US Copyright and Intellectual Property Issues Carol Green

Copyright Gives to authors and creators the rights to their ‘original works of authorship’ both published and unpublished in a ‘tangible form of expression.’ Copyright Act of 1976 with more recent amendments

What is Protected? Literary works Musical works Dramatic works Pantomimes and Choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works.

Copyright Law “On the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a treaty party,* or is a stateless person wherever that person may be domiciled; or * A treaty party is a country or intergovernmental organization other than the United States that is a party to an international agreement. The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party. For purposes of this condition, a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party…” US Copyright Office

Authors Rights Reproduce Prepare derivative works Distribute copies (sale or transfer or lease) Perform in public Display in public

Ownership Copyright automatic upon creation No registration or copyright statement is necessary (but encouraged) Ownership can be transferred Works for hire belong to employer

Duration of Copyright Rules have changed over the years Most recent amendment –Life of author plus 70 years –Works for hire either 95 or 120 years –

What cannot be Copyrighted? Works not ‘fixed’ in ‘tangible expression’ Titles, phrases, short slogans, familiar designs, coloring, mere lists of ingredients Ideas, procedures, methods, systems, processes, concepts, principles, discoveries or devises. Works ‘entirely’ of common property information (standard calendars, etc.) Federal Government publications in public domain

Copyright vs Fair Use Copyright Rewards creators Fair Use Allows for free flow of information

Fair Use First used by courts in 1841 Common law principle Doctrine adopted in 1976 law Excuses infringement for certain purposes Based on case law; must be interpreted by courts

Fair Use Guidelines Purpose and character of the use. –Educational (classroom use) –Reviews or critics –Scholarship or research Nature of the work. Amount used in relation to the whole work. Effect on market for work.

Fair Use: Right or Privilege? Publishers and producers Fair use a defense for infringement and therefore a privilege to a few Librarians and others Fair use is a right accorded by the Copyright Act Decisions left up to courts

Digital Issues Does fair use apply? Who owns what? When is a work ‘fixed’? Is viewing it in a browser a ‘reproduction’? Licensing vs ownership

Digital Millennium Copyright Act Prohibits circumvention of anti-copyright infringement controls –Licensing or ‘click-on’ agreements –Fair use not included –Pay-for-use the norm –Continues to be revised (Section 108 committee) –

Constant Revision With onset of digital works must continue to examine the Copyright Act to provide balance between the rights of creators and copyright owners and the needs of libraries and archives. Section 108 committee

Why should we care? All of us are authors. All of us use information. Need to balance rights of authorship with rights of the public to information for the benefit of society. Students are given more latitude than others in what they can use.

Plagiarism “[Using] and [passing off] the ideas or writings of another as one's own. [Appropriating] for use as one's own passages or ideas from another. [Putting forth] as original to oneself the ideas or words of another.” American Heritage ® Dictionary of the English Language: Fourth Edition (Online) Accessed 2/26/01

Ethics of Information Use Use information responsibly. Don’t distort and take out of context Follow Fair Use Guidelines Get permission when required. Cite appropriately. Use quotation marks for direct quotes. Paraphrase when possible.

Ethics of Information “Give credit where credit is due.”

More Information Berne Convention for the Protection of Literary and Artistic Works (1971) overview.html Copyright_Law/ International_Copyright_Law/