CLARIFYING COPYRIGHT CONCEPTS€¦ · •Changes for 2017: –New electronic filing system....

CLARIFYING COPYRIGHT CONCEPTS

CMLS Brings it to the Table

May 16, 2017

CHEESY ATTORNEY DISCLAIMER

NO LEGAL ADVICE

public domain: https://commons.wikimedia.org/wiki/File:NCI_swiss_cheese.jpg

“On the Attack” by Max Talbot-Minkin is licensed under CC BY 2.0, modified, https://ccsearch.creativecommons.org/image/detail/CNokC-oJoYthRZE7qXahlg==

DISTINCT CONCEPTS

• Copyright registration = offensive

• DMCA safe harbor = defensive

COPYRIGHTREGISTRATION

WHAT?

“Cyan's Portfolio” by brett jordan is licensed under CC BY 2.0, modified, https://www.flickr.com/photos/x1brett/9428282993

COPYRIGHTREGISTRATION

WHY?

public domain: https://pixabay.com/en/thief-burglary-break-into-balaclava-1562699/

DMCASAFE HARBOR

WHAT?

“the harbor at Split--1987” by xinem licensed under CC BY 2.0, modified, https://www.flickr.com/photos/christinestephens/4685722053

DMCASAFE HARBOR

WHY?

“Shark” by Steve Garner is licensed under CC BY 2.0, modified, https://www.flickr.com/photos/22032337@N02/8314569214

DMCA SAFE HARBOR

• Safe harbor procedures.– Register a designated agent with copyright office.

– Add notice and contact information to your website.

– Follow the procedures in DMCA if there is a takedown request.

– Don’t have knowledge of infringement; don’t benefit from it.

“the harbor at Split--1987” by xinem licensed under CC BY 2.0, modified, https://www.flickr.com/photos/christinestephens/4685722053

• Changes for 2017:

– New electronic filing system.

– Price decrease to $6.

– “Alternative names” cannot be separate entity.

– Must re-file by December 31, 2017.

“the harbor at Split--1987” by xinem licensed under CC BY 2.0, modified, https://www.flickr.com/photos/christinestephens/4685722053

DMCA SAFE HARBOR

“On the Attack” by Max Talbot-Minkin is licensed under CC BY 2.0, modified, https://ccsearch.creativecommons.org/image/detail/CNokC-oJoYthRZE7qXahlg==

TAKE AWAYS• Copyright registration = offensive

– Go get ‘em!

• DMCA safe harbor = defensive

– If have designated agent, renew

– If filed for participants, assess with counsel

Want to nerd-out more on copyright?

See Camille’s blog post at:

Thanks!

mskinner@larsonskinner.com