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Copyright Law
for middle school students1
I am not a lawyer.
I am a middle school teacher.2
Copyright Unit Agenda1. What is a copyright?2. What do you have to do to get a copyright?3. What can be copyrighted?4. What cannot be copyrighted?5. How do you warn others that you intend to enforce
your copyright?6. Why would you register your copyright?7. What are the four exceptions to the copyright law?8. What is the “public domain”?9. What is “fair use”?10. What is “parody”?
3
Copyright Law
4
Copyright LawBefore we begin:
There are four important exceptions to the copyright law.
We will learn about the exceptions.
First, though, we’ll learn what copyright is…
5
Copyright Law
You can’t copy other people’s stuff!
6
Copyright Law
You can’t copy other people’s stuff!
(That’s it. Write it down.)
7
Copyright Law
You can’t copy other people’s
stuff!8
Copyright Law
You can’t copy other people’s stuff!Can you copy a photograph of Beyoncé from
the Internet and put it in your PowerPoint about the French Revolution?
9
Copyright Law
You can’t copy other people’s stuff!Can you copy a photograph of Beyoncé from
the Internet and put it in your PowerPoint about the French Revolution?
NO!10
Copyright Law
You can’t copy other people’s stuff!
Can you download a song from YouTube by “One Direction” and save
it to your computer?
11
Copyright Law
You can’t copy other people’s stuff!
Can you download a song from YouTube by “One Direction” and save
it to your computer?
NO!12
Copyright Law
You can’t copy other people’s stuff!
Can you copy a DVD movie that you bought at Wal-Mart so you can give the copy to an orphanage in Brazil?
13
Copyright Law
You can’t copy other people’s stuff!
Can you copy a DVD movie that you bought at Wal-Mart so you can give the copy to an orphanage in Brazil?
NO!14
Copyright Law
You can’t copy other people’s stuff!
Can you photocopy a chapter from an expensive college textbook and give it
to a fellow student?
15
Copyright Law
You can’t copy other people’s stuff!
Can you photocopy a chapter from an expensive college textbook and give it
to a fellow student?
NO!16
Copyright Law
You can’t copy other people’s
stuff!17
Copyright Law
You can’t copy other people’s stuff!
(That’s it. Write it down.)
18
exceptions to copyright law
194
exceptions to copyright law
2041.You have permission from the creator
2.Work is in the “Public
Domain”3. Work of the U.S.
government4. “Fair Use”
What is a Copyright?
21
What is a Copyright?
Your exclusive right to use what you have created.
22
What is a Copyright?
Your exclusive right to use what you have created.
No one else can ever use what you create without your permission.
23
What is a Copyright?
Your exclusive right to use what you have created.
No one else can ever use what you create without your permission.
This is your right—like the right to free speech.
24
What is a Copyright?
Your exclusive right to use what you have created.
No one else can ever use what you create without your permission.
This is your right—like the right to free speech.
This right is called a copyright.
25
CopyrightWhen you create something, you automatically own the copyright to your creation.
26
CopyrightYou have the right to make copies of your work.
No one else can use your creation without your permission.
27
Automatic CopyrightYou don’t have to do anything to have your work “copyrighted”.
The instant you create something, it is “copyrighted”.
28
ExamplesLet’s look at just 8 examples of things you might have already created and you already own the copyright…
29
CopyrightWhen you take a photograph, that is your photograph.
You automatically own the copyright to it.
30
CopyrightWhen you take a photograph, that is your photograph.
You automatically own the copyright to it.
No one can use the photograph you took without your permission.
31
CopyrightWhen you create a poem, that is your poem.
You automatically own the copyright to it.
No one can use your poem without your permission.
32
CopyrightWhen you create a new cartoon character, that is your character.
You automatically own the copyright to it.
No one can use your character without your permission.
33
CopyrightWhen you paint a picture, that is your painting.
You automatically own the copyright to it.
No one can use your painting without your permission.
34
CopyrightWhen you write an essay, that is your essay.
You automatically own the copyright to it.
No one can use your essay without your permission.
35
CopyrightWhen you write a song, that is your song.
You automatically own the copyright to it.
No one can use your song without your permission.
36
CopyrightWhen you write a play, that is your play.
You automatically own the copyright to it.
No one can use your play without your permission.
