They’re All Dead! And they’ll earn millions this year!

The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

 Books  Music  Films  Artwork  Poems  Newspaper and magazine articles Any original creative work.

 What is not protected?  Slogans, brand symbols, ideas, processes ▪ McDonald’s franchise processes are not copyrighted, but perhaps the written training materials are ▪ The Nike swoosh is not copyrighted, but it is trademarked for protection  You do not have to apply or register for a copyright ▪ Once you create the original work, you simply need to identify it as original with 3 easy steps:

For all written work:  Place the © next to the name of the work  Identify the year  Place your name next  Example: © 2008 John Doe

 Place the ℗ next to the name of the work – this indicates that it was published  Identify the year  Place your name next  Example: ℗ 2008 ABC Records

 A copyright doesn’t last forever  If written after January 1, 1978:  Copyright lasts for the author’s life plus 70 years  Those works published before 1978 had a 25 year term, with renewable terms up to 95 years

 You can file for a copyright with the U.S. Copyright Office  Those who apply typically have shared credit on a work. The copyright application serves to establish legal footing in the event of disagreement Your task: List 3 different things you have seen, read or viewed in the last week that are protected by copyright

Did Sam Smith infringe on Tom Petty’s copyright?

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Did Vanilla Ice violate Queen’s copyright? Here’s what he has to say:

 Roy Orbison’s Pretty Woman: 2 Live Crew’s version:

 After nearly 250,000 copies of the recording had been sold, Acuff-Rose sued 2 Live Crew and its record company, Luke Skyywalker Records, for copyright infringement  The District Court granted summary judgment for 2 Live Crew, holding that their song was a parody that made fair use of the original song under § 107 of the Copyright Act of 1976 (17 U.S.C. § 107).  After losing the appeal, The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107.

 Why are parody songs allowed to NOT pay royalties to the original artists?  Weird Al:   Should rap artists and other performers be allowed to sample music from other songs, without paying any royalties?

Is sampling considered copyright infringement? 