Copyright Copyright andand

Copy Wrong Copy Wrong

Gwen HilliardGwen HilliardJames Steele Accelerated High James Steele Accelerated High

SchoolSchool

Roanoke, TexasRoanoke, Texas

Copyright and Copy WrongCopyright and Copy Wrong

Part 1:Part 1: History of CopyrightHistory of Copyright Part 2:Part 2: Copyright basicsCopyright basics Part 3:Part 3: Use of copyrighted materialUse of copyrighted material Part 4:Part 4: Creative CommonsCreative Commons as as

an alternative to an alternative to traditionaltraditional

copyrighting methods.copyrighting methods.

Part 1Part 1

HistoryHistory

Of CopyrightOf Copyright

The Statute of AnneThe Statute of Anne Enacted April 10, 1710Enacted April 10, 1710 A response to powerful A response to powerful business interests who business interests who had effective control had effective control over the flow of published over the flow of published information in England.information in England. Created as “an act for Created as “an act for the encouragement of the encouragement of learning…”learning…”

Constitution of the United StatesConstitution of the United States““To promote the progress of Science To promote the progress of Science

and the useful Arts, by securing for and the useful Arts, by securing for limited times to authors and limited times to authors and inventors the exclusive right to their inventors the exclusive right to their respective Writings and Discoveries.”respective Writings and Discoveries.”

Article 1, Section 8

Proposed by James Madison at the Constitutional Convention in 1787 and passed unanimously by the

convention.

Federal copyright lawsFederal copyright laws

The first federal copyright law was signed by The first federal copyright law was signed by President George Washington on May 31, President George Washington on May 31, 1790.1790.

THE PHILADELPHIA SPELLING BOOK was THE PHILADELPHIA SPELLING BOOK was registered by the author, John Barry, in the registered by the author, John Barry, in the United States District Court of United States District Court of Pennsylvania on June 8, 1790. It was the Pennsylvania on June 8, 1790. It was the first publication to be granted copyrighted first publication to be granted copyrighted status by the United States government.status by the United States government.

Other Federal (US) lawsOther Federal (US) laws Title 17, United States Code Title 17, United States Code

(17 USC 2319) basic copyright laws(17 USC 2319) basic copyright laws

Sonny Bono Copyright Term Extension Act Sonny Bono Copyright Term Extension Act extended to individual author’s lifetime plus 70 extended to individual author’s lifetime plus 70 years.years.

Digital Millennium Copyright Act (1998) – outlaws Digital Millennium Copyright Act (1998) – outlaws the circumvention of copyright protection methodsthe circumvention of copyright protection methods

TEACH – Technology, Education and Copyright TEACH – Technology, Education and Copyright Harmonization Act (2002) – legalized distance Harmonization Act (2002) – legalized distance educational and other digital uses of copyrighted educational and other digital uses of copyrighted materialmaterial

International law and agreementsInternational law and agreements Berne Convention for the Protection of Literary Berne Convention for the Protection of Literary

and Artistic Works (1886)and Artistic Works (1886)

Guarantees basic rights to authors without regard to inter-Guarantees basic rights to authors without regard to inter-governmental relations.governmental relations.

Initially, the United States refused to be bound by the agreement, Initially, the United States refused to be bound by the agreement, but finally joined the convention in 1989.but finally joined the convention in 1989.

Has been modified several times over the course of its history. Has been modified several times over the course of its history.

The World Intellectual Property Rights Organization established in The World Intellectual Property Rights Organization established in 1967 to administer the various copyright laws and treaties.1967 to administer the various copyright laws and treaties.

Part 2Part 2

CopyrightCopyright

BasicsBasics

A copyright owner has the A copyright owner has the exclusive right to:exclusive right to:

REPRODUCE the work REPRODUCE the work prepare DERIVATIVE WORKS based upon the prepare DERIVATIVE WORKS based upon the

original workoriginal work DISTRIBUTE copies of the work by sale, loan, DISTRIBUTE copies of the work by sale, loan,

rental, or giftrental, or gift DISPLAY the work, publicly or privatelyDISPLAY the work, publicly or privately

(movie, artwork, musicals, etc.)(movie, artwork, musicals, etc.) PERFORM the work, publicly or privatelyPERFORM the work, publicly or privately

(plays, choreography, audio-visual works, (plays, choreography, audio-visual works, etc.)etc.)

A copyright owner also has the right to:A copyright owner also has the right to:

In the case of sound recordings: to In the case of sound recordings: to PERFORM the work publicly by means of PERFORM the work publicly by means of a digital audio transmission.a digital audio transmission.

