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Famous Infringements Court Cases What is copyright Why? What? Fair Use? Famous Infringements Court Cases 2

© Form of protection Covers both published & unpublished works Grounded in US constitution and granted by law 3

Protects original works in a tangible medium of expression 4

Copyright Patent Trademark Service mark Protects original works of authorship Patent Protects inventions or discoveries Trademark Protects words, phrases, symbols, or designs identifying the source of the goods Service mark Protects any word, name, symbol, device, or any combination, used, or intended to be used to identify services of one provider from services provided by others Service mark – i.e. girl scouts of America 5

On Patents, Trademarks, and Service Marks go to the United States Patent and Trademark Office at http://www.uspto.gov/web/offices/tac/doc/basic/ 6

The moment it is created fixed in a tangible (or touchable) form 7

NO Registration is voluntary You will have to register if you wish to bring a lawsuit for infringement 8

Sending a copy of your own work to yourself There is no provision (or terms) regarding such protection Not a substitute for registration 9

US has copyright relations w/most countries US honors each other’s citizens’ copyrights US does not have such copyright relationships with every country 10

Original authorship appearing on a website may be protected Writings Artwork Photographs Etc. 11

www.echsGraphCom.com NO 12

No May be protected under trademark laws 13

$35 by online application $45 by paper application $35 by online application 14

If certain conditions are met Yes, if unpublished works as a collection with one title for entire collection If certain conditions are met 15

By paper Approximately 8 months Online Shorter but up to 8 months 16

Basically Works created in this class Unpublished Published Your life + 70 years, or 120 years from date created Published Your life + 70, or 95 years from publication 17

I know it has copyright protection but I still want to use it. What do I do? 18

If you know who has the copyright Not certain about ownership Ask for it Not certain about ownership Request copyright office to search records $150 per hour charge 19

They will file a civil lawsuit in federal district court Consult an attorney In cases or willful infringement for profit, U.S. Attorney may initiate criminal investigation They will file a civil lawsuit in federal district court 20

Unless circumstances fall under “fair use” doctrine YES Unless circumstances fall under “fair use” doctrine 21

YES For backup or archival purposes ONLY If you are legal owner Copies are destroyed, or transferred w/ original once copy is sold, given away, or otherwise transferred. 22

Non-copyrightable Ideas Facts Titles Names Short phrases Blank forms 23

Lost copyright Hard to loss copyright now (under new laws) All works published b4 Jan.1, 1978 w/out valid © notice considered public domain Published between 1978 & March 1, 1989 does not contain a valid copyright notice given 5 years b4 tossed n2 public domain 24

Expired copyright Any work published b4 1964 If owner failed to renew © 25

Government Documents Federal documents & publications This does not include Money Stamps Etc. 26

Granted into public domain Author grants work into public domain 27

Copyright © 2000 Marsha Lott All Rights Reserved Remember that it you work for a company and create something while working there it is considered “work for hire” and the company owns the work, not you. 28

A way to legally use something that has a copyright 29

The purpose and character of the use The nature of the copyrighted work The relative amount The effect upon the potential market 30

The purpose and character of the use Commercial or non-profit educational Preamble purpose Degree of transformation Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 31

The purpose and character of the use Commercial or non-profit educational Was it created for profit or non-profit Will they make money off of it? Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 32

The purpose and character of the use Preamble purpose Criticism Comment News reporting Teaching Scholarship Research This list is not restrictive but easier if it falls under one of these headings if you go to court Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 33

The purpose and character of the use Degree of transformation Was new work merely supplants the original Does it add something new Does it alter the first with a new expression, meaning or message? Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 34

The nature of the copyrighted work Acknowledges that some works are simply more deserving of copyright protection than others 35

“no more was taken than was necessary” Relative Amount Amount taken Quality of utilized work Ratio of amount taken to utilizing work “no more was taken than was necessary” 36

Effect upon Potential Market Extent of harm to the market or potential market or the original work caused by infringement http://www.copyrightwebsite.com/Info/FairUse/Visualizer/Visualizer.aspx 37

www.copyright.gov www.copyrightwebsite.com 38

www.copyright.gov 39

www.copyrightwebsite.com Great information Easier to read Great current infringement court cases 40

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British diva Desree Weeks co-wrote “I’m Kissing You” with Timothy Atack, and she also performed the song on the soundtrack for the 1996 MTV-generation version of William Shakespeare’s Romeo + Juliet. On April 3, 2007, Beyonce released a CD title B'Day Deluxe Edition, which is basically a re-release of the B'Day album released in 2006, except that it includes several latin remixes and a new song, "Still in Love (Kissing You)". Issuing these types of re-releases that include latin remixes and a new song or two is a common ploy of artists who want to get out of their contractual obligations with their label so that they can go cut some new tracks with Jay Z. In this case, the new song was a cover of the Des'ree song in which Beyonce used the music, re-titled the work, and added additional lyrics. 42

Movies Music Devil’s Advocate Batman forever 12 monkeys Naked Gun 33 1/3 Music 2 Live Crew Biz Markie ZZ Top Dr. Dre MC Hammer Vanilla Ice 43