Copyright Pals Day

CopyrightCopyright

This work is licensed under a Creative Commons Attribution Noncommercial Share Alike 3.0 License.

United States Congress, United States Congress, Article 1, section 8 clause 8:Article 1, section 8 clause 8:

Congress shall have power: 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

Notice that the promotion of progress is stressed, “profit” is never explicitly mentioned, and the amount of time is not specified

Copyright Copyright LawLaw

Copyright law protects creative works or works of authorship.This includes books, newspapers and other writings,

music, art, photography, films, choreography, architecture, computer software and maps.

Copyright law grants exclusive rights to the copyright owner, including:Reproduction rights, distribution rights, right to creative

adaptations or derivative works, performance and display rights.

Copyright law does not Copyright law does not protectprotect

Facts

Ideas – a work must be fixed in a “tangible medium of expression”.

Things which are in the public domain, either because the copyright has expired or because it was dedicated to the public domain.– If something is taken from the public domain and added to,

only the new “original” material qualifies for copyright.

Works created by US government employees, blank forms, laws and court decisions, recipes, words and most short phrases, and “common property” works such as calendars.

Obtaining copyright Obtaining copyright protectionprotection

Registration is not required, but:– You’ll need to register your work before

being able to enforce your claims in a court of law.

– If you have registered your work within the first 3 months of publishing, and you win a lawsuit, you may ask for your legal fees to be covered by the other party.

How to register your work– Request a registration form from the

Copyright Office, housed in the Library of Congress. Their website is http://www.loc.gov/copyright

– Return the form with the required filing fee and requested copies of the work. In 12-16 weeks you should receive a certificate of registration.

Copyright noticeCopyright notice

Additionally, though not required, it is a good idea to put a notice of copyright on your work.

The notice contains either ©, or the word Copyright, or both, followed by the year of publication and the copyright owner. It might look something like this: Copyright 2007 Jennifer DeJonghe

If the notice is visible on the work, a defendant may not use an “innocent infringement” defense.

Why have copyright?Why have copyright?Copyright law is designed to

advance the progress of knowledge by protecting an author’s ability to profit from their creativity

Too little copyright protection would encourage “piracy” which may discourage artistic creation and would hinder the growth of knowledge– Too much copyright protection

could also freeze new authorship and hinder the growth of knowledge. Or it would put new knowledge only in the hands of the rich

Selling or transferring the rights to Selling or transferring the rights to your workyour work

There are many “rights” that you can sell or transfer through a contract, such as:– First North American Serial Rights

(FNASR) = the right to publish your work first in North America, after which the copyright reverts to you.

– All Rights = selling or transferring all rights to your work for the duration of copyright – you give up all right to profit off that work again.

If you die, your rights pass on to your heirs.

The “Fair Use” exception to The “Fair Use” exception to copyright protection copyright protection

(section 107 of copyright (section 107 of copyright code)code)

Designed to encourage the advancement of knowledge and free flow of ideas

Allows use of copyrighted material without permission for educational and research purposes, news reporting and criticism in certain conditions and if the value of the copyrighted work is not diminished.

The following factors are The following factors are considered when Fair Use is considered when Fair Use is

claimed:claimed:The purpose and character of the use. The

more “transformative” the work is, the more justified the fair use claim.

The type of work involved. More protection is given to works of fancy, and less to works of research and factual works.

The amount and importance of the material used – whether the material used reflects the “heart” of the work.

The effect of use on potential market.

Teach Act of 2002 (Technology, Education and Copyright

Harmonization Act)

Improved section 110(2) of copyright code to allow Fair Use of works in distance education courses (110(1) deals with performance rights)

Imposes heavy restrictions on the institution to ensure protection of digital transmissions – institutions are more responsible than individuals

Copyrighted material must be held behind closed systems (a CMS, Docutek)

Alternatively, instructors can link to articles in library databases

The Value of the Public Domain

When copyright protection on a work expires it becomes part of the public domain.

Many great works, such as the works of Shakespeare, are now in the public domain, and you can adapt them, perform them etc. without paying for rights. You can use the music of Beethoven in your film score without paying.– Of all the major Disney animated movies, it is

believed that only Dumbo and Lady and the Tramp involved paying for rights. The rest of the stories came from the public domain.

Copyright free/ license free material can be “mashed up” into new creations.

Copyright Term Extension Act Copyright Term Extension Act (CTEA) of 1998(CTEA) of 1998

Also known as the Sony Bono law or the Mickey Mouse Protection Act

Extended copyright protection by 20 years. Is now life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever endpoint is earlier

To determine when something goes into the public domain, you can use a chart here: http://www.copyright.cornell.edu/public_domain/

The Digital Millennium The Digital Millennium Copyright Act (DMCA) of 1998Copyright Act (DMCA) of 1998

The DCMA Increases copyright protection for works transmitted over the internet.If a copyright owner finds that their work is being used without

their permission and compensation, the website, the ISP, search engines etc. can all be served with DMCA takedown notices.

Search Engines, ISPs etc. are protected from liability, as long as they comply with the takedown requests.

The DCMA Criminalizes efforts to circumvent DRM technology.

DRM is technology that is used to protect copyrighted material online. It is used by iTunes, Netflix etc.

Criticism of the DMCACriticism of the DMCA

Some believe that it is too easy to make copyright challenges, and too difficult to fight a takedown notice.

Software research and cryptography may be stifled and DRM software may be uncompetititive due to the protections.

The DMCA undermines the “First Sale” doctrine of the US copyright act, which allows you to do what you choose with a purchased item – such as sell, copy, or print it.

License to useLicense to useSome companies are being accused of using

“click wrap” licenses to control access to public domain work, or to further increase copyright protection

Lexis nexis, ebooks etc., may use license to use instead of copyright, possibly to circumvent “fair use” and “first sale” doctrines.

Music licenses are controlled by ASCAP/ BMI, which makes sure artists are paid if their music is broadcast or performed. For example, coffee shops and other businesses must pay one of these companies if they play the radio for patrons or if a musician plays a cover song at their establishment

Role of Libraries

Educators or police?Protectors of fair use –

basis for library existenceNegotiating with publishers

& database vendors over rights & licenses

Disseminating info about deep links to articles and alternatives to copyrighted material