Presented By: CS 151 Section 1 Project #4 Group #6

Copyright: A form of protection that provides the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of a work. 1

To protect the works of creative minds To encourage the spread of new creative and intellectual ideas To allow the inventor to (legally) get compensation for a new idea 2

Copyrights Protect creative expression and the arrangement of ideas (works of art) Provide the exclusive right to reproduce works Involve short, easy registrations Last up to lifetime Are registered at the Library of Congress Patents Protect inventions Prohibit the use of ideas without authorization of the patent holder Involve thorough, time consuming registrations Last years upon filing Are registered at the U.S. Patent and Trademark Office 3

Provided the first form of copyright protection Secured an author the exclusive right to publish and vend maps, charts, and books for 14 years Protected interests of authors and promoted the progress of science Provided exclusive rights to make copies of works produce derivative works distribute copies perform work in public display work in public Source: whitterz.com 4

Lawsuits in the music industry are hard to judge How do you define originality? o Does re-using a line of lyrics or a chord make your song unoriginal? o What if the artist did not know the lyrics had been used before? Usually Judges use the "fair use" principle, which says copyrighted material can be reproduced as long as there is no commercial gain 5

Have you ever noticed that most movies do not play the entire Happy Birthday song, or that many restaurants sing their own version of the song? The song is copyrighted by Warner Music Group, which can charge a $30,000 fine for those who use it for profit without permission Even groups like The Girl Scouts have been warned not to sing the song while camping 6

The Verve had permission to use a 4 line sample from the Rolling Stones' song "The Last Time" They were still accused of plagiarizing the song by ABKCO Records, which is the Rolling Stones' record company The Verve wrote their own lyrics, but ABKCO said the group used too much of the sample in their song ABKCO won the case, and Mick Jagger and Keith Richards are given credit for the song 7

Vanilla Ice was accused of sampling Queen & David Bowie's song "Under Pressure" without proper permission Listen to a sample -> Vanilla Ice altered the rhythm of the base part, thinking it would allow him to avoid paying royalties or giving proper credit Listen to a sample -> But there was never a court case because it was clear that Vanilla Ice had stolen the sample Vanilla Ice was forced to settle with Queen and David Bowie for an undisclosed amount outside of court 8

In early 2000s, RIAA brought lawsuits against over 20,000 individuals suspected of violating copyright by filesharing, including Napster, a case which was discussed in the text. In May 2006, RIAA counterpart MPAA (Motion Picture Association of America) pressure motivated Swedish police to raid The Pirate Bay, which led to 3 days of downtime. Also in 2006, the RIAA sued Limewire, which was found guilty in 2010 of inducing and committing copyright infringement. 9

RIAA received a lot of criticism for taking children to court, like 12-year-old Brianna LaHara of New York City in The RIAA also targeted college students, allegedly advising them to drop out or switch to a less expensive college in order to afford the lawsuit. Lawsuits were brought against old women who did not even own or know how to operate computers. This attitude opposing the RIAA's mass lawsuits led to the RIAA abandoning that policy in 2008 and instead working with ISPs to enforce agreements. 10

Stephanie Lenz made a home video of her 13-month old son dancing to “Let’s Go Crazy” by Prince, which was removed from YouTube. Universal claimed that the use of the song violated copyright Lenz argued that the video was fair use because the song was not being used commercially Ruling: Copyright holders cannot order the removal of an online video file without determining whether the posting represents fair use of the material. 11

12

1. Baase, Sarah. A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet (3rd Edition), pps , , 224, 226. Upper Saddle River, NJ: Pearson Prentice Hall, Baran, Madeleine. "Copyright and Music: A History Told in MP3s." art.org/audio/historic.htmlhttp:// art.org/audio/historic.html 3. "Copyright." Merriam-Webster.com. Retrieved October 9, 2011 from 4. "Copyright Basics & Requesting Information." Brigham Young University: Copyright LicensingOffice "Copyright vs. Trademark vs. Patent." Lawmart.com "Famous Copyright Infringement Cases in Music." Image of Copyright Act of 1790, Lowry, Heidi. "Famous Copyright Infringement Cases in the Music Industry." Menn, Joseph. All the Rave: The Rise and Fall of Shawn Fanning’s Napster, pps Cambridge, Westhouse Publishers 2 nd. Ed. Rev. w. Permission, Moser, David. Moser on Music Copyright, pps New York, Artistpro, Note: this group had 24 references but directly cited or used content from only 10 of them.