SxSW Interactive 2016 Proposal- Copyright: Unleashing or Confining Creativity?

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  1. 1. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Copyright:Copyright: Unleashing or Confining Creativity?Unleashing or Confining Creativity? Tanya Curcio- Vorys, Sater, Seymour and Pease, LLP Bobby Facundus- Tongal, Inc. Christopher Reed- Fox Entertainment Group, Inc.
  2. 2. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. What is a Copyright? Text Websites Photographs Graphic Designs Art Advertising Packaging/Labels Software Architecture Music/Lyrics Sound Recordings Audio Visual Works 2 Protects Original Works of Authorship Fixed in a Tangible Medium of Expression
  3. 3. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. What Copyright Does NOT Protect? Ideas Concepts Storylines Short Phrases Recipes Name and Likeness Works prepared by Federal Government Employees 3
  4. 4. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Copyright Basics: Getting Us All on the Same Page Ownership vests in author except: Work-for-Hire which is: Employee within scope of employment One of 8 enumerated types of works plus written agreement Protection upon creation and fixation of an original work to: Reproduce, distribute, make derivatives, display, perform and transmit Duration: Post-1978 Works: Life plus 70 or for work for hire/anonymous/pseudonym created works- greater of 95 years from publication or 120 years from creation Pre-1978 Works: its complicated! 4
  5. 5. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Current Law: Copyright Act of 1976! Current and 1976 The Conundrum Drafting began in 1950s Enacted in 1976 Effective 1978 What didnt exist during the process: color television (when drafting began) fax personal computers internet cell phones 5
  6. 6. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Does Copyright Law Unleash Creativity? Incentive to Create is the stated purpose Builds value and creates assets Forces creativity to avoid infringement Discuss How Copyright Unleashes Creativity Creative Commons Right to freely distribute with stipulations New Technology and Business Models Music sampling and content distribution 3D printing 6
  7. 7. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Does Copyright Law Confine Creativity? Discuss How Copyright Hinders Creativity Permissions Fair Use Intended to enable creativity but now difficult to determine risk New Business Models Napster/Spotify/Kindle ect. Tongal New Technology Music sampling and content distribution 3D printing 7
  8. 8. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Teaching an Old Law New Tricks 8 Legislation DMCA 1980 Amendment to add definition of computer program Litigation Photography Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) Software Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240 (3d Cir. 1983)
  9. 9. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. A Copyright Disguised as a Trademark 9 Protects Words, Phrases, Symbols or Devices Used in Commerce in connection with Goods or Services
  10. 10. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. A Copyright Disguised as a Patent 10 Exclusive right for a limited time to exclude others from making, selling, or importing protected item Creative design elements Figurines that are lamps Watches with design elements Software
  11. 11. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. A Copyright Disguised as a Trade Secret Not generally known or reasonably ascertained information that gives an economic advantage If not protected by Copyright perhaps Trade Secret Formula Processes Methods Recipes Customer Lists MUST BE KEPT SECRET!MUST BE KEPT SECRET! 11
  12. 12. Copyright 2015, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Continuing the Conversation Questions and Comments 12