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Copyright and
Free Speech
Brian Rowe J.D.
The Rent
is too
Damn
High!
Girls, Girls,
Girls, do
engineer!
Living in a world of Illegal (?) art
<Background>
Howard Zinn
You Can’t be
Neutral on a
Moving Train
<Copyright 101>
What is Covered by
Copyright?
(1) literary works;
(2) musical works, ...
(3) dramatic works,...
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
Scream
Edvard Munch
Year 1893
Scream
Edvard Munch
Year 1893
Public Domain
Published
Year 1949
1958
Disney
Sleeping Beauty
1898
Henry Meynell Rheam
Sleeping Beauty
Photo from The Ihnatko Archives, circa 1999. of Amanda Palmer
Banksy
Where does Copyright
come from?
US Constitution
Article 1, Section 8, Clause 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:
1710
How Long is Copyright?
Was Copyright
Needed?
Freedom from Monopolies a
Basic Right
17 U.S. Code § 504 - Remedies for infringement:
Damages and profits
Up to $1,000
$150,000 per Work Infringed!
P vs IP
aside
Why?
$
<Fair Use
&
Free Speech>
</2>
§ 107 . Limitations on
exclusive rights: Fair use
</2>
§ 107 . Limitations on exclusive rights: Fair use
The fair use of a copyrighted work, including criticism, comment,
news reporting, teaching, scholarship, or research, is not an
infringement of copyright.
(1) purpose and character of the use,
(2) nature of the work;
(3) amount and substantiality of the portion used in relation to
the work as a whole;
(4) effect of the use upon the potential market
§ 107 . Fair use
(1) Use
(2) Type
(3) How Much
(4) the effect of the use upon the potential market
The Rent is too Damn
High!
The Rent
is too
Damn
High!
<3>
<3>
Good Faith Matters
(2) Type of Work
(3) How much?
(4) Market Effect
Getting Paid
Getting Paid
Getting Paid
Fair Use
Challanges
WLA
Patrick Cariou v. Prince
WLA
contracts issue
ToS
Commercial photography and
videography are prohibited in
the park.
Personal photography is
permitted but may not be used
commercially.
Claes Oldenburg &
Coosje van Bruggen
New Paint
Bias Certain
Speech
Girls, Girls, Girls,
do engineer!
Credits:CC-BY Brian Rowe
Most images were used under my first amendment fair use right
Photo of Rowe by BiPolar Images - Geffrey Gribbin
@Sarterus