In the case of visual arts: REQUIRE the In the case of visual arts: REQUIRE the works be displayed in such a way to works be displayed in such a way to maintain the integrity of the work, as maintain the integrity of the work, as well as requiring attribution of the work.well as requiring attribution of the work.

What CAN be copyrighted?What CAN be copyrighted? Literary worksLiterary works

Musical works including any accompanying wordsMusical works including any accompanying words

Dramatic works, including any accompanying musicDramatic works, including any accompanying music

Pantomimes and choreographic worksPantomimes and choreographic works

Pictorial, graphic, and sculptural worksPictorial, graphic, and sculptural works

Motion pictures and other audio-visual worksMotion pictures and other audio-visual works

Sound recordingsSound recordings

Architectural worksArchitectural works

What CAN NOT be copyrighted?What CAN NOT be copyrighted?

Works that have not been FIXED in Works that have not been FIXED in tangible form (works in progress, tangible form (works in progress, speeches or performances that have speeches or performances that have not been written or recorded)not been written or recorded)

Titles, names, short phrases, slogansTitles, names, short phrases, slogans Familiar symbols or designsFamiliar symbols or designs Lettering or coloringLettering or coloring Listings of ingredients or contentsListings of ingredients or contents

What CAN NOT be copyrighted?What CAN NOT be copyrighted?

Works consisting entirely of Works consisting entirely of information that is common property information that is common property (public domain) and contain no original (public domain) and contain no original authorship:authorship:

Standard calendarsStandard calendars

Height/weight chartsHeight/weight charts

Tape measures and rulersTape measures and rulers

Weather reports and observationsWeather reports and observations

How long does copyright protection last?How long does copyright protection last?

For individual works created after For individual works created after 1/1/781/1/78

lifetime of the author plus 70 yearslifetime of the author plus 70 years

For jointly produced works after 1/1/78For jointly produced works after 1/1/78 lifetime of the authors plus 70 years after the lifetime of the authors plus 70 years after the

surviving author’s deathsurviving author’s death

For works for hire:For works for hire:95 years from publication OR95 years from publication OR120 years from creation – whichever is shorter120 years from creation – whichever is shorter

How does a person secure a How does a person secure a copyright?copyright?

Copyright is secured AUTOMATICALLYCopyright is secured AUTOMATICALLY when a work is when a work is CREATED.CREATED.

A work is A work is CREATED CREATED when it is fixed in a when it is fixed in a copy or phono record for the first time.copy or phono record for the first time.

A A COPYCOPY is a material object from which a is a material object from which a work can be read or visually perceived, work can be read or visually perceived, either directly or with the aid of a machine either directly or with the aid of a machine or device.or device.

Copyright NoticeCopyright Notice Public notice that a work is copyrightedPublic notice that a work is copyrighted

The symbol ©, the word “Copyright” or The symbol ©, the word “Copyright” or the abbreviation “Copr”, andthe abbreviation “Copr”, and

The year of first publication, andThe year of first publication, and The name of the owner of the copyright.The name of the owner of the copyright.

© 2005 John Doe and Associates, Inc.© 2005 John Doe and Associates, Inc.

Copyright 2005 Jane DoeCopyright 2005 Jane Doe

Copyright NoticeCopyright Notice Public notice that a work is copyrightedPublic notice that a work is copyrighted

The use of a copyright notice is no The use of a copyright notice is no longer REQUIRED under U.S. federal longer REQUIRED under U.S. federal law, but its use is beneficial to the law, but its use is beneficial to the copyright holder.copyright holder.

Notice WAS required under the 1976 Notice WAS required under the 1976 Copyright Act, but that was Copyright Act, but that was eliminated when the U.S. joined the eliminated when the U.S. joined the Berne Convention in 1989.Berne Convention in 1989.

Advantages of the Copyright NoticeAdvantages of the Copyright Notice

Informs the public that a work is Informs the public that a work is copyrighted.copyrighted.

Identifies the copyright owner.Identifies the copyright owner.

Establishes the year of first publication.Establishes the year of first publication.

Rebuts a defendant’s defense that they Rebuts a defendant’s defense that they didn’t know that a work was copyrighted.didn’t know that a work was copyrighted.

