GED / GSA 579 Intellectual Property - Copyright Basics

Intellectual Property Covers: Patents: In the U.S.. Provides a 17 year monopoly granted to inventor for their invention. Essentially a “head start” granted for a limited time in exchange for disclosing useful information to society. Trademarks: Any word, name, symbol, or device, or any combination thereof, used by a business to distinguish its good or services from those offered by others. Must be “in use” or someone can claim it. Copyright: At its essence, it is the right to make copies. Copyright is the legal protection provided by statutes of the U.S. Government to authors of “original works or authorship” from the time the work is created in a fixed form.

History History: Most of the American Legal basis for Intellectual Property starts with British Common Law. (1710, Statute of Anne). On Sept 5, 1787 Article I, Section 8 of the U.S. Constitution was drafted. It states that Congress shall have the power…. “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.” Initially, copyright only concerned itself with the protection of printing, reprinting, publishing, and vending for a period of 14 years.

Current Copyright Law Title 17 of the U.S. Code Digest: Copyright is the exclusive right of any author, composer, or computer programmer, and is his/her protection against unauthorized reproduction, display, performance, or translation of his/her original works. -Includes revisions of Copyright Law by the 1976 Copyright Act and the Berne Implementation Act of 1988

What Works are Protected What Works are Protected?: Consider if the works are in fixed format, original, and of a minimum level of creativity A. Literary works B. Musical works, including any accompanying words C. Dramatic Works, including any accompanying music D. Pantomimes and choreographic works E. Pictorial, graphic, and sculptural works

What Works are Protected con’t. F. Motion pictures and other audiovisual works G. Sound recordings H. Architectural Works I. Works for Hire: -Contracts: Newspapers, exams, faculty, research, email

What is NOT Protected: Copyright IS NOT extended to an idea, procedure, title, process, system, method of operation, concept, principle, or discovery Public Domain - Works Prior to 1923 - Most works created by the US Gov…. - Dedicated or donated works – eg Creative Commons 9/20/2018

Copyright Owners May: A. Reproduce Works B. Prepare derivative works C. Distribute the work D. Perform the work publicly E. Display the work publicly

Transfer of Copyright Any or all of a subdivision of copyright ownership may be transferred and for periods of time -Book – paperback rights – film rights 9/20/2018

Duration -Copyright STARTS IMMEDIATELY…”from the time the work is created in a fixed form; that is, it is an incident of the process of authorship.” Prior to 1978, copyright material had to be registered with the Copyright Office to be covered by law.

Time/Duration of Ownership after it Reverts to Public Domain) Pre 1978 (Published) The copyright expires 75 years from the date of publication (if the copyright was renewed, 28 years from when copyright was endured) Prior to 1998 -1978 to present (copyright owned by an individual) The copyright will last for the life of the author, plus an additional 50 years Since 1998 - 1978 to present automatically protected from the moment of its creation for the author’s life plus an additional 70 years after the author’s death. For works made for hire, 95 years from publication or 120 years from creation, whichever is shorter.

Sonny Bono Copyright Term Extension Act -1998 . Extends copyright protection by 20 years for cultural works copyrighted after January 1, 1923. Works copyrighted by individuals since 1978 got "life plus 70" rather than the existing "life plus 50"; works made by or for corporations, known as "works made for hire," got 95 years. Works copyrighted before 1978 were shielded for 95 years, regardless of how they were produced. 9/20/2018

Sonny Bono Copyright Term Extension Act Pop icons such as Mickey Mouse, books such as The Great Gatsby, films such as The Jazz Singer, musicals such as Show Boat - tens of thousands of works copyrighted under earlier laws and poised to enter the public domain - were covered until at least 2019. This law is currently being challenged in the courts. 9/20/2018

Copyright Notice Not necessary to have notice to enjoy coverage under the law 3 Elements -Copyright or c in a circle -Year of copyright -Name of copyright holder Example: © 2006 John Doe

Example Copyright notice from a journal in Academic Search Premier

Example Copyright Notice after an email Disclaimer: This email and any files transmitted with it contain privileged information. You may not present this message to another party without permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. 9/20/2018

Copyright Notice The library purchased this database of Shakespeare through Arden. Can they really claim copyright of Shakespeare content? http://academics.smcvt.edu/sburks/ardencopyright%20notice.htm 9/20/2018

Fair Use ---Owner of the “Vessel” I. Copyright owners have only first sale rights to their works II. Personal Use III. Fair Use,first U.S. judicial interpretation Folsom v. Marsh (1841) Individuals and Libraries have rights under 17 USC Section 107 to use copyrighted material for fair use purposes.

Fair Use Fair use has come to be widely understood as a balancing point between the rights of authors to exclusive control over their works and rights to have free access to the ideas contained in those works. Examples: For purposes such as criticism, comment, use in parody, reproduction for use in Judicial or Legislative activities, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement of copyright. 9/20/2018

Determining Fair Use of Copyrighted Material –Four Factors I.Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. II. The nature of the copyrighted work (is it factual or of social value vs. entertainment) Satire, Parody III. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. IV. The effect of the use upon the potential market for or value of the copyrighted work (the use must not damage either the present or future market for the work)

Law Cases of Fair Use ---Judicial Interpretations Pretty Woman (Roy Acuff Music, inc) v 2 Live Crew Universal and Disney v SONY Basic Books v Kinkos American Geophysical Union v Texaco, Inc

Recent Legislation & Penalties H.R. 2265 No Electronic Theft Act It is now a Felony to willfully infringe a copyright by producing or distributing 10 or more copyrighted works with a value of at least $2,500 within a 180 -day period. The "Technology, Education and Copyright Harmonization Act" (the TEACH Act) Digital Millennium Copyright Act Sonny Bono Copyright Term Extension Act