26-Oct-2005cse ip © 2005 University of Washington1 Intellectual Property INFO/CSE 100, Autumn 2005 Fluency in Information Technology

26-Oct-2005cse ip © 2005 University of Washington2 Readings and References Reading »Fluency with Information Technology Chapter 12, Computers in Polite Society Other References »The Electronic Freedom Foundation »Creative Commons

26-Oct-2005cse ip © 2005 University of Washington3 Overview Millions of images, songs, stories, etc. available on the Web Often we want to copy, share, reuse and remix this information What are our rights and responsibilities regarding the use of this information?

26-Oct-2005cse ip © 2005 University of Washington4 Intellectual Property We use the term intellectual property to refer to the ownership of a creative work »Photographs, films, songs, computer programs Different than owning a copy of that media »If you buy a copy of The Simpsons on DVD, you don’t own those episodes »Can’t sell copies or write our own episodes

26-Oct-2005cse ip © 2005 University of Washington5 Types of Intellectual Property Copyright »Protects creative works »Most of the issues we’ll encounter are related to copyright Trademark »Protects names and logos of companies and products Patents »Protects novel inventions

26-Oct-2005cse ip © 2005 University of Washington6 How Copyright Works Author creates an original work Work is automatically copyrighted Author retains certain rights for his or her lifetime, plus 75 years »Right to produce derivative works »Right to distribute the work »Right to display the work publicly »Right to share these rights with others

26-Oct-2005cse ip © 2005 University of Washington7 What Can Be Copyrighted? Literary works Music and audio recordings Motion pictures Images Software Facts cannot be copyrighted »But a web page containing facts can be

26-Oct-2005cse ip © 2005 University of Washington8 Copyright Infringement Violating copyright without explicit permission is against the law Consequences to copyright infringement »You can be sued »Your work may be destroyed »Your work will seem unprofessional

26-Oct-2005cse ip © 2005 University of Washington9 Exceptions to Copyright Use of copyrighted materials is allowed under certain circumstances Fair use guidelines describe conditions for acceptable use »Purpose of use (non-commercial? educational?) »Nature of work (factual or creative) »Amount of work used »Effect on the market of the original

26-Oct-2005cse ip © 2005 University of Washington10 Fair Use Common examples of fair use »Parody and satire »Short quotations »Reviews of the original work There are no established guidelines for fair use Fair use decided in court on a case-by-case basis If you are taken to court, you’ve already lost

26-Oct-2005cse ip © 2005 University of Washington11 Common Misconceptions “I’m not making a profit, so it’s OK” “The image was on a website, so it’s OK” “The item did not say it was copyrighted” “I bought the CD, so I can use it in my work”

26-Oct-2005cse ip © 2005 University of Washington12 Common Misconceptions “I’m not making a profit, so it’s OK” »Noncommercial use is still forbidden “The image was on a website, so it’s OK” »Copyright may restrict your right to redistribute or use the image in another work “The item did not say it was copyrighted” »Since 1989, all work is copyrighted by default “I bought the CD, so I can use it in my work” »Buying a CD does not give you ownership rights

26-Oct-2005cse ip © 2005 University of Washington13 The Public Domain Work that is not subject to copyright is said to be in the public domain All works eventually pass into public domain »Currently, 75 years after the creator’s death »Creator may release work into the public domain Work in the public domain belongs to everyone and can be used freely »Shakespeare’s plays, folk tales

26-Oct-2005cse ip © 2005 University of Washington14 Changes in Copyright Law The length of copyright terms has been extended several times Originally, US copyrights lasted 14 years »Designed to encourage creative works Corporations have lobbied Congress to extend the term of copyright multiple times »“Steamboat Willie” produced in 1928 »Copyright extended 11 times since 1962 »Each time, Steamboat Willie was about to enter the public domain (currently copyrighted until 2023)

26-Oct-2005cse ip © 2005 University of Washington15 How Long does Copyright Last? Adapted from

26-Oct-2005cse ip © 2005 University of Washington16 Alternatives to Copyright Content creators may release their work into the public domain May also specify a less-restrictive license The Creative Commons provides a set of licenses that allow you to specify terms of use »“You may use this work, but not commercially” »“You may use this work, but you must cite me” »Also provides a list of CC-licensed materials

26-Oct-2005cse ip © 2005 University of Washington17 Acting Responsibly Never assume that an item is not copyrighted »When in doubt, ask the creator Understand the terms of the license »“Royalty-free” is not the same as “public domain” Always cite your sources »“goose photo by Douglas Johnson” Consider giving back to the community

26-Oct-2005cse ip © 2005 University of Washington18 Protecting Your Own Work Any original work you create is your intellectual property It’s your responsibility to protect your work »State the terms of use clearly when you publish »Record the date of new creations

26-Oct-2005cse ip © 2005 University of Washington19 Hot Topics in Copyright Law File sharing Using material from the Web Remixes and mash-ups of songs Open source software

26-Oct-2005cse ip © 2005 University of Washington20 Good Sources for Free Stuff The Creative Commons » Local artists and musicians Friends and family