Copyright RegistrationCopyright Registration

Registration with the Copyright Office is NOT Registration with the Copyright Office is NOT required, but has several advantages for the required, but has several advantages for the copyright owner:copyright owner:

Establishes a public record of the copyright claimEstablishes a public record of the copyright claim

Is required before an infringement suit can be filed Is required before an infringement suit can be filed in federal courtin federal court

If made before or within 5 years of publication, If made before or within 5 years of publication, registration establishes registration establishes prima facieprima facie evidence in evidence in court of the validity of the copyright and the facts court of the validity of the copyright and the facts stated in the copyright certificate.stated in the copyright certificate.

Copyright RegistrationCopyright Registration If registration is made within 3 months of If registration is made within 3 months of

the publication of the work, or prior to an the publication of the work, or prior to an infringement of the work, statutory infringement of the work, statutory damages and attorney’s fees will be damages and attorney’s fees will be awarded to the copyright owner in court awarded to the copyright owner in court actions. Otherwise, only the amount of actions. Otherwise, only the amount of the actual damages and profits is the actual damages and profits is available.available.

Owners of registered copyrighted material Owners of registered copyrighted material may request the assistance of the U.S. may request the assistance of the U.S. Customs Service for protection against the Customs Service for protection against the importation of infringing copies.importation of infringing copies.

Part 3Part 3

Using Copyrighted Using Copyrighted MaterialMaterial

The The Fair UseFair Use doctrine doctrine

17 USC 2319 Section 10717 USC 2319 Section 107Limitations on exclusive rights: Limitations on exclusive rights: Fair UseFair Use

What, Oh Wise One, is “Fair Use”?

Section 107 says:Section 107 says:“… “… the fair use of a copyrighted work, including such the fair use of a copyrighted work, including such

use by reproduction in copies… for purposes such use by reproduction in copies… for purposes such as:as:

criticismcriticism commentcomment news reportingnews reporting teaching teaching (including multiple copies for classroom use)(including multiple copies for classroom use) scholarship, orscholarship, or researchresearch

is NOT an infringement of copyright.” is NOT an infringement of copyright.”

Fair Use factorsFair Use factors

the purpose and character of the use, the purpose and character of the use, including whether such use is of including whether such use is of commercial nature or is for nonprofit commercial nature or is for nonprofit educational purposes;educational purposes;

the nature of the copyrighted work;the nature of the copyrighted work; amount and substantiality of the portion amount and substantiality of the portion

used in relation to the copyrighted work used in relation to the copyrighted work as a whole; and as a whole; and

the effect of the use upon the potential the effect of the use upon the potential market for or value of the copyrighted market for or value of the copyrighted work. work.

Purpose and Character of UsePurpose and Character of Use

Congress favors nonprofit educational Congress favors nonprofit educational use over commercial (for profit) use.use over commercial (for profit) use.

““Profit” is a broad and inclusive termProfit” is a broad and inclusive term

Transformative uses are favored:Transformative uses are favored:

(example: quotes in a newspaper or (example: quotes in a newspaper or commentary)commentary)

The Nature of the workThe Nature of the work

Is the original “worthy of copyright Is the original “worthy of copyright protection?”protection?”

Compilations of fact receive less Compilations of fact receive less protection than imaginative worksprotection than imaginative works

Unpublished works are also Unpublished works are also protectedprotected

The Amount and Substantiality of The Amount and Substantiality of the Portionthe Portion

Quantity, as defined in relation to Quantity, as defined in relation to length and the amount needed to be length and the amount needed to be usedused

““heart” of work consideration… heart” of work consideration… anything that is central to the work is anything that is central to the work is more protected than little parts which more protected than little parts which add nothing to the workadd nothing to the work

Effect and Use upon the Potential Effect and Use upon the Potential MarketMarket

Is there a ready market for the Is there a ready market for the original work?original work?

Is your use repeated or long term?Is your use repeated or long term? Does the copy fulfill demand for the Does the copy fulfill demand for the

original?original? Are you making use for which the Are you making use for which the

original would have been otherwise original would have been otherwise used?used?

Section 110 – Face to FaceSection 110 – Face to Face

Allows educators Allows educators face-to-face use of face-to-face use of

copyrighted materials copyrighted materials for use in the classroom for use in the classroom

(including distance (including distance education).education).

Good Faith DefenseGood Faith Defense The user had a reasonable belief that The user had a reasonable belief that

the use was within the Fair Use the use was within the Fair Use guidelines, andguidelines, and

The user was an educational The user was an educational employee or student in an employee or student in an educational institution, andeducational institution, and

The user is knowledgeable about the The user is knowledgeable about the basics of Fair Use and Copyright law.basics of Fair Use and Copyright law.

