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Presentation transcript:

Hosted by The Open.Michigan Team University of Michigan Open Access Week 2009 This presentation is not affiliated with or endorsed by Jeopardy TM or Sony Pictures Entertainment. Copyright 2009 The University of Michigan. Except where otherwise noted, this work is licensed under the Creative Commons Attribution 3.0 United States License. To view a copy of this license, visit.

Copyright 101 Fair Use? Copyrights and Copywrongs Copyright

Row 1, Col 1 The constitution states that its purpose is “to promote the progress of science and useful arts”. What is Copyright?

1,2 This limitation on the exclusive rights of a copyright holder allows one to use a copyrighted work for certain purposes without seeking permission. What is fair use?

1,3 What is copyfraud? Another name for false claims of copyright ownership or restrictions.

1,4 This allows libraries to lend books, video stores to rent movies, and students to sell used textbooks. What is the first sale doctrine?

2,1 This does not, necessarily, reward effort, hard work, or novel, brilliant or fascinating works. What is Copyright?

2,2 In addition to assessing the purpose and character of the use, the nature of the copyrighted work, and the amount and substantiality of the portion taken, this fourth factor is one of the most important in determining whether a use may be fair use. What is the effect on the market for the original?

2,3 What is “no part of this excerpt may be reproduced or reprinted without written permission from this may be used without written permission in writing from the publisher.” An overtly misleading and false statement in this book’s license page.

2,4 Works created on or before this date within U.S. jurisdiction are within the public domain. What is 1923?

3,1 In order to assess whether a given object might merit copyright protection, one must determine this basic requirement. What is creative expression?

3,2 In Suntrust v. Houghton Mifflin Co. (2001) the 11th Circuit held that the novel The Wind Done Gone by Alice Randall was a fair use of this original novel. What is Gone with the Wind?

3,3 The reason this book is an example of copy fraud: Copyright (C) 2002 by Stackpole Books All rights reserved, including the right to produce this book or portions thereof in any form or by any means, electronic, or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher Craighill, William ( )... Originally published: the army officer's pocket companion by William Price Craighill. New York: D. Van Nostrand, What is the work is in the public domain?

3,4 The duration of copyright in the first U.S. copyright law, the copyright Act of What is fourteen years?

4,1 For individuals, life of the author plus 70 years. For works for hire, between years, depending on the publication date of the work. What is the duration of copyright?

4,2 The fair use doctrine was codified by Congress in this section of the United States Code. What is section 107?

4,3 An overtly misleading and false statement in this NFL announcement: “this telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL’s consent, is prohibited.” What is “Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL’s consent, is prohibited.”

4,4 Neither a copyright notice (©) nor this is required for copyright protection What is copyright registration?

5,1 Facts, recipes, data, statistics, citations, and ideas have this in common. What are things nor protected by copyright? (also accept public domain)

5,2 In a current lawsuit this artist claims that his famous red, white, and blue poster of President Barack Obama is a transformative and fair use of a photograph by Manny Garcia which was published in the Associated Press. Who is Shepard Fairey?

5,3 According to the U.S. Copyright Act of 1976, the maximum penalty for "any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false.” What is $2500?

5,4 Duplication, performance, derivative works, distribution, public display. What are the exclusive rights of the copyright holder?