LIBS100 Intellectual Property Copyright and Fair Use July 25, 2005

Intellectual Property “Intellectual Property – Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”

Intellectual Property Two categories of Intellectual Property Industrial Property Patents Trademarks Industrial Design Geographical Indications Copyright Literary and Artistic works –Books –Music –Plays –Art work

Copyright Literally, the right to make copies –Buying a book means you own that copy, you do not have right to make more copies of the whole book Also protects: rights to distribute, adapt, perform, display your work Originally to protect author’s rights, to encourage the advancement of arts & sciences

Why is it important to protect Copyright?? Essential to human creativity Gives creators incentives Recognition Economic rewards

Copyright Copyright covers “original works of authorship fixed in any tangible medium of expression” Covers literature, art, music, architecture, and more Copyrighted works can’t be used by others without permission and sometimes $$

Copyright Originally to protect the author’s rights, to encourage the advancement of arts & sciences Applies to author or to whomever the author has sold or signed over the copyright

Person-to-Person (P2P) File sharing and Copyright P2P networks (Kazaa, Limewire, Grokster,etc.) violate copyright and prevent artists and record companies from receiving profits from their intellectual property.

Copyright Law VERY Complicated!! Unpublished Works –Life of the author, +70 years Unpublished works in the public domain –Authors who died before 1935

Copyright Law VERY Complicated!! Published works –Copyright law changed throughout the years, so copyright depends on date work was published Works published (after 1989) –70 years after death of author OR the shorter of 95 years from pub. OR 120 years from creation

Copyright Law VERY Complicated!! Public Domain –Works not covered by copyright registrations; all works published before 1924 –Works created for public use –Works where copyright has expired –All government documents are in the public domain

Copyright Copyright does NOT cover ideas, procedures, processes, systems, concepts or principles FAIR USE – ideas are not copyrighted, only the form in which they appear

FAIR USE The concept contained in U.S. copyright law that allows for some copying of materials for the purposes of criticism, comment, news, reporting, teaching, scholarship, or research.

Fair Use Exemption Trying to balance the right of the author to make money from his/her creation against the public’s right to the information Purpose is to protect criticism, comment, news reporting, teaching, scholarship, or research

What constitutes Fair Use?? 1.The purpose and character of the use; commercial nature or nonprofit educational purposes? 2.The nature of the copyrighted work; 3.The amount of material used as compared to the entire work. 4.The effect upon the potential market for or value of the copyrighted work.

For Wednesday, 7/27/05 Read Boswell article handed out in class or available here.here. Career Exploration paper due

References “About Intellectual Property.” WIPO. 24 July Martin, Thomas. IST 618 Survey of Telecommunication and Information Policies Summer 2004.