2. Copyright 101 Understanding the Basics Arlen Lara1

3. Myths o You can use anything you can download from the Internet o If a work does not contain the copyright symbol ©, it’s not protected by copyright o You can use any amount of any work as long as it’s for class o You can use anything as long as you give credit o No one will find out or come after you 2Arlen Lara

4. Copyright Fundamentals o Authority to establish Copyright Law comes from the US Constitution o Purpose is to balance interests of owners/authors with interests of the public o Gives authors exclusive rights to control how their work can be used o Copyright protection never intended to last forever 3Arlen Lara

5. Copyrightability Factors o Expression: not ideas, processes, systems o Photography, writing, music, dance o Originality: some modicum of creativity o Does not have to be novel or unique o Fixation: established in a tangible medium o The work exists and can be experienced 4Arlen Lara

6. Protected Works o Literary works o Musical works, including any accompanying words o Dramatic works, including any accompanying music o Pantomimes and choreographic works o Pictorial, graphic, and sculptural works o Motion pictures and other audiovisual works o Sound recordings o Architectural works 5Arlen Lara

7. Works Not Protected oIoI deas oFoF acts themselves v. selection and arrangement oPoP ublic domain oFoF ederal government publications oToT itles, names, short phrases, slogans oMoM ay be eligible for trademark protection 6Arlen Lara

8. Start and Duration o Copyright attaches as soon as work is created o Scribbled, drawn, keystroked, recorded o Including this PowerPoint presentation! o Generally, copyright lasts the life of the author plus 70 years o Registration and notice not required but provide warning to world and special legal protections o © Copyright symbol no longer required on a work 7Arlen Lara

9. Limitations to Copyright o Fair Use Doctrine o Libraries and Archives o First Sale Doctrine o Copyright does not transfer to the buyer when you buy a book, CD, or DVD — the sale transfers only the physical copy to you o Educational exemption for certain activities 8Arlen Lara

10. Fair Use o Decided in courts on case-by-case basis o No set formula o Purposes o Criticism o Comment o News reporting o Teaching o Scholarship o Research 9Arlen Lara

11. Fair Use Factors o Factors include but are not limited to: o Purpose and character of use (commercial v. nonprofit educational purposes) o Nature of the copyrighted work (fact v. fiction) o Amount and substantiality of the portion used in relation to the copyrighted work as a whole o Effect of the use on the potential market for or value of the copyrighted work 10Arlen Lara

12. Infringement o Violating one of the exclusive rights granted to a copyright owner o Making unauthorized use of a work o Damages can be up to $150,000 for each instance of willful infringement o Intent of the infringer is not a defense o Ignorance of the law is not a defense 11Arlen Lara

13. Public Domain o Works no longer protected by copyright o Copyright expired or lost over time or by circumstance o Work donated to public domain o Can use and modify work in the public domain however you wish o Generally, works created before 1923 are in the public domain 12Arlen Lara