COPYRIGHT By: Kristy Westgard Period

General Information What is Copyright? “A copyright is a set of exclusive rights granted by a state to the creator of an original work or their assignee for a limited period of time in exchange for public disclosure of the work.”

General Information cont… What is Fair Use? Fair use is any copying of copyrighted material done for a limited and “transformative” purpose:  to comment upon  to criticize  to parody a copyrighted work The above can be done without permission from the copyright owner. Fair use is important to us as citizens because it provides defense against a claim of copyright infringement.

Fair Use How to determine if fair use qualifies: The “Four Factors” 1. The nature of the use. 2. The nature of the work used. 3. The extent of the use. 4. The economic effect of the use. Ex. A teacher shows a video clip with high profile actors in class that depicts the dangers of drinking.  The nature of the use is purely educational and clearly has desirable social benefits.  The extent of the use is appropriate, since a clip depicting a specific scene was shown to a class.  The extent of the use is minimal, since it is only being used in a classroom setting.  There is no economic harm to the owners of the copyright.

What is Protected on the WWW?  Links  Original text  Graphics  Audio  Video  html, vrml, other unique markup language sequences  List of Web sites compiled by an individual or organization  All other unique elements that make up the original nature of the material.

When Creating a Web Page…  Link to other Web sites. (However, some individuals and organizations have specific requirements when you link to their Web material.)  Use free graphics on your Web page. If the graphics are not advertised as "free" they should not be copied without permission.  Put the contents of another person's or organizations web site on your Web page  Copy and paste information together from various Internet sources to create "your own" document.  Copy and paste others' lists of resources on your own web page  Copy and paste logos, icons, and other graphics from other web sites to your web page. YOU CAN…YOU CANNOT…

Lastname, Firstname. Title of Book. Place of Publication: Publisher, Year of Publication. Medium of Publication. MLA Citation: Basic Book Format

Penalty for Copyright Infringement  Temporary/Permanent Injunction Infringer can no longer violate copyright either permanently or until a trial takes place.  Monetary Damages Actual Damages: Losses suffered by copyright holder. Profit Damages: Money earned by copyright infringer. Statutory Damages: Can range from $200- $300,000.  Criminal Penalties First-time offender: $500,000 fine and up to 5 years in prison. Subsequent offender: $1 million fine and up to 10 years in prison.

Examples of Copyright Infringement  Not a fair use. A television news program copied one minute and 15 seconds from a 72-minute Charlie Chaplin film and used it in a news report about Chaplin’s death. Important factors: The court felt that the portions taken were substantial and part of the “heart” of the film.  Not a fair use. A television station’s news broadcast used 30 seconds from a four-minute copyrighted videotape of the 1992 Los Angeles beating of Reginald Denny. Important factors: The use was commercial, took the heart of the work, and affected the copyright owner’s ability to market the video. IN NEWS BROADCAST

Examples of Copyright Infringement  Not a fair use. A poster of a “church quilt” was used in the background of a television series for 27 seconds. Important factors: The court was influenced by the prominence of the poster, its thematic importance for the set decoration of a church, and the fact that it was a conventional practice to license such works for use in television programs.  Not a fair use. Downloading songs is not a fair use. A woman was sued for copyright infringement for downloading 30 songs using peer- to-peer file sharing software. She argued that her activity was a fair use because she was downloading the songs to determine if she wanted to later buy them. Important factors: Since numerous sites, such as iTunes, permit listeners to sample and examine portions of songs without downloading, the court rejected this “sampling” defense. IN TELEVISIONIN MUSIC

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