Presentation on theme: "Copyright. US Constitution Article I – Section 8 Congress shall have the power to promote the Progress of Science and useful Arts, by securing for limited."— Presentation transcript:
US Constitution Article I – Section 8 Congress shall have the 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 Copyright originally lasted for 14 years with another 14 year renewal.
What is copyright Protection granted by Federal Law to authors and artists to guard their creative works from theft. Works are protected for the life of the author plus 70 years. A business is the author when one of their employees is the creator. This is called “corporate authorship” or “made for hire”. Protected for 95 years from publication.
What is Public Domain? Public Domain is a work no longer owned by anyone and capable of being used by everyone.
US Constitution Article I – Section 8 Congress shall have the 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
Copyright Law Title 17 of the U.S. Code 17 USC § 102 (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
US Copyright Office A department of the Library of Congress Advises Congress: Intellectual Property Drafting Copyright Legislation Compliance with Multilateral Agreements Berne Convention Works w/Executive Branch Agencies Dept. of State, Dept. of Commerce
Types of Works Protected literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works.
What is not protected? (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
What is not protected? Recipes However, a cookbook is protected Facts Works by the federal government Functional Objects Furniture or Clothing Fashion Designs Perfumes
Patents & Trademarks Patents Protects inventions Trademarks Protects logos or symbols used by organizations and business to represent themselves or their products.
Rights of the Author Right to make copies (Duplication) Right to sell copies (Distribution) Right to adapt into another format, media, or genre Public performance Public display Authors can sell these rights with limits on location, time, or format.
Limits of Author’s Rights First Sale Doctrine Once a copy is sold the author no longer owns the rights to the re-sell of that copy. (Author maintains the right to control reproduction and adaptation.)
Fair Use 17 USC §107 "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
Fair Use “Fair Use” is what allows students, researchers, and scholars to make copies of copyrighted works without penalty. Four factors to determine Fair Use: purpose and character of the use nature of the copyrighted work the amount and substantiality of the portion used in relation to the whole the effect of the use on the potential market
DMCA Digital Millennium Copyright Act Made law in 1998 Section 1201 "prohibits gaining unauthorized access to a work by circumventing a technological protection measure...” Copyright Management System Protects ISP’s from liability for actions by their subscribers if they assist copyright holders in shutting down infringements.