Copyright and Ethics In The Digital Age COM495 9 November 2010 Joseph J. Probst

Foundations of Copyright Protection Article 1, Section 8, Clause 8 of the United States Constitution grants Congress the authority: “ 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”

Justifications and Criticisms of Copyright Law PROS  By giving authors property rights in their creations, we are only protecting that which they created – a moral-rights style argument.  By providing an economic incentive for authors to create, we will stimuate more creation and authorship. CONS  Results in a monopoly on the protected work.  The protected work cannot be used or disseminated to the public for beneficial use without the author’s consent.  This will suffocate collaboration and innovation.

Foundations of Copyright Protection First copyright statute was in Revised or rewritten in 1831, 1870, 1909, and  Gradual decline in importance of depositing and registering works with US government US signed onto the Berne Convention in 1989  American authors/creators have gained more rights on the international stage

What Can be Copyrighted? "original works of authorship"  17 U.S.C. § 102(a) But NOT "any idea, procedure, process, system, method of operation, concept, principle, or discovery"  17 U.S.C. § 102(b) Instead, only expressions of an idea can be protected.

Some Examples of Protected Matter (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. 17 U.S.C. § 102(a)

What Exclusive Rights Does the Copyright Holder Obtain? (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. 17 U.S.C. § 106

Exclusive Rights to Do or Authorize: Reproduction Distribution  First Sale Doctrine Derivative Works Public Display Performance

When and How Long Does an Author Maintain Exclusive Rights? An author’s work is protected as soon as it is recorded in a concrete, tangible way.  A choreographed dance must be filmed or reduced to choreographic notation.  An oral speech or presentation must be filmed or reduced to writing. For the author, protection is given for the life of the author plus seventy years.  17 U.S.C. §302(a) For a company (“works for hire”), protection is given for 95 years from the date of publishing or 120 years from the date of creation.  17 U.S.C. §302(c)

? “Fair Use” ? Infringement is when someone exercises one of the author’s exclusive rights without permission. “Fair Use” is a legal defense to a claim of infringement. Its boundaries are often difficult to ascertain because it is applied on a case-by-case basis. Often raised in the context of commentary, criticism, news reporting, education, or research.

Important Factors to Determine Fair Use (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. § 107

A Much More Clever Version of My Lecture A 10-minute explanation of copyright … using words from one of the largest copyright owners in the world Click HERE!

Terms: Public Domain  When the copyright term expires, works revert to public domain.  The copyright holder may dedicate works to the public domain; eg, works funded by the US Government.  Any works published before 1923 are in the public domain. Works published since then should be examined to see if they are still copyrighted.  Public domain works are freely available for use by anyone for anything.

no rights reserved all rights reserved some rights reserved

What is Creative Commons? An organization that offers easy-to-use copyright licenses. These licenses promote distribution of works, while allowing the copyright holder to maintain some level of control over her work. It represents a middle ground between the exclusivity of federal copyright law and the complete free-for-all of the public domain.

Types of CC Licenses attribution non-commercial no derivative works

Technologies change how we interact with (digital) cultural objects. We are no longer merely a consumer; we can also be a producer. But What About Copyright in the Digital Age?

This is a shift from the late 20th century model:

In Our Digital World, It Is Easier to Borrow, Copy, Manipulate

This means it is technically easier to express ourselves in new, creative ways.

However, it is also easier to run afoul of federal copyright laws.

Return of The Clash Culture as a freely flowing current of ideas and practices runs head first into culture as intellectual property

Ethics Value system by which a person (or society of persons) determines what is right or wrong For bloggers:  Be honest  Be transparent  Credit others  When in doubt about “fair use” – ask for permission  Be careful about the hyperlinks and material you provide on your blog Does not always coincide with the law?

Sources Intellectual Property: Patents, Trademarks, and Copyright In a Nutshell, A. Miller and M. Davis. Thomson/West Copyright, Fair Use & The Evolution of Creative Commons: Copyright and Ethics in the Digital Age, K. Gill. University of Washington Communications Department, November 2, A Fair(y) Use Tale: Image: Consume. Be silent. Die. (unknown) Web 2.0 Image (1): Cut, Copy, Paste Image: Creative Blog Designs Image: S1600-R/cbdheader.bmp S1600-R/cbdheader.bmp Illegal Download Image: