Right to display Right to display musical and artistic musical and artistic works publicly.works publicly.

By: Manmeet

How Long Does Copyright Last?How Long Does Copyright Last?

The term of copyright for a particular work depends on The term of copyright for a particular work depends on several factors, including several factors, including whether it has been whether it has been publishedpublished, and, if so, the , and, if so, the date of first publicationdate of first publication. .

As a general rule, for works created As a general rule, for works created afterafter January 1, 1978, January 1, 1978, copyright protection copyright protection lasts for the life of the author plus lasts for the life of the author plus an additional 70 yearsan additional 70 years. .

For an anonymous work, a pseudonymous work, or a work For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of made for hire, the copyright endures for a term of 95 years 95 years from the year of its first publication or a term of 120 from the year of its first publication or a term of 120 years from the year of its creation, whichever years from the year of its creation, whichever expires firstexpires first..

Renewal: Renewal: No. Works created on or after January 1, 1978, No. Works created on or after January 1, 1978, are not subject to renewal registration. are not subject to renewal registration.

As to works published or registered prior to January 1, As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but 1978, renewal registration is optional after 28 years but does provide certain legal advantages.does provide certain legal advantages.

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Copyright OwnershipCopyright Ownership

Ownership vests originally in the Ownership vests originally in the authorauthor A “work made for hire” isA “work made for hire” is

a work prepared by an employee within a work prepared by an employee within the “course and scope of employment”;the “course and scope of employment”;

a work specially ordered or a work specially ordered or commissioned ... if commissioned ... if the parties expressly agree in [writing] the parties expressly agree in [writing] that the work shall be considered a work that the work shall be considered a work made for hire.made for hire.

By: Manmeet

Public DomainPublic Domain

Anything in the public domain is Anything in the public domain is useable by anyone in any way that they useable by anyone in any way that they want. No one owns it.want. No one owns it.

Everything published before 1923 is in Everything published before 1923 is in the public domain.the public domain.

US federal works are in the public US federal works are in the public domain.domain.

Authors can choose to put work in the Authors can choose to put work in the public domain by including a notice public domain by including a notice that the item is in the public domain.that the item is in the public domain.

By: Manmeet

Fair UseFair Use

You can use excerpts from a book to write You can use excerpts from a book to write a review of it. However, you can’t a review of it. However, you can’t reproduce whole chapters of the book for reproduce whole chapters of the book for reviewing purposes without permission.reviewing purposes without permission.

A class dealing with film studies can screen A class dealing with film studies can screen a movie without payment for study a movie without payment for study purposes. However, no admission can be purposes. However, no admission can be charged and only students in the class can charged and only students in the class can attend the screening.attend the screening.

Difficult area that can get people in trouble. Difficult area that can get people in trouble. Consult an attorney if you are in doubt… Consult an attorney if you are in doubt…

By: Manmeet

Alternatives to CopyrightAlternatives to Copyright

Licenses – Creators can retain copyright but Licenses – Creators can retain copyright but allow people to use content under certain allow people to use content under certain terms. For example, the copyright can give terms. For example, the copyright can give schools to use content for free and without schools to use content for free and without permission. Example: (permission. Example: (http://www.creativecommons.org/http://www.creativecommons.org/))

Open License – Others can use but must Open License – Others can use but must credit original source. Further, any version credit original source. Further, any version that others create must also have the open that others create must also have the open license and be useable by others as well. license and be useable by others as well. Example: (http://www.wikipedia.org/).Example: (http://www.wikipedia.org/).

By: Manmeet

Change of Medium Is Still an Change of Medium Is Still an InfringementInfringement

Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992) Art Rogers was a photographer. Took the picture on the left Jeff Koons, a famous artist, made the sculpture on the right

from the photo Koons sold three copies for $367,000 each HELD, copyright infringement

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Major IdeasMajor Ideas

Copyright derives from the intellectual property Copyright derives from the intellectual property clause of the Constitutionclause of the Constitution

Only “works of authorship” are eligible for copyrightOnly “works of authorship” are eligible for copyright Copyright protects expression only, not ideas, Copyright protects expression only, not ideas,

procedures, algorithms or processesprocedures, algorithms or processes Infringement is violating any of the exclusive rights Infringement is violating any of the exclusive rights

of the copyright owner: reproduction, distribution, of the copyright owner: reproduction, distribution, derivative works, public performance, public displayderivative works, public performance, public display

To have infringement there must be a copyingTo have infringement there must be a copying Willful copyright infringement for financial gain is a Willful copyright infringement for financial gain is a

crimecrime

By: Manmeet

Thank YouThank You