Caution:Caution:

The distinction between “fair use” and The distinction between “fair use” and infringement may be unclear and not infringement may be unclear and not easily defined. There is no specific easily defined. There is no specific number of words, lines, or notes that number of words, lines, or notes that may safely be taken without may safely be taken without permission. permission.

Acknowledging the source of the Acknowledging the source of the copyrighted material does not copyrighted material does not substitute for obtaining permission. substitute for obtaining permission.

GuidelinesGuidelines

Various groups have published Various groups have published guidelines for determining fair use, guidelines for determining fair use, for everything from multimedia to for everything from multimedia to classroom use.classroom use.

The guidelines are NOT law.The guidelines are NOT law. Guidelines may ASSIST in your Guidelines may ASSIST in your

determination of fiar use, but may determination of fiar use, but may also unduly restrict your freedom to also unduly restrict your freedom to use copyrighted materials.use copyrighted materials.

Specific Fair UseSpecific Fair Use

Guidelines for Guidelines for

Multimedia worksMultimedia works

Film/VideoFilm/Video(motion media)(motion media)

10% of the total, or10% of the total, orUp to 3 minutesUp to 3 minutes

Whichever is LESSWhichever is LESS

Music / Lyrics / Music VideoMusic / Lyrics / Music Video

10% of the total, or10% of the total, or Up to 30 secondsUp to 30 seconds

Whichever is LESSWhichever is LESS

Additionally: No change to the melody Additionally: No change to the melody or fundamental character of the workor fundamental character of the work

TextText

10% of the total, or10% of the total, orUp to 1,000 wordsUp to 1,000 words

Whichever is LESSWhichever is LESS

PoetryPoetry If poem is LESS than 250 words, the If poem is LESS than 250 words, the

entire poem can be used.entire poem can be used.

If poem is MORE than 250 words, If poem is MORE than 250 words, then:then:

10% or10% or Up to 1,000 words Up to 1,000 words

Whichever is LESSWhichever is LESS

Photographs and IllustrationsPhotographs and Illustrations

Must use the complete image.Must use the complete image. May use up to five (5) images from May use up to five (5) images from

any one artist from any one source.any one artist from any one source.

If the source is a collection of the If the source is a collection of the complete works of a particular artist, complete works of a particular artist, then you may use up to 15 from that then you may use up to 15 from that collection.collection.

PenaltiesPenalties

Both civil and criminalBoth civil and criminal $150,000 per occurrence for willful $150,000 per occurrence for willful

useuse $30,000 statutory damages, $30,000 statutory damages,

regardless of actual damagesregardless of actual damages All profitsAll profits Attorney feesAttorney fees

Part 4Part 4

Creative CommonsCreative Commons

Creative CommonsCreative Commons

The Creative Commons enables The Creative Commons enables copyrightcopyright holders to grant some of their rights to the holders to grant some of their rights to the public while retaining others through a public while retaining others through a variety of licensing and contract schemes variety of licensing and contract schemes including dedication to the including dedication to the public domainpublic domain or open content licensing terms.or open content licensing terms.

The intention is to avoid the problems The intention is to avoid the problems current copyright laws create for the current copyright laws create for the sharing of information. sharing of information.

History of Creative CommonsHistory of Creative Commons

Headquartered in San Francisco, Creative Headquartered in San Francisco, Creative Commons was officially launched in 2001. Commons was officially launched in 2001.

Lawrence Lessig, the founder and chairman, Lawrence Lessig, the founder and chairman, started the organization as an additional started the organization as an additional method of achieving the goals of his method of achieving the goals of his Supreme Court case, Supreme Court case, Eldred v. AshcroftEldred v. Ashcroft. .

Lessig was one of the people who challenged Lessig was one of the people who challenged the constitutionality of the Sonny Bono the constitutionality of the Sonny Bono Copyright Term Extension Act (1988) Copyright Term Extension Act (1988) which kept material in private hands 20 which kept material in private hands 20 years longer than it had before the CTEA.years longer than it had before the CTEA.

