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By Prof. Mark Grabowskiwww.markgrabowski.com
Copyright Infringement Using someone else’s original work without obtaining the copyright owner’s permission.
Original work is being created now more than ever thanks to the Internet…
…But the Internet also creates challenges for copyright
We’ll cover…
•What can I use what can I use? •What can I prevent others
from using?
U.S. Constitution, Article I
Purpose of Copyright• Progress/Advancement of Arts & Sciences – Recognized by framers of Constitution • Reward creative efforts • Encourage societal knowledge
Copyright DefinedIn order to qualify for copyright protection, a work must be:
(1) original (2) fixed in a tangible form (3) show at least a minimal amount of
creativity.
Note: a work need not state it’s copyrighted or have the © symbol to be copyrighted.
Copyright can protect:
• Photos• Stories• Illustrations• Logos• Even wallpaper
Copyright does not generally protect:
•Facts/ideas•Most federal governmental records•Works in public domain (e.g. copyright expired)•Odds & Ends (titles,•slogans, short phrases,•familiar symbols, etc.)
What’s not copyrightable
• Facts• Government documents• Older works whose copyright expired• Works that lack sufficient creativity– Titles, short phrases, common phrases, lists of
ingredients
Copyright law protectsmaterial on the Internet!
The General RuleIf you didn’t create it and/or you don’t own the copyright to it, you must get permission to use it
Except…
Fair Use: An Exception to the Rule• Using a limited amount of a copyrighted
work for news, educational or informational purposes without consent may be permissible as a “fair use”• Not every use by a media or educational
organization is a fair use
How Courts Determine Fair Use
1. What is the purpose and character of the use?
2. What is the nature of the copyright-protected work?
3. How much of the original work is used? 4. Most important: What is the effect of the use
on the potential market value of the original work?
Other things to remember about copyright law• Law requires permission from copyright
owner, not just attribution• Protects the works you create as well as those
you may want to use• Ignorance of the law is not a defense
Two other issues
• Contributory infringement: you can be held liable if you help facilitate/aid someone else breaking copyright law (e.g. Napster/Aereo).
• Felony copyright infringement: knowingly copying and distributing at least 10 copies of something worth $2,500-plus within an 6 month period can land you in prison (e.g movie screener pirating).
About the PresenterMark Grabowski is an associate professor at Adelphi University in New York, where he teaches Internet Law. Previously, he worked as a lawyer and a journalist. He holds a J.D. from Georgetown Law. For more information, visit markgrabowski.com or email [email protected].
Sources• Student Press Law Center,
“Copyright and Fair Use”• U.S. Copyright Office• Creative Commons• Stockvault• Flickr
