Copyright and Fair Use

Plagiarism? Starting with a term you’ve all heard before: Plagiarism. What is Plagiarism?

Plagiarism is defined as a piece of writing that has been copied from someone else and is presented as being your own work (wordnetweb.princeton.edu/perl/webwn)wordnetweb.princeton.edu/perl/webwn This applies to writing and works that have been Copyrighted. So, What’s Copyrighted mean?

Copyright Copyright happens automatically as soon as the work is created. Even if the work doesn’t say “copyright” or have the symbol. No registration with the copyright office is needed. A work is protected for up to 70 years after the author dies (or if unknown up to 95 years after the first publication). Once the copyright is up work falls into “Public Domain” (or if the author explicitly released the work into public domain). Information from copyright lesson by Laura Kaemming

So how can I use anything? You can find an image that’s in the public domain. You can take your own stock images. You can obtain permission from the author of the original work. If the work falls under “fair use” you do not have to obtain permission. Fair use was created by courts for teachers and students to use in an educational setting.

Fair Use

Art and Music Infringement? Copyright laws are strict when applying to Creative works such as art, music, literary works, films and plays. On the following slides you’ll be viewing art originals and derivatives of the original. You’ll also listen to some music to compare and contrast the songs. You decide if the work is Fair use and I’ll let you know of any court rulings afterwards.

Jeff Koons, String of Puppies versus Art Rogers’ photograph

Koons vs Rogers Jeff Koons and Art Rogers went to court of the sculpture String of Puppies, which was originally a photo taken by Rogers that Koons found published on a postcard. Koons removed the copyright on the postcard and has his workshop create the image with the changes seen in the image. Koons sold 3 sculptures make approximately $400,000. When in court Koons claimed fair use under attempt to parody (Do you feel the work is a parody?) The court rejected this argument in that the parody did not need Rogers specific work to be executed and that the similarities were so close that the average person would make the connection.

Roy Lichtenstein versus multiple comics

Lichtenstein vs Marvel, DC, Disney, Romance Novels everywhere… Lichtenstein was never brought to court over any of his multiple derivatives from comics everywhere… Why do you think that is?

Myazaki’s Howl’s Moving Castle (still frame) vs Emmy Cicierega

Originals vs Fan Art Although there are no records of lawsuits against artists because of fan art; it is still considered a copyright infringement and not covered under fair use no matter how much is your own (the characters themselves are copyrighted) The exception, as Jeff Koons attempted to use, would be parodies or satires.

Copyright in Music Listen to the following clips. Discuss how the songs are different and how they’re alike. Based on what you’ve learned concerning copyright laws, how have the artists broken the law?

Vanilla Ice vs Queen & David Bowie Under Pressure Ice Ice Baby How are the two songs different? How are they alike? According to the fair use guidelines has Vanilla Ice violated the copyright of Queen’s “Under Pressure?”

This case has never gone to trial although it is said that the parties settled outside of court for an undisclosed amount.

Huey Lewis vs Ray Parker Jr. I Want a New Drug Ghostbusters Again, how are the songs different? How are they alike? Is the Ghostbusters theme song a violation?

Lewis and Parker argued for more than 10 years after the release of the single Ghostbusters. The two settled their case in private – Parker never admitting guilt but agreeing to pay Lewis for damages in return for neither revealing the amount. In 2001, Lewis revealed the amount on VH1. Parker is now asking for money to cover his law costs.

So What? Why is any of this important? Did I infringe on any copyrights in this lesson? Why or Why not?

Group Work Working in small groups (2-4), go over the following worksheet, answering the situations on copyright infringement. You can use your notes from the presentation. We’ll go over them as a class to compare your answers.