Copyrights for Creatives April 16, 2014 Brocach Irish Pub
Copyright What is it? Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works
1976 Copyright Act Give owners exclusive right to do and to authorize others to do the following: Reproduce the work in copies or phonorecords Prepare derivative works based upon the work Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending Perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works Display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audio visual work Perform the work publicly (in the case of sound recordings*) by means of a digital audio transmission
What Can be Copyrighted Copyrighted works include these categories: literary works musical works, including any accompanying words dramatic works, including any accompanying music pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works
What Cannot be Copyrighted Works that have not been fixed in a tangible form of expression Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration Works consisting entirely of information that is common property and containing no original authorship.
Designers’ Rights to the Work A designer is the author and owner and has the rights as one under copyright law. Can copy, alter, reproduce, distribute, sell, display publicly or create derivative works as you wish as the owner. In the case of works made for hire, the employer and not the employee is considered to be the author. “Work made for hire” is defined as: a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned for use as A contribution to a collective work A part of a motion picture or other audiovisual work A translation A supplementary work A compilation An instructional text A test and answer material for a test if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
Who Owns the Intellectual Property Rights? When doing as an independent contractor: Keep all rights for yourself Reserve certain rights for yourself Contract the rights away, usually for a fee Assign some or all rights away Ex: Assign to a company in return for an interest in the company. Place terms and restrictions on use by others
How to Avoid Infringing on Others Intellectual Property Rights Fair Use Doctrine (guideline) What is the purpose and character of its use? What is the nature of the copyrighted work? What is the amount of the portion used? What is the effect of the use upon the potential market for, or value or, the copyrighted work? Obtain permission from copyright holder Limited Education Exception Diligent research Copyright search on all registered copyrights
How to Protect Your Work Common Law: Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. Use of TM Rights arise from actual use of the mark and may allow the common law user to successfully challenge a registration or application. Use of © Notice of copyright: © + year of first publication + name of owner (not required anymore, but good practice).
How to Protect Your Work Register it with the Federal Copyright Office or U.S. Patent and Trademark Office Can then use the ® symbol. Fees: Trademarks - $275 or $325 Copyright - $35-$80, up to $220 US Copyright office –
Benefits of Registering a Copyright Establishes a public record. Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin. If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner
Benefits of Registering a Trademark Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; Can bring an action concerning the mark in federal court; The use of the U.S. registration as a basis to obtain registration in foreign countries; The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods; and Listing in the United States Patent and Trademark Office’s online database
Creative commons, Rights Managed, and Royalty-Free Photography Creative Commons Creative commons is a non-profit organization that provides free licenses and other legal tools to mark creative work with the freedom the creator wants it to have. It can be used to change your copyright terms from “all rights reserved” to “some rights reserved” Rights Managed A copyright license, which must be purchased, that allows a one time use of the photo as specified by the license. If you wish the photo to be used for additional purposes, you will need to purchase an additional license. Royalty Free Photography The right to use copyrighter materials or intellectual property without the need to pay royalties or license fees for each use.
Creative Commons Attribution You allow others to copy, distribute, display, and perform your copyrighted work – and derivative works based on it – but only if they give credit the way you request. Share Alike You allow others to distribute works only under a license identical to the license that governs your work. Noncommercial You let others copy, distribute, display, and perform your work and derivative works based on it for noncommercial purposes only. No Derivative Works You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works, based on it.
Contracts When is one needed? You should always have one when doing work for a client. Even if it is just describes the work and compensation. How it can protect you? What should you include?
Contracts When is one needed? How it can protect you? Reduce your liability Spells out responsibilities of both parties Helps avoid going to court What should you include?
Contracts When is one needed? How it can protect you? What should you include? Terms of the agreements (The Proposal of Work) Definitions Compensation: form and amount Indemnification Intellectual Property ownership (how the work can be used) Timelines - allowed changes to proposal Type of work (independent contractor) Warranties/Guarantees Dispute Resolution clauses Termination – is it allowed, under what terms Governing Law (specify a state)