Protecting and Sharing Your Work

PROTECTING AND SHARING YOUR WORKIntellectual Property and Copyright

What is intellectual property?• An idea, invention, or process that derives from the work of the mind or intellect (http://www.merriam-webster.com)

• Key forms of intellectual property• Copyright• Patents• Trademarks• Trade secrets

Source: A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet by Sara Baase

What goes into intellectual property?

•Time•Energy and effort•Real capital•Education•Experience

Source: “Why Intellectual Property Rights Are So Important”by Cameron Chapman

U.S. copyright law gives copyright owner exclusive rights to:

• Make copies of the work• Produce derivative works• Distribute copies• Perform the work in public• Display the work in public• Decide how others can use the work

Source: A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet by Sara Baase and http://www.x4l.org/resources/surfx4l/The%20Basics%20of%20Copyright_HTML/page_02.htm

In its simplest form this means that you cannot copy someone else's work without their permission.

Source: Shrewsbury College of Arts & Technology

With digital technology and the Internet…

•We can all be publishers•Which makes us copyright owners

• It also becomes very easy to copy (infringe) copyrights

Source: A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet by Sara Baase

Source: http://www.epuk.org/The-Curve/456/visual-plagiarism

Klein’s work is on left & Galliano advertisement is on right

American family's web photo ends up as Czech ad

Source: http://www.guardian.co.uk/media/2009/jun/11/smith-family-photo-czech-advertisement

Facebook Statement of Rights and Responsibilities

Sharing Your Content and Information

Case study•Facebook and copyright

Facebook and ordinary photo tagging

•The court held that “[t]here is nothing within the law that requires [one's] permission when someone takes a picture and posts it on a Facebook page. There is nothing that requires [one's] permission when she [is] “tagged” or identified as a person in those pictures.”

Source: http://blog.internetcases.com/2011/03/12/facebook-privacy-photo-tagging-attorney-chicago-lawyer-social-media/

Court To AFP: Pics Aren’t Free Just Because They’re On Twitter

•U.S. District Court Judge William Pauley wrote in his opinion that Twitter’s terms of use “does not clearly confer a right on others to re-use copyrighted postings.”

Source: http://paidcontent.org/article/419-court-to-afp-pics-arent-free-just-because-theyre-on-twitter/

Some tools• Is it Protected by Copyright? http://librarycopyright.net/digitalslider/

•Copyscape http://www.copyscape.com/

•TinEye http://www.tineye.com/

Fair-use doctrine•Copyrighted material can be used without permission of the copyright holder if…• It contributes to the creation of new work (e.g., quoting part of a work in a review)

• It isn’t likely to deprive publishers or authors of income from their work

Source: A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet by Sara Baase

Fair-use doctrine•Possible fair uses

• Criticism• Comment• News reporting• Teaching• Scholarship• Research

Source: A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet by Sara Baase

Four factors to consider for fair use:

1. Purpose and nature of the use

2. Nature of the copyrighted work

3. Amount and significance of the portion used

4. Effect of the use on the potential market for or value of the copyrighted work

Source: A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet by Sara Baase

Video sourceshttp://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale

and

http://www.youtube.com/watch?v=CJn_jC4FNDo

U.S. copyright laws•Everything you write is copyrighted automatically for your lifetime +70 years

•Similar laws exist in other countries

Source: “How to Spread Your Ideas Globally Using Creative Commons License” by Esther Wojcicki

What is Creative Commons?•CC is a nonprofit corporation dedicated to making it easier for people to share and build upon the works of others consistent with copyright.

• It provides free licenses to enable sharing while crediting the creator.

Source: “How to Spread Your Ideas Globally Using Creative Commons License” by Esther Wojcicki

Creative Commons• Permission is pre-authorized – no one has to write to ask for it

• Empowers the spread of your ideas and your name more easily

• If you don’t license your work to be open, it automatically defaults to all rights reserved copyright

Source: “How to Spread Your Ideas Globally Using Creative Commons License” by Esther Wojcicki

Video sourcehttp://creativecommons.org/videos/a-shared-culture

Available for download:

http://bit.ly/mYWPK5

Questions? Comments?