Copyright or Copywrong

What is a copyright and what can be copyrighted? What is “Fair Use” and what four factors determine “Fair Use”? What are the two factors that determine whether something is copyrighted? What are the exceptions that do not require copyrights? Copyrights are effective for what period of time? What happens after that time period has expired? If a piece of work does not have a copyright notice does it still fall under copyright protection? Why/why not? What is the difference between a copyright and a trademark? What are the 5 rights that copyright owners have pertaining to their copyrighted work? If it’s posted on the internet is it okay to copy? Why/why not?

What are the six guidelines to follow for student multimedia use? When do you need to get permission to use and how do you obtain permission for use? How does copyright law affect work that is available on the internet? What are some guidelines for using internet materials? What should individuals not do to prevent breaking copyright law? Explain copyright infringement. What are some ways to avoid copyright infringement? What is DMCA and how does it affect users and protect original creators of pieces of work? How do you obtain permission to use a copyrighted work?

Terms to Know Copyright – the right given to the creator/s of books, audio cassettes, videocassettes, journal articles, music scores, DVDs, computer software, etc., to determine when and how their work will be used for a specific length of time. Fair Use – fair use guidelines provide exemptions to the exclusive right of copyright owners in order to advance knowledge and scholarship. Public domain means that there are no copyright restrictions and you may use the information as you wish.

Copyright Law Timeline 1790 – The first U.S. Copyright Act was enacted – The Berne Convention for Protection of Literary and Artistic Works was created to recognize copyrights between countries. The U.S. did not participate until – The present Copyright Act was enacted and took effect in – World Intellectual Property Organization (WIPO) Conference met in Geneva. An organization within the United Nations with 177 member nations charged with protecting intellectual property internationally – Copyright Treaty -protects computer programs. Gives creators control over the rental and distribution of their programs – No Electronic Theft Act (NET) – before NET a person could only be punished for reproducing copyrighted material from the Internet if they made money. Under NET anyone who reproduces or distributes copyright material electronically can be prosecuted – Digital Millennium Copyright Law (DMCA) addresses online copyright violations. Can not break the copy protection measures built into most software. Can not manufacture, sell, or distribute code cracking devices.

Dec – RIAA sued Napster for copyright violations. April 2000 – Metallic became the 1 st band to take legal action against Napster, suing it for copyright infringement. May 2000 – Metallic produced a list of more than 335,000 users it said used Napster to transfer its songs illegally. May 2000 – San Francisco court ruled that Napster was in violation of the Digital Millennium Copyright Act and required that it shut down by July June 2002 – Napster filed for bankruptcy – Recording Industry Association of America (RIAA) began using Instant Messaging function of some peer-to-peer networks to inform users that offering copyrighted music on those networks is illegal – Apple offers music through iTunes Music Store. April 2003 – RIAA sues four college students for setting up file sharing services on their college networks. Settlements ranged from $12,000 to $17,500 each. May 2003 – Roxio purchased PressPlay, a legal digital music distribution system with catalog rights from 5 major music labels. This was the foundation for the relaunch of a legal Napster. September 2003 – RIAA sued 261 downloaders who had used p2p networks to distribute copyrighted music files. Gordon, Sherri Mabry. Downloading Copyrighted Stuff From the Internet: Stealing or Fair Use? Berkeley Heights: Enslow, 2005.

Who is being hurt by copyright violations??? The music industry estimates its loses to piracy at approximately $4.2 billion annually. Movie industry – more than $3 billion annually Software industry – nearly $11 billion annually Gordon, Sherri Mabry. Downloading Copyrighted Stuff From the Internet: Stealing or Fair Use? Berkeley Heights: Enslow, 2005.

How Long Does Copyright Last? Works created after the life of the creator + 70 years. Corporate authorship - 95 years from the date published or 120 years from the date created, whichever is shorter.

Factors That Determine “Fair Use” Include: the purpose and character of the use the nature of the copyrighted work the amount and substantiality of the portion used in relation to the copyrighted work as a whole the effect of the use upon the potential market value of the copyrighted work