37
Copyright
When you make a film, that is your film.
You automatically own the copyright to it.
No one can use the picture you took without your permission.
http://www.youtube.com/watch?v=sCBWQvwnUTU38
Copyright
When you make a film, that is your film.
You automatically own the copyright to it.
No one can use the picture you took without your permission.
http://www.youtube.com/watch?v=sCBWQvwnUTU39
Copyright Example
40
Copyright ExampleOn April 27, 2006 Mr. Mannie Garcia took this photograph at an event about bringing awareness to the war in Darfur.
Mr. Garcia’s photograph
41
Without Mr. Garcia’s permission, Mr. Shepard Fairly used Mr. Garcia’s photograph to create a famous poster.
Mr. Garcia’s photograph
Mr. Fairly’s poster42
Mr. Garcia, the photographer, sued
Mr. Fairly, the poster maker.
Mr. Garcia’s photograph
Mr. Fairly’s poster43
Copyright ExampleMr. Fairly agreed to pay Mr. Garcia an amount of
money that remains “confidential”.
Mr. Garcia’s photograph Mr. Fairly’s poster
http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster44
Copyright ExampleYou can’t use other people’s creations
without their permission.
Mr. Garcia’s photograph Mr. Fairly’s poster
http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster45
What is wrong with this cartoon?
46
Copyright law is
47
FEDERAL law not state law
Where is the copyright law?
48
The copyright law is so important, it is in the US Constitution—the highest law in the land.
Where is the copyright law?
49
Article 1, section 8: Congress shall have the power…to promote the progress of scienceand useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Why do we have copyright laws?
50
Why do we have copyright laws?
Two reasons:1. To give creators
an incentive to create
51
Why do we have copyright laws?
Two reasons:1. To give creators
an incentive to create
Why work so hard if someone else can copy your work,
sell the copies,keep the money,
and you get nothing?
http://www.brianmoneypenny.com/index.php?main_page=page_352
Why do we have copyright laws?Two reasons:
1. Give creators an incentive to create2. Promote progress of art and literature
53
Why do we have copyright laws?Two reasons:
1. Give creators an incentive to create2. Promote progress of art and literature
Society benefits from new,
creative, and innovative art.
http://hungeree.com/?tag=sacramento-intl-airport54
What is a Copyright?Only you (or someone you give permission to) can:
1. Make copies of your work2. Distribute copies of your work3. Perform your work4. Recreate your work in a new medium
(for example, no one can make a movie based on your book without your permission)
55
What is a Copyright?If you create a dance routine, Beyoncé cannot use it without your permission.
56
What is a Copyright?If you create a dance routine, Beyoncé cannot use it without your permission.
http://www.youtube.com/watch?v=V1LCYoH3GwQ57
What you can copyright…Things you create—called “fixed tangible works
of original authorship” in copyright law.
58
What you can copyright…Things you create—called “fixed tangible works
of original authorship” in copyright law.
http://www.griotscircleofmarylandinc.org/home.htm59
What you can copyright…Things you create—called “fixed tangible works
of original authorship” in copyright law.
http://www.brianmoneypenny.com/index.php?main_page=page_3http://www.griotscircleofmarylandinc.org/home.htm60
What you can copyright…Can a comic strip be copyrighted?
http://www.caribexams.org/node/82161
What you can copyright…Can a comic strip be copyrighted?
http://www.caribexams.org/node/821
Of course!
62
What you can copyright…Examples:• Written works• Musical works, including any accompanying words• Dramatic works, including any accompanying music• Pantomimes and Choreographic works• Pictures, Drawings, and Sculptures• Motion Pictures and other audiovisual works• Sound recordings• Architectural works
63
Not all things you “create” can be copyrighted:
64
You cannot copyright…• Names• Titles• Facts• Ideas• Short phrases• Blank forms
• Ingredient lists• Familiar symbols• Anything not fixed in
a tangible form (for example, a classroom speech that has not been recorded or written down)
65
Can you copyright a tattoo?
66
Can you copyright a tattoo?
67
http://latimesblogs.latimes.com/gossip/2011/06/hangover-tattoo-dispute-ed-helms-hangover-2-tattoo.html68
5 QUESTIONS:
69
1. I want to name my rock band “Mud on Mars”.
Can I copyright my band’s name?
