1 Copyright Laws

2 Terms Copyright Fair Use Derivative Parody Trademark Sampling Infringement Public Domain

3 Copyright Definition A form of protection, authorized by the United States Constitution, that gives photographers, artists, authors, musicians, choreographers and architects the exclusive right to use and reproduce their works.

4 Copyright Main Purposes Protection of the author’s right to obtain commercial benefit from valuable work (remuneration) Protection of the author’s general right to control how a work is used

5 What it Protects Advertising layouts Choreographic works Maps Motion pictures Musical scores & lyrics Paintings Pantomimes Photographs Poetry Scripts Sculptures Videotapes Sound recordings Architectural works

6 What cannot be copyrighted Facts Historical information Ideas Processes (can be patented) Inventions (can be patented) Trademarks (fall under trademark law) Works not fixed in tangible form

7 Copyright holder’s rights To reproduce the work To perform it publicly To prepare derivative works To publicly display the work To distribute it To sell/license the work

8 Multimedia Projects Restrictions when holder’s permission has not be obtained Use up to 10% or 3 minutes maximum of motion media Use up to 10% or 30 seconds maximum of music and lyrics Use no more than 5 images from one artist or photographer Use no more than 10% or 15 images total from published collective work

9 Fair Use Definition Any copying of copyrighted material done for a limited purpose such as to comment upon, criticize or parody a copyrighted work.

10 Fair Use and Multimedia Fair use of copyrighted material in multimedia projects lasts for two (2) years only. After two years, permission must be obtain before using the project again.

11 Tips for the Internet Always credit the source of your information Find out if the author of a work provides information on how to use his/her work. If explicit guidelines exist, follow them Whenever feasible, ask the owner of the copyright for permission

12 Student Guidelines May incorporate portions of copyrighted materials when producing a project for a specific course May perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school

13 Copyright & Electronic Publishing The same copyright protections exist for the author of a work regardless of whether the work is in a database, CD-ROM, bulletin board, or on the Internet

14 If you make a copy from an electronic source, such as the Internet, or WWW, for your personal use, it is likely to be seen as fair use. However, if you make a copy and put it on your personal web site, it less likely to be considered fair use. Copyright & Electronic Publishing

15 The Internet IS NOT public domain. There are both uncopyrighted and copyrighted materials available. Assume a work is copyrighted. Copyright & Electronic Publishing

16 Fair Use Analysis Most fair use analysis falls into two categories: – commentary and criticism – parody

17 Commentary and Criticism Examples quoting a few lines from a R. Kelly song in a music review summarizing and quoting from a medical article on prostate cancer in a news report

18 Commentary and Criticism Examples copying a few paragraphs from a news article for use by a teacher or student in a lesson, or copying a portion of a Sports Illustrated magazine article for use in a related court case.

19 Parody Definition work that ridicules another, usually well- known work, by imitating it in a comic way.

20 Fair Use Factors Judges Consider the purpose and character of your use the makeup of the copyrighted work the amount and substantiality of the portion taken, and the effect of the use upon the potential market

21 Copyright Infringement The unauthorized use of a copyrighted work. When there is an infringement, the owner of the copyright can sue for damages. – All lawsuits for copyright infringement must be brought in federal court. A copyright infringer is liable for “statutory damages” that generally run from $500 to $20,000 for a single act. Damages can run as high as $100,000.

22 Sampling Definition The use of portions of prior recordings which are incorporated into a new composition.

23 Sampling without permission violations Two laws violated – The sound recording copyright (usually owned by the recording company) – The lyrics (song writer or publishing company)

24 Derivative Works Works based on an original work. – Examples: Adaptations and dramatizations – Adaptation—A Lesson Before Dying

25 Trademark A name, symbol, or other device identifying a product. – It is officially registered with the U.S. government, and its use is legally restricted to its owner or manufacturer – Examples: McDonalds, Nike, Addias, Jordans

26 Public Domain Materials that are not copyrighted – Can be used without the author’s permission

27 Public Domain Determining Factors No copyright was issued – Government materials not acquired Copyright has expired – Some work expiration occurs 75 years after publication Copyright was not renewed

28 Review Which of the following employers successfully acquires copyright from the author of the describe software? a.The author is an employee whose job responsibilities include computer programming. He creates a program to convert PowerPoint presentations to interactive online tutorial. b.The author is hired to write a program to convert PowerPoint presentations to interactive online tutorials. He signs a contract, but it does not mention copyright on work-for-hire.

29 True or False messages that are posted on-line aren't considered copyrighted material. Review Answer: False Copyright protects original works of authorship that are fixed in a tangible form of expression. is consider original work.

30 An student can use 10% or 1000 words (smallest of the two) of text material and 10% or 3 minutes (smallest of the two) for motion media works without obtaining permission from the copyright owner. Answer: True An educator or student can use 10% or 1000 words (smallest of the two) of text material and 10% or 3 minutes (smallest of the two) for motion media works without obtaining permission from the copyright owner.

31 If I print, copy, and distribute material from the Internet I am not violating the copyright law. Review Answer: False According to the copyright law, an individual has to obtain permission from the owner of the "original works" if he or she is interested in copying, altering, and/or distributing information collected from the Internet.

32 References Center for Educational & Training Technology, Mississippi State University, 2000 Fair Use of Copyrighted Material Copyright and Fair Use Stanford University Libraries fview/index.html fview/index.html Copyright & Fair Use in the Classroom, on the Internet, and the Web