Rights Management Overview Peter B. Hirtle Intellectual Property Officer Cornell University Library

2 Key themes What is intellectual property Focus on copyright When you can use it The danger DRM poses to your rights DON’T EXPECT DEFINITE ANSWERS IANAL

3 Intellectual Property Copyright Patents Trademark Privacy Publicity

4 Source of copyright US Constitution (Article 1, Section 8, Clause 8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

5 What works are eligible for copyright protection? Original works of authorship Originates with an author Minimum amount of creativity  Compilations Expression only; not ideas or facts Fixed in a tangible medium of expression Artwork, prints, sculpture, film, electronic media Copyright is separate from physical ownership Web sites are eligible for copyright protection

6 How does one secure copyright protection? Automatic Protection Since 1 March 1989 No requirement for notice or registration Registration is still a good idea if you want to sue… ©

7 Who is the owner of the copyright? Creator of the original work Work-for-hire Employers own your work Student work? See ml Assignment and transfer

8 How long do copyrights last? A long time…. Works created during or after 1978 Life of the author plus 70 years Work for hire: 95 years from publication Works published before 1978 Generally 95 years maximum Shorter if the work was not registered/renewed Works created but not published before 1978 Life of the author plus 70 years Delayed until 1 January 2003

9 What are the rights of the copyright owner? The exclusive rights of: Reproduction Distribution Derivative works Public performance and display Moral rights for art Technological protection systems

10 *Exclusive Right are Limited* Include: First sale Library photocopying Audio Home Recording Fair Use

11 Fair Use Judicially interpreted doctrine – no guidelines Purpose Nature Amount Effect on market Examples: time shifting, reverse engineering, Morpheus

12 Copyright Enforcement Send take-down notices Sue

14 How Much at Risk Are You? Costs associated with suits are high Actual, statutory damages Attorney’s fees But suits are expensive Courts may protect copyright balance…

15 Other solutions Social/legal Intimidate ISP’s Government involvement Technological Avoids courts Exert more control than law allows

16 Technological “fixes” Technological protection measures Access & circumvention Encryption Licensing Click-through, shrinkwrap licenses Digital Rights Management

17 The Dangers of DRM Impedes technology Broadcast flag Obliterates fair use Threatens preservation May not stop piracy Has CSS worked?

18 West Coast vs. East Coast code… Right to read anonymously? Pay-per-view versus ownership Jeffersonian ideals See

19 Conclusion: Get Involved! Speak out to Congress Support consumer groups Your local library

20 Other ideas License your own works for others to use Develop software systems for citizens, not corporations Protect anonymity in systems Include all legal rights of citizens