70
1. I want to name my rock band “Mud on Mars”.
Can I copyright my band’s name?
No, you cannot copyright a name.You can, though, trademark your band’s name.
71
2. The yearbook wants to list the titles of the top ten books read
throughout the year.Can they list the titles without
violating copyright laws?
72
2. The yearbook wants to list the titles of the top ten books read
throughout the year.Can they list the titles without
violating copyright laws?
Yes, titles cannot be copyrighted.Anyone can use a title without permission.
73
3. Is a kindergartener'sfinger paintings
protected by copyright laws?
74
3. Is a kindergartener'sfinger paintings
protected by copyright laws?
Yes, of course.
75
4. If you write an essay for your English class, who owns the copyright?
a) The school, because it was a school assignment
b) The teacher, because he/she assigned itc) Youd) Your parents, because you are under 18
years old
76
4. If you write an essay for your English class, who owns the copyright?
a) The school, because it was a school assignment
b) The teacher, because he/she assigned itc) Youd) Your parents, because you are under 18
years old
77
5. True or False: If you buy a painting, you also own the copyright
to the painting, and you can make and sell photographs of it.
78
5. True or False: If you buy a painting, you also own the copyright
to the painting, and you can make and sell photographs of it.
False.Just because you buy a painting
doesn’t mean you own the copyright to it. The creator still owns the
copyright.79
End of 5 QUESTIONS
80
How to warn others of your copyright
81
How to warn others of your copyright
Add three items to your work:1. The © symbol2. The year you made the creation3. Your name
© 2017 Mark Lushenko
82
You COULD register your copyright with the U.S. Copyright Office, but why should you?
83
You COULD register your copyright with the U.S. Copyright Office, but why should you?
• You must have a registered copyright before you can start a lawsuit
84
You COULD register your copyright with the U.S. Copyright Office, but why should you?
• You must have a registered copyright before you can start a lawsuit
• The registration helps prove your copyright exists
85
You COULD register your copyright with the U.S. Copyright Office, but why should you?
• You must have a registered copyright before you can start a lawsuit
• The registration helps prove your copyright exists• If you register your creation within 3 months of
its creation and you win the lawsuit, the infringer will have to pay for your lawyer
86
Four important exceptions to copyright law…
1. You have the creator’s permission2. Works in the “Public Domain”3. U.S. Government creations4. “Fair Use”
87
Four important exceptions to copyright law…
1. You have the creator’s permission2. Works in the “Public Domain”3. U.S. Government creations4. “Fair Use”
88
Write down these four exceptions to the copyright law.
Four important exceptions to copyright law…
1. You have the creator’s permission2. Works in the “Public Domain”3. U.S. Government creations4. “Fair Use”
89
Two ways to get the creator’s permission
1. You have communicated with the creator and can prove they gave you permission
90
Two ways to get the creator’s permission
1. You have communicated with the creator and can prove they gave you permission
2. The creator has granted a “Creative Commons” permission
91
Creative Commons permissions
92
Creative Commons permission examples:
93
= you can use, but give creator credit
Creative Commons permission examples:
94
= you can use, but give creator credit
= you can use, but you can’t get money by using (non-commercial use)
Creative Commons permission examples:
95
= you can use, but give creator credit
= you can use, but you can’t get money by using (non-commercial use)
= you can use and change, but you must share your work too (share alike)
96
Four important exceptions to copyright law…
1. You have the creator’s permission2. Works in the “Public Domain”3. U.S. Government creations4. “Fair Use”
97
Your right to copy (your “copyright”) does not last forever.
98
20342033203220312030202920282027202620252024202320222021202020192018201720162015
99
After a time, your creation will fall from copyright protected…
copyright protected
copyright protection does not last forever
copyright protection does not last forever
After a time, your creation will fall from copyright protected…
into the public domain.
Public Domain
copyright protected
100
copyright protection does not last forever
After a time, your creation will fall from copyright protected…
into the public domain. Then anyone can use it.
