Copyright law 101 Nicole Finkbeiner ”Copyright Law 101" by Nicole Finkbeiner is licensed under CC BY 4.0 unless otherwise noted.

copyright definition Grants exclusive rights to the creator. Creator has ability to limit how others use their work. Regulates who is allowed to copy and share.

copyright assignment General rule: Copyright is automatic. You do not have to register to be a copyright holder. In the U.S.: Can register with local authority to officially record authorship Other countries: May be necessary to enforce your rights or be advantageous for other reasons.

copyright Can Copyright Cannot Copyright Original works fixed in a tangible form. Examples: Literary Dramatic Musical Artistic works Cannot Copyright Ideas not fixed in a tangible form. Things that perform a function, such as a pattern for a piece of clothing or for a screw.

copyright, trademarks, patents "Image: Basics of Copyright law " by AmandaG is licensed under CC BY 4.0

Public Domain consists of creative works not subject to copyright. Reason 1: Copyright has expired Copyright expires typically x years (usually 50-100) after the author’s death. In the U.S., copyright currently expires 70 years after an author’s death

Public Domain consists of creative works not subject to copyright. Reason 2: Copyright holder didn’t acquire or maintain their copyright through formalities. In most cases today, copyright is automatic. However in the past and in some countries, this isn’t the case.

Public Domain consists of creative works not subject to copyright. Reason 3: The work was never entitled to copyright protection. Examples: Recipes without substantial literary expression. Brand names, titles, slogans, logos (falls under trademark law) Ideas (falls under patent law) Names of people

Public Domain consists of creative works not subject to copyright. Reason 4: Creator dedicates the work to public domain prior to the copyright expiring.

FAIR USE BERNE CONVENTION (1967) THREE-STEP TEST FOR DETERMINING FAIR USE In special cases, provided that: Reproduction does not conflict with a normal exploitation of the work Does not unreasonably prejudice the legitimate interests of the author. Note: The Berne Convention test only applies to reproduction, not other uses. But other agreements, such as TRIPS are broader.

17 U.S. Code § 107 Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

FAIR USE FAIR USE EXAMPLES Nonprofit educational purposes Criticism Parody Access to the visually impaired News reporting Scholarship Research