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Copyright•Its origin, and the “American version”•20th century developments•Journalism and the Internet
Copyright:
Origin•England – 1500’s•Monarchy gave rights to those who printed the books so they could control the information
Copyright:“american” version
•1789 - The United States Constitution
“Section 8 - Powers of Congress:The Congress shall have the power …
… 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries …. “
Copyright:20th century
•Copyright Law of 1909 – original copyright law; published works only•Copyright Law of 1976 – all works covered•1998 – Digital Millenium Copyright Act
Copyright:“american” version
•U.S. Code – Title 17
Fair Use
Copyright: Fair Use
Use of information for the purposes of
criticism, comment, news reporting,
teaching, scholarship, or research.
Copyright: Fair Use
Courts consider the following:
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
(2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for
or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Copyright:
•1983 - President Ford’s memoirs•1984- 2 Live Crew parody•2000 - King Estate vs CBS
Violations or “fair use”?
President Ford’s memoirs
• The Nation published an excerpt
• Was before publication
• Court ruled that they had published the “heart” of the book
2 Live Crew’s
parody • Did parody of the song “Oh Pretty Woman”
• Were sued by the original record company
• Parodies are usually considered to be “fair use”
King Estate vs
CBS • Dr. King filed for copyright three weeks after giving the speech
• First court ruled in favor of CBS
• Overturned on appeal
Copyright:
• Information is easy to locate and use• International information is readily available• BUT: International copyright law is more restrictive than U.S. law
The digital age
Internet copyright MYTHS:
• “If it’s on the Internet, it’s okay to use it.”
FACT: Internet information is protected by the same law as printed information.
•“If it doesn’t have a copyright notice on it, then it’s in the “public domain” and it’s okay to use it.”
FACT: No printed notice is needed.
Internet copyright MYTHS:
• “You have to register something to get the copyright to it.”
FACT: No registration is needed.
•“If no one makes any money from it, it’s okay to use it.”
•FACT: Profit is not the only determining factor in any copyright
case
Internet copyright myths:
• “They own that name.” (I.e., “Apple Records”)
FACT: Names cannot be copyrighted (but trademarks can).• “It’s not really a crime to use just a photo or a cartoon character from a website.”
FACT: Using protected material without permission is a violation of federal law.•
Internet copyright myths:• “They e-mailed me this, so I can use it.”
FACT: E-mail is covered by copyright just as any other material is that is
“fixed in tangible form.”•“I can put this website on my website if it’s in a
frame and people know it’s not mine.”
FACT: You can only provide a link to another website