Public Domain
copyright protected
101
What is and is not in the“Public Domain” can be
very complex
102
Public DomainPublic Domain
What is and is not in the“Public Domain” can be
very complex
103
What is and is not in the“Public Domain” can be
very complex
104
For us, things in the Public Domain are simply…
Works in the “Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
Public Domain
105
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
106
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
107
Anyone can make a movie from this book without permission
Any book publishing company can publish this book without permission
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
108
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
109
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
110
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
111
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
112
Why has Sherlock Holmes been in more movies and television shows than any other human character in history?
Source: http://www.guinnessworldrecords.com/news/2012/5/sherlock-holmes-awarded-title-for-most-portrayed-literary-human-character-in-film-tv-41743/
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
113
Why has Sherlock Holmes been in more movies and television shows than any other human character in history?
He’s in the “Public Domain” and
FREE to use!
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
114
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
115
“Public Domain”:1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
116
117
Generally, works made before 1923 are not copyrighted. Anyone can use them.
118
Careful! The Tarzan of the Apes copyright has expired, but the trademark TARZAN lasts forever and is owned by Edgar Rice Burroughs, Inc.
Edgar Rice Burroughs, Inc. will sue if you use their trademark character without permission.
http://www.erbzine.com/mag21/2162.html119
120
Generally, works made before 1923 are not copyrighted. Anyone can use them.
121
Careful! The poem “Yankee Doodle” is in the public domain, but this sheet music is owned by the person who wrote it down.
Simple definition of works in the “Public Domain”:
1. Works created before 19232. Works created by someone who has been dead
for over 70 years.
Public Domain
122
How long does copyright protection last?
In general, copyright protection lasts forthe life of the creator, plus 70 years
Public Domain123
How long does copyright protection last?
In general, copyright protection lasts forthe life of the creator, plus 70 years
After that…
Public Domain124
Four important exceptions to copyright law…
1. You have the creator’s permission2. Works in the “Public Domain”3. U.S. Government creations4. “Fair Use”
125
Any creation made by the U.S. Government is NOT copyrighted
It is free to use by anyone
(This picture is not copyrighted)
126
Any creation made by the U.S. Government is NOT copyrighted
It is free to use by anyone
127
Any creation made by the U.S. Government is NOT copyrighted
128
Any creation made by the U.S. Government is NOT copyrighted
Anything on a .gov website is not copyrighted
www.nps.gov
129
Any creation made by the U.S. Government is NOT copyrighted
Anything on a .gov website is not copyrighted
130
https://www.youtube.com/watch?v=2ZaCKsrQ-RI
Four important exceptions to copyright law…
1. You have the creator’s permission2. Works in the “Public Domain”3. U.S. Government creations4. “Fair Use”
131
Fair UseYou can use anyone’s creation, within reason, if
you are using it for things like this:• News reporting• Criticism• Research• Teaching• Parody
132
Fair Use vs. Unfair Use
133
Fair Use vs. Unfair Use
It’s unfair to deprive a creator of money they should receive.
134
Fair Use vs. Unfair Use
It’s unfair to deprive a creator of money they should receive.
Write that down.
135
Unfair use
Buy one…
136
Unfair use
Buy one…
make your own copies
http://blog.priddybooks.com/news/priddy-books-picks-up-five-practical-pre-school-awards/attachment/wc-workbook-lowercase-uk-cover
137
Unfair useBuy one…
make your own copies Why is this unfair use?
138
Unfair useBuy one…
make your own copies Why is this unfair use?
It’s unfair to deprive a creator of money they should receive.
139
Fair use480 page book.
Buy one…
140
Fair use copy one page to pass out to students to read
http://frank-rogers.com/ri-detail.html
http://raisinglaura.blogspot.com/2008_07_01_archive.html141
480 page book.Buy one…
Why is this fair use?copy one page for teaching
142
480 page book.Buy one…
Fair Use
You can use anyone’s creation, within reason, if you are using it for things like this:
• News reporting• Criticism• Research• Teaching• Parody
143
Unfair use
144
Unfair use
Buy one…
http://www.fanpop.com/spots/fearless-taylor-swift-album/images/16855631/title/fearless-fanmade-album-cover-fanart145
Unfair use
Buy one….mp3.mp3
.mp3.mp3.mp3.mp3.mp3
.mp3.mp3
.mp3.mp3.mp3.mp3
.mp3.mp3.mp3
email your favorites to your friends
146
Unfair use Why is this unfair use?
147
Unfair use Why is this unfair use?
