1. Yours, Mine and Ours: Copyright in Cyberspace 2005 National LTAP Conference July 26, 2005 Nita Lovejoy Iowa State University

2. Danger, Proceed with Caution

3. Laws of the internet Intellectual Property Laws: patent, copyright, trade secrets, trademarks and service marks Contract laws: licenses, confidential information, access agreements Fraud, false advertising: state and federal law Trespass to chattel, access rights, information theft, rights to integrity (generally state laws, rights to assure accurate information – copyright moral rights)

4. Laws of the internet Security and privacy: federal and state Conversion: state law, wrongful taking of property, generally tangible property Misappropriation: publicity, trade secrets, trademarks, taking of factual information for commercial use (“hot news”) Export control, interstate commerce authority vs. state authority, federal communications regulations, antitrust (telecommunications; broadcast; and cable): federal Tax: state and federal

5. Lawlessness of the internet Publish without considering source of content or extent of permission If it’s available on the internet, it’s free for me to use Security breaches, private information leaks, phishing Plagiarism Export control violations Publishing “how to” manuals for illegal purposes

6. Why protect the intangibles of intellectual creation? Purpose of patent and copyright laws – “...to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their writings and discoveries." – The historically supported philosophy behind the drafting of this clause was the encouragement of the free flow of information for the benefit of society.

7. Problems with copyright laws Clashing of laws with needs – the balancing problem in Copyright – Balancing private and public interests in information & creations – Legislation – who has the power to influence: Problems with Digital Millennium Act, Teach Act, and Balance Act – Current issues MGM Studios v. Grokster Ltd State immunity to infringement Publishers

8. Problems with copyright laws Copyright subject matter is original expression in some tangible form: standard of creativity is very low Laws can’t keep up with technology

9. What does copyright protect? Original works of authorship in a tangible medium of expression – The individual’s unique way of expression – Minimal creativity required – Must be able to be perceived by the eye or machine

10. What is not protected by copyright? Works which are trivial and without creative substance Ideas, procedures, processes, systems and methods of operation Principles, concepts, plots Facts, data: “merger doctrine” Local, state, and federal laws including judicial opinions Works created by federal employees

11. When does copyright begin? Protection is automatic once the expression is fixed in a tangible medium

12. Copyright rights Owners of the copyright have the limited exclusive right to: – Make copies – Create derivative works – Distribute – Display and perform publicly Publishing on the web will likely involve the copy, distribute, and display rights

13. Yours, Mine and Ours We are users, individual creators, and joint creators of copyright works http://www.techtransfer.iastate.edu/

14. Using copyright works Public Domain – Not covered by copyright (or trademark or patent) Copyright protection expired Not copyright subject matter Owner has dedicated it to public domain – Owner explicitly places in public domain http://www.unc.edu/~unclng/public-d.htm Permission http://www.utsystem.edu/ogc/intellectualproperty/permissn.htm Legal Limitations to owner’s rights – Fair use – Libraries special exemption – Educational performances and displays – Software backups

15. Fair Use Copyright law includes illustrations of fair uses and 4 factors that must be analyzed – Illustrations: criticism, comment, news reporting, teaching, scholarship and research, parody – 4 Factors of Fair Use Character of the use Nature of the material to be copied Amount & importance of the part of the work used Effect on the market

16. Applying the 4 factors of fair use Favoring Fair UseUnlikely Fair Use Character of Use Criticism, comment, parody, news reporting, non-profit teaching, parody, scholarship & research Commercial, profiting from use, entertainment Nature of Original Work Published, factual, nonfiction Unpublished, creative, fictional Amount & Importance Small amount, not the central portion or heart of the work Images, large portion, full chapter, portion is heart of work Effect on Market 1 or a few copies, presentations, lack of licensing mechanism Resale, replace the sale of original, licensing available, several copies, web accessible

17. Myths If it is on the internet, it is in the public domain. – What is public domain? If it is government work, it’s free to use. – What is government work? It’s okay to use someone’s material as long as I give credit. – What does “use” mean? I created it, I own it. – What is “work for hire”? If I don’t charge for it, it’s not an infringement.

18. Protecting your copyright work Protection is AUTOMATIC Advantage of copyright notice Example notice: © Copyright 2004 Iowa State University Animal Science Department, College of Agriculture 515-294-2160 Advantage of registration

19. Staying out of trouble Assume it is copyright protected – Getting permission is not easy – Only the copyright owner can give permission – Create your own material Read click-wrap agreements – Read – each is different – Reach through rights Linking to other web pages – Framing – Inlining (Mirroring) content Protect your work – Be careful about placing in the public domain – Use the copyright notice – Provide written permissions

20. A new movement http://creativecommons.org/learnmore