Copyright Basics

Intellectual Property Intellectual Property is a unique product or idea created by an individual or organization. Common types of protection for Intellectual Property include copyrights, trademarks, patents, and trade secret. 2

Copyright Copyright is legal protection granted to the creator of an original work for a limited period of time. Copyright protection occurs immediately upon the creation of a tangible work. 3

Original Work An Original Work is a work that was created entirely by a particular person based on an idea. 4

Copyrightable Works Architectural Works Artistic Works Dramatic Works Literary Works Musical Works 5

Copyright Length Copyright provides protection for the copyright holders lifetime plus 70 years. If a work has multiple authors it is protected for 70 years after the last surviving author dies. If a work was created in a work for hire situation copyright protection lasts for 120 years after the creation of the work or for 95 years after the publication of the work, whichever is shorter. 6

Copyright Protection A copyrighted work does not have to display a Copyright notice. The general public believes that a work without a copyright notice is not copyrighted. For visual confirmation of copyright you should include a copyright notice. 7

Copyright Protection A copyright notice consists of the copyright symbol, ©, the abbreviation "Copr." or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. – © 2013 John Smith – Copr John Smith – Copyright 2013 John Smith If the work has gone through several revisions over a few years such as a website, copyright may list multiple years. – © John Smith 8

Copyright Protection For legal backing without a doubt, you should register your work with the United States Copyright Office. To register a work you complete the application, pay the $30 non-refundable filing fee and send in a non- returnable copy of the work. If approved, the Copyright Office will issue a certificate of registration for the work. 9

Copyright Owner rights Produce copies or reproductions of the work Distribute the work Publically display or perform the work Create Derivative Works Sell or assign these rights to others 10

Derivative Work A Derivative Work is a work that is the result of a modification of a copyrighted work. A Derivative Work is considered Copyright Infringement unless the work is based on a work in the public domain. 11

Derivative Work Example Original Work Derived Work 12

Licensing A Copyright owner can sell or assign the rights of their work to others. A License is a legal agreement that dictates the usage rights of a copyrighted work. There are numerous different options with regards to licensing. 13

Licensing The most common licensing used by graphic and web designers is the Creative Commons licenses. Other common licensing options include the GNU General Public License and the GNU Library or “Lessor” General Public License. 14

Licensing Options The Attribution license requires the user to identify the original copyright owner. The phrase “All Rights Reserved” refers to a copyright notice that declares that no usage rights exists. 15

Licensing Options The Share Alike license allows someone the ability to distribute derivative work under the same license. The Copy left license indicates that a free work can be distributed or modified as long as it remains free. 16

Stock Work Stock Work refers to the supply of copyrighted work that is released for use under a license. Stock Work is available in numerous different searchable websites such as: 17 iStockPhoto.com Shutterstock.com GettyImages.com BigStockPhoto.com PhotoXpress.com Corbis.com Commons.Wikimedia.org

Patents Copyright Law protects the tangible form of an idea not the idea itself. Ideas and products are protected by patents. A patent is the legal ownership of an idea for a tangible work. 18

Patents Patents must be filed with the United States Patent and Trademark office to provide protection. Patents provide protection for 20 years from the date on the patent application. 19

Trade Secret Trade Secret refers to intellectual property that must remain private for a company to retain viability. Trade Secret can be used to protect a formula, practice, process, design, pattern, code, business plans and even sales contacts. 20

Trademarks A trademark or service mark is legal protection for a unique name, word, phrase, logo or symbol that is used to identify a company's products or services. 21

Trademarks A trademark or service mark does not have to be filed with the United States Patent and Trademark office to provide protection. It does have to be included when referring to the name, word, phrase, logo or symbol that is used to identify a company's products or services though. 22

Trademark Symbols An unregistered trademark is designated by the ™ symbol. An unregistered service mark is designated by the SM symbol. A registered trademark or service mark is designated by the ® symbol. 23

Plagiarism Plagiarism is the use of someone else's literary work as your own without providing credit to the author. Plagiarism is not illegal, it is however unethical. 24

Fair Use Fair Use refers to the limited use of copyrighted materials without permission of the copyright owner. Fair Use is determined by the: – Nature of the new work – Purpose of the new work – Effect of the new work – Amount of the copyrighted work used 25

Fair Use Fair use allows copyrighted works to be utilized to: – teach – report as news – make critical commentary – create a parody 26

Fair Use Reporting refers to the explanation of a work. Commentary refers to the expression of opinions about a work. 27

Fair Use A parody is a work that is created to mock a copyrighted work though humorous imitation. 28

Public Domain Works that can be used for any purpose without the permission of the Copyright owner are in the Public Domain. All copyrightable works published in the United States before 1923 are in the public domain. Most works created by the government or government employees are in the public domain. 29

Work for Hire is used to describe a copyrightable work that was created by an employee for use by their employer. Work for Hire In this case, the employer, not the employee is the copyright owner. 30

Copyright Infringement It is important to understand Copyright Law so that you do commit Copyright Infringement when creating a website. Copyright Infringement is any violation of copyright, patent or trademark. 31

Copyright Infringement Copyright Infringement is illegal! 32