It’s unfair to deprive a creator of money they should receive.
148
People who violate copyright laws are called…
149
People who violate copyright laws are called…
http://urssiva.com/2009/copyright-what-side-are-we-really/
Pirates!http://devcentral.f5.com/weblogs/david/archive/2011/06/07/business-logic-
protocol-fraud.aspx150
Arghh!http://articles.cnn.com/2009-06-18/justice/minnesota.music.download.fine_1_jury-instructions-fined-sheryl-crow?_s=PM:CRIME
151
Fair Use
You can use anyone’s creation, within reason, if you are using it for things like this:
• News reporting• Criticism• Research• Teaching• Parody
152
Fair Use
You can use anyone’s creation, within reason, if you are using it for things like this:
• News reporting• Criticism• Research• Teaching• Parody
153
Parody:
A humorous imitation of something serious.
154
Parody:
“Scary Movie” is a parody of other
horror movies.
A humorous imitation of something serious.
http://www.dvdsreleasedates.com/poster/1982/Scary-Movie-movie-poster.html155
Parody:A humorous imitation of something serious.
156
Parody:A humorous imitation of something serious.
Let’s watch a video example of parody…
157
Parody:
Edited from: http://www.youtube.com/watch?v=aF7_6p_x6nQ158
Parody?
In August 1991, Demi Moore posed for the cover of Vanity Fair magazine…
159
http://tandlesachin21.onsugar.com/demi-moore-vanity-fair-photo-shoot-13327537
160
Parody?
In 1994, the movie poster for the movie Naked Gun 33 ⅓: The Final Insult came out…
161
http://www.benedict.com/Visual/Nakedgun/Nakedgun.aspx162
http://www.benedict.com/Visual/Nakedgun/Nakedgun.aspx
Is this a parody?
163
Annie Leibovitz, the photographer who took Demi Moore’s picture, sued Paramount Pictures, Corp. for copyright infringement.
164
Leibovitz vs. Paramount Pictures, Corp.
The courts said this is a parody.It is okay for the movie to copy the magazine.
165
http://en.wikipedia.org/wiki/Saul_Steinberg166
In 1976 Saul Steinberg, an artist, drew a picture for the cover of the New Yorker magazine titled, “A View of the World”…
Parody?
In 1994, the movie poster for Moscow on the Hudson came out…
167
http://en.wikipedia.org/wiki/Moscow_on_the_Hudson168
169
170
Is this a “parody”?
Saul Steinberg sued
Colombia Pictures Industries, Inc.
The courts said this is not a parody; They said it was just copying.
Columbia Pictures had to pay artist Steinberg.
171
Four important exceptions to copyright law…
1. You have the creator’s permission2. Works in the “Public Domain”3. U.S. Government creations4. “Fair Use”
172
Copyright Unit Agenda1. What is a copyright?2. What do you have to do to get a copyright?3. What can be copyrighted?4. What cannot be copyrighted?5. How do you warn others that you intend to enforce
your copyright?6. Why would you register your copyright?7. What are the four exceptions to the copyright law?8. What is the “public domain”?9. What is “fair use”?10. What is “parody”?
173
Copyright Law
174
Copyright Law
You can’t copy other people’s
stuff!175
Copyright Law
You can’t copy other people’s stuff!
(That’s it. Write it down.)
176
177
There are four important exceptions
to the copyright law.
178
4 exceptions to the copyright law.
1. You have the creator’s permission
179
4 exceptions to the copyright law.
1. You have the creator’s permission2. Works in the “Public Domain”
• Can copy things created before 1923• Can copy things made by someone who died over 70
years ago
180
4 exceptions to the copyright law.
1. You have the creator’s permission2. Works in the “Public Domain”
• Can copy things created before 1923• Can copy things made by someone who died over 70
years ago
3. U.S. Government creations
181
4 exceptions to the copyright law.
1. You have the creator’s permission2. Works in the “Public Domain”
• Can copy things created before 1923• Can copy things made by someone who died over 70
years ago
3. U.S. Government creations4. “Fair Use” of other people’s stuff
• Can copy for teaching or research• Can copy for criticism or news reporting• Can copy for parody• Can copy only a very small portion of a thing (like one page
of a large book)
In general, though…
You can’t copy other people’s
stuff!182
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