Eldred v. AshcroftEldred v. Ashcroft

Lessig (et al) argued that:Lessig (et al) argued that: 1. By retroactively extending copyright terms, 1. By retroactively extending copyright terms,

Congress had violated the requirements of the Congress had violated the requirements of the Constitution's Copyright Clause, which gives Constitution's Copyright Clause, which gives Congress the following power:Congress the following power:

To promote the Progress of Science and useful Arts, To promote the Progress of Science and useful Arts, by securingby securing for limited Timesfor limited Times to Authors and to Authors and Inventors the exclusive Right to their respective Inventors the exclusive Right to their respective Writings and DiscoveriesWritings and Discoveries [emphasis added] [emphasis added]

Plaintiffs argued that by reading this Plaintiffs argued that by reading this formulation so as to allow for any number of formulation so as to allow for any number of retroactive extensions, Congress could in retroactive extensions, Congress could in practice guarantee an unlimited period of practice guarantee an unlimited period of copyright protection, thus thwarting the intent copyright protection, thus thwarting the intent of the clause.of the clause.

Eldred v. AshcroftEldred v. Ashcroft 2. That any copyright law must be subject 2. That any copyright law must be subject

to scrutiny under the First Amendment, to scrutiny under the First Amendment, thereby insuring a balance between thereby insuring a balance between freedom of speech and the interests of freedom of speech and the interests of copyright.copyright.

3. That the doctrine of public trust requires 3. That the doctrine of public trust requires the government to show a public benefit to the government to show a public benefit to any transfer of public property into private any transfer of public property into private hands, and that the CTEA violates this hands, and that the CTEA violates this doctrine by withdrawing material from the doctrine by withdrawing material from the public domain.public domain.

The Supreme Court ruled…The Supreme Court ruled…

By a vote of 7-2, the Supreme Court ruled By a vote of 7-2, the Supreme Court ruled that Congress had precedent to extend that Congress had precedent to extend copyright terms and had not infringed upon copyright terms and had not infringed upon the 1the 1stst amendment by extending copyright amendment by extending copyright terms.terms.

Lessig later said that he regretted not Lessig later said that he regretted not arguing that the extension of copyright arguing that the extension of copyright protection, rather than allowing works to fall protection, rather than allowing works to fall into the public domain, would cause harm to into the public domain, would cause harm to the economic health of the country.the economic health of the country.

So, what IS a Creative Commons So, what IS a Creative Commons license?license?

With a Creative Commons With a Creative Commons license, license, you keep your you keep your

copyrightcopyright but allow people but allow people to copy and distribute your to copy and distribute your

work provided they give you work provided they give you credit -- and only on the credit -- and only on the conditions you specify.conditions you specify.

All Creative Commons licenses have many All Creative Commons licenses have many important features in common. important features in common.

Every license will help you Every license will help you retain your copyright retain your copyright announce that other people's fair use, first announce that other people's fair use, first

sale, and free expression rights are not sale, and free expression rights are not affected by the license. affected by the license.

Every license requires licensees Every license requires licensees to get your permission to do any of the things to get your permission to do any of the things

you choose to restrict — e.g., make a you choose to restrict — e.g., make a commercial use, create a derivative work; commercial use, create a derivative work;

to keep any copyright notice intact on all to keep any copyright notice intact on all copies of your work; copies of your work;

to link to your license from copies of the work; to link to your license from copies of the work; not to alter the terms of the license not to alter the terms of the license

Every license allows licensees, provided they live up to Every license allows licensees, provided they live up to your conditions, your conditions,

to copy the work to copy the work to distribute it to distribute it to display or perform it publicly to display or perform it publicly to make digital public performances of it (e.g., to make digital public performances of it (e.g.,

webcasting) webcasting) to shift the work into another format as a verbatim to shift the work into another format as a verbatim

copycopy

Every license Every license applies worldwide applies worldwide lasts for the duration of the work's copyright lasts for the duration of the work's copyright is not revocable is not revocable

Types of LicensesTypes of Licenses

AttributionAttribution must give author creditmust give author credit

Share-AlikeShare-Alike must allow others to must allow others to use use their work as welltheir work as well

No DerivativesNo Derivatives No changes allowedNo changes allowed

Non-commercialNon-commercial Can not chargeCan not charge

Creative Commons also offers:Creative Commons also offers: Public Domain Dedication – releases Public Domain Dedication – releases

the work into the public domain and the work into the public domain and restricts anyone else from restricts anyone else from copyrighting the workcopyrighting the work

Sampling License – allows others to Sampling License – allows others to use a part of the original workuse a part of the original work

Founder’s Copyright – allows an Founder’s Copyright – allows an author to select a 14 year or 28 year author to select a 14 year or 28 year copyright, similar to that which was copyright, similar to that which was originally offered under U.S. laworiginally offered under U.S. law

For more informationFor more information

www.creativecommons.orwww.creativecommons.orgg

That’s all,That’s all,

folks!folks!