The Writer & the Law: Talking Points

The Writer & the LawSouthern Christian Writers ConferenceJune 8-9, 2012

Sheree Martin, J.D., LL.M., Ph.D.Assistant Professor, Samford University

Connect With Sheree:

Email:

Blog: www.benfranklinfollies.com--I'll post the slide deck here, along with key points and links to resources.

LinkedIn: www.linkedin.com/in/ShereeM

Twitter: @RealSheree

Google+: http://gplus.to/Sheree

Topics We'll Cover (Very Briefly!)

Copyright Overview (Basics)

Scraping

Assignment of Rights (Licensing)

Works for Hire

Derivative Works

The Creative Commons

Photos

Right of Publicity

Copyright Law & Plagiarism

Plagiarism = Claiming authorship of someone else's work.

Copyright Infringement = Using work without permission.

• All plagiarism is also a copyright infringement.

• Not all copyright infringement is plagiarism.

• Copyright infringement usually occurs without plagiarism.

Copyright Overview: Basics

Ideas

Original Creative Works

Authorship

Protection exists when "fixed in a tangible medium"

Term of Protection

Registration

Copyright Notice

Fair Use

Copyright Basics, cont.

Term of Protection:

U.S. Constitution: A “reasonable” term

• 14 years + 14 years

• 28 years +

• 50 years +

• Disney’s efforts to extend…..

Today:

Individuals

–70 years plus life of the author•Corporate author–Films, TV shows, for example–95 years from publication OR 125 years from creation, whichever shorter

Copyright & Fair Use

Factors to be considered:•Purpose and character of the use•Nature of the copyrighted work•Amount and substantiality of the portion

used in relation to the copyrighted work as a whole

•Effect of use on potential market for or value of the copyrighted work

Scraping

Scraped by: http://www.organicrapeseedoil.com/organic-rapeseed-oil/

healthy-baked-catfish-the-ben-franklin-follies.html

Assignment of Rights/Licensing

All Rights

• Exclusive Worldwide Rights

Limited Rights

• First North American Serial

• Electronic

• Exclusive

• Non-Exclusive

Tip:

Make sure contract provides that all rights revert to author if book goes out of print so author can self-publish as e-book.

Works for Hire

Copyright belongs to the owner, not the author.

The author has no rights in these creations.

Employees

Freelancers

Derivative Works

Example: Harry Potter Lexicon

As author, don't give up right to derivative works unless you're compensated appropriately. Real value is often in right to create derivative works.

--Life Stories

--Personal Anecdotes

The Creative Commons is Cool

Info: www.creativecommons.org

You can pre-authorize others to use your work and establish the conditions for that use.

You can locate CC licensed works that you can use in your own work, subject to the defined conditions.

Using Photos

Copyright Issues

Creative Commons License Available?

Other Licenses

Public Domain

--Library of Congress

Rights of Publicity

Basic Premise:

• Everyone has a right to control the commercial use of their name or likeness

• Problem Areas: Advertising, Promotions, Perceived Endorsements

First Amendment Protections:

• Newsworthiness

• Transformative

Resources (More + Links on Blog)

U.S. Copyright Office: www.copyright.gov

• Download many booklets and brochures in PDF

Preventing Scraping in WordPress:• http://www.wpbeginner.com/beginners-guide/beginners-

guide-to-preventing-blog-content-scraping-in-wordpress/