Intellectual Property Rights and the Web: Common Myths Presentation by Jean Mistele

Intellectual Property Rights and the Web Definition Common Myths Summary Questions S265US267&q=spider+webs&um=1&sa=X&oi=image_result_group&resnum=1&ct=t Tle (Title Slide Spider Web)

What is “Copyright”? The legal exclusive right of the author of a creative work to control the copying of that work. Symbol ©

No Copyright Notice, Not Copyrighted True and False Prior to April 1, True After April 1, 1989 – False When in doubt, don’t copy it Copyright notice: “Copyright [dates] by [author/owner]”

If It’s Free, It’s Not a Violation False Violation if you give it away Exception – US personal coping of music. If it has no commercial value, violation considered technical Fair use determinations may depend on money involvement

If It’s Posted … It’s in the Public Domain False Exception – have a note by the author/owner saying, “I grant this to the public domain.” You abandon all rights when grant public domain

Consider What You Are Doing Intent and Damage Intent – why are you copying it? Damage – will people no longer need to buy the original work?

My Posting Was Just Fair Use True and False “Fair Use” exemption (US) 1.Commentary 2.Parody 3.News reporting 4.Research and education about copyrighted works without the permission of the author. 5.Facts and ideas

Defend Your Copyright Or Lose It False Copyright is not lost, can be explicitly given away Names or titles not copyrighted, they are trademarked Trademarks – are protected Symbol: ™

My Made Up Stories, Base On Another Work, Belong To Me False Derivative works – works derived from another copyrighted work Exception to derivative works – Fan fiction, criticism or parody.

They Can’t Get Me, I Have My Ri ghts Criminal law – innocent until proven guilty, proof beyond reasonable doubt Civil law – handles copyright violations Rules vary on type of infringement Outcome based on who presents a more convincing argument to the jury or judge

Copyright Violation Isn’t A Real Crime False USA commercial copyright violation (10 copies valued over $2500) is a felony Felony conviction impacts your civil rights

No One Gets Hurt – Free Advertizing True and False The owner decides if they want free advertizing. Piracy on the net hurts everyone.

They ed Me A Copy, So I Posted It False - violation Having a copy is not having a copyright All is copyrighted Keeping private correspondence private is a courtesy one should honor

I Can’t Ever Reproduce Anything! False Copyright not iron clad on all items Two main purposes of Copyright Laws 1.Authors right to obtain commercial benefit from valuable work 2.Protection of the author’s general right to control how a work is use.

Copyright and Fair Use Extended to TV, CD’s and MP3 players.

Final Words Most things are copyrighted Violation - money involved or not May use if the poster expects it; wikipedia Fair use allowed for some social purposes Fan fiction - violation

Final Words Civil violation moving to criminal courts Posting technically a violation Ask permission Copyright law recently amended by the Digital Millennium Copyright Act (DMCA)

Permission To Use the Essay Brad Templeton “Permission is granted to freely print, unmodified, up to 100 copies of the most up to date version of this document from or to copy it in off-the-net electronic form. On the net/WWW, however, you must link here rather than put up your own page. If you had not seen a notice like this on the document, you would have to assume you did not have permission to copy it. This document is still protected by you-know-what even though it has no copyright notice…”

Questions? Comments?