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COPYRIGHT BASICS Linda Sharp Marsha Stevenson

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1 COPYRIGHT BASICS Linda Sharp Marsha Stevenson

2 WHAT IS COPYRIGHT? Copyright is a form of protection grounded in the U.S. Constitution; Article 1, Section 8 empowers Congress to “Promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. Copyright protection is provided for by law (title 17, US Code). It applies to original works of authorship fixed in a tangible medium of expression. Both published and unpublished works are protected. Copyright law was originally intended to provide a short term “monopoly” for authors for the purpose of encouraging creativity (14 years plus 14 years renewable).

3 ORIGINAL WORKS ELIGIBLE FOR COPYRIGHT PROTECTION Literary works Musical works with accompanying words Dramatic works with accompanying music Pictorial, graphical, and sculptural works Motion pictures and other audiovisual works Choreographic works Sound and digital recordings Architectural works Software

4 WHO CAN BE AN AUTHOR? A writer A musician or artist A photographer A student or professor A company or organization An unknown entity But who controls the rights????

5 WHAT ARE THE EXCLUSIVE RIGHTS GIVEN TO COPYRIGHT HOLDERS ? To prepare derivative works based upon the work; Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. To reproduce the work To distribute copies of the work to the public To perform the work publicly To display the copyrighted work publicly to perform the work publicly by means of a digital audio transmission

6 HOW LONG DOES COPYRIGHT PROTECTION LAST? Copyright Act of 1790Copyright Act of 1790 - established U.S. copyright with term of 14 years with 14- year renewal Copyright Act of 1831Copyright Act of 1831 - extended the term to 28 years with 14-year renewal Copyright Act of 1909Copyright Act of 1909 - extended term to 28 years with 28-year renewal Copyright Act of 1976Copyright Act of 1976 - extended term to either 75 years or life of author plus 50 years Copyright Renewal Act of 1992Copyright Renewal Act of 1992 - removed the requirement for renewal Copyright Term Extension ActCopyright Term Extension Act of 1998 - extended terms to 95/120 years or life plus 70 years Digital Millennium Copyright Act of 1998Digital Millennium Copyright Act of 1998 - criminalized some cases of copyright infringement criminalized

7 WHAT CAN I USE WITHOUT GETTING PERMISSION???? Works you create yourself Work not protected by federal law Works in the Public Domain Works licensed by the Library Works governed by Creative Commons License Works which would be considered Fair Use

8 FAIR USE WORKS IN FAVOR Teaching Research Scholarship Nonprofit educational institution Criticism Comment News reporting Transformative use Restricted access Parody WORKS AGAINST Commercial activity Profiting from use Entertainment Bad faith behavior Denying credit to original author Using portions of work that exceed need

9 IMAGES Assume that all on the web are in copyright unless there is an explicit statement to the contrary (“Terms of Use”) Scanning and posting online is “reproduction” and “distribution” Each work has its own copyright Two possible holders: The artist/designer The photographer


11 “ORPHAN” WORKS When the copyright holder can’t be identified When the copyright holder can’t be found Still not legal to use freely If choosing to use, document (and retain) diligent efforts to locate/contact

12 PHOTOGRAPHS Photographers generally hold copyright Privacy Rights State laws vary If individuals are identifiable, should get their permission Publicity rights Commercial value of celebrity’s name/image/voice Need their consent to use commercially

13 FURTHER RESOURCES Acceptable Use of Electronic Resources Licensed By Notre Dame Acceptable Use of Electronic Resources Licensed By Notre Dame Copyright Term and the Public Domain Stanfords Copyright Renewal Database The WATCH File Fair Use Checklist

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