Digital Rights and PermissionsNew Challenges

Richard Stim

06/02/2010

Copyright & Licensing

copyright and licensing

The business perspective

POV = CYA

digital rights, why?

• Archival• Access• Sales • Repurpose

COPYRIGHT > DIGITAL RIGHTS

Licensing = permission

Mutual symbiosis

An Egyptian Plover picking the teeth of a Nile crocodile

Licensing

Copyright

2 paths

Granting Rights

Granting Rights

Seeking Rights

what is copyright, really?

The “limited” monopoly

property rights vs.

access rights

company attitudes

To print another Man’s copy is much worse than robbing him on the Highway; for the Thief takes only what he finds about him, but the Pyrate Printer takes away his inheritance… Daniel DeFoe

four things

creation = ownership

Joint works

Derivative works

Compilations

The creator is not the owner if …..

digital compilationsFreelance consent to compilation

Freelance consent to compilation

But doesn’t equal consent to database

But doesn’t equal consent to database

equals consent to CD-ROM and online “intact” republication

equals consent to CD-ROM and online “intact” republication

ownership CYAdo the

research

do the research

ask for

proofask for

proof

use the

contractuse the

contract

registration

REGISTER

RESEARCH

register your work

research the records

CYA!!!

It’s never been easier ….

he said it was easy

Resources – Insert FTC Disclaimer

fair use & public domainLimitations Affected by Licensing

Fair usePublic domain

First sale doctrine

Educational and related performance use publicly visible architectural works

Compulsory licensesComputer software copies

Sovereign immunity

the public domain•Works published in U.S. before 1923

•Works published from 1923 through 1963 and not renewed

•Published before 3/1/1989 without copyright notice

•Unpublished works created over 120 years agoForeign is differentForeign is different

when the public owns the work

usefair

5. are you good or are

you bad?

transformative

Blanch’s use: “to show some sort of erotic sense” and get “more of a sexuality to the photographs,”

Koons use: “ fodder for his commentary on the social and aesthetic consequences of mass media.”

Blanch’s use: “to show some sort of erotic sense” and get “more of a sexuality to the photographs,”

Koons use: “ fodder for his commentary on the social and aesthetic consequences of mass media.”

Not transformative

you can’t afford to win

Infringement is …• Infringement: Stepping on exclusive rights

• Removing copyright notice

• Circumventing copy protection - DMCA

• Non-copyright claims - Breaching license agreements, right of publicity, trademark, etc.

… anything you can get away with

litigationDid this guy really go to law school?

Counselor, you’ve got

to be

kidding

Plans are useless

1. Research parties/law2. Notify insurers3. Preserve docs 4. Confer with attorney5. Consider PR

1. Research parties/law2. Notify insurers3. Preserve docs 4. Confer with attorney5. Consider PR

unclear & uncertaincreative solutions needed

licensing

Owner/Licensor

User/Licensee

digital licensing

Exploitation/Revenue

Protection/Limitation

Licensing takeaway 1:what are the risks?

Licensing takeaway 2: are you getting what you paid for?

Licensing takeaway 3:do you understand the agreement?

the right choices

winging it …

this is not a test

The end