Intellectual Property/Copyright and The Public Domain

What is intellectual Property? Of the intellect, created in the mind Of the intellect, created in the mind Unique Unique Intangible; value is derived from concepts, not a physical existence Intangible; value is derived from concepts, not a physical existence Sometimes subject to protection of the law Sometimes subject to protection of the law Patents Patents Copyright Copyright Trademark Trademark Legal protection is for a limited time: then items fall into public possession called “public domain” Legal protection is for a limited time: then items fall into public possession called “public domain” Also to note: different from country to country

Why protect intellectual property? To acknowledge the process of creation as important To acknowledge the process of creation as important To allow the creator to benefit professionally To allow the creator to benefit professionally To allow the creator to benefit financially To allow the creator to benefit financially To allow the creator to control their reputation To allow the creator to control their reputation To encourage others to continue to create To encourage others to continue to create

What is Copyright? Form of protection by the laws of the US to the authors of “original works of authorship” Form of protection by the laws of the US to the authors of “original works of authorship” Available to both published and unpublished works Available to both published and unpublished works Copyright owner get exclusive right to do and to authorize others: Copyright owner get exclusive right to do and to authorize others: To reproduce the work To reproduce the work To prepare a derivative works based upon the work To prepare a derivative works based upon the work To distribute copies to the public To distribute copies to the public To perform or display the work publicly To perform or display the work publicly *copyrighted materials include all photos, music, movies, software, books, online essays, art work, graphics, logos

Is copyright forever? No, Laws set expiry dates for copyright at which time materials then pass to the public domain, “PETER PAN” No, Laws set expiry dates for copyright at which time materials then pass to the public domain, “PETER PAN” Once in public domain, other can use the ideas, images, words from materials to republish, reinvent or repurpose into new creative works Once in public domain, other can use the ideas, images, words from materials to republish, reinvent or repurpose into new creative works CTEA: recently upheld Supreme Court extends the length of time: It is now life of the author plus 70years. CTEA: recently upheld Supreme Court extends the length of time: It is now life of the author plus 70years.

Why then have public domain? To keep a rich bed of material available for others to build on. To keep a rich bed of material available for others to build on. To acknowledge that a productive society needs to build on past achievements and creations of its members. (Dr. Shriver - Cradle of Coaches) To acknowledge that a productive society needs to build on past achievements and creations of its members. (Dr. Shriver - Cradle of Coaches) Clueless and Oh, Brother where art thou? Clueless and Oh, Brother where art thou?

So What about digital music and movies? Making mp3s from CDs for your OWN personal use is OK Making mp3s from CDs for your OWN personal use is OK Making copies of DVDs that have copy protection built into them (most do) is NOT. Making copies of DVDs that have copy protection built into them (most do) is NOT. Any activity that involves sharing files with others is illegal unless you have EXPLICIT permission of the person who owns the copyright. Any activity that involves sharing files with others is illegal unless you have EXPLICIT permission of the person who owns the copyright.

So what does it mean for me? NO CD copies or mixed music CDs for friends NO CD copies or mixed music CDs for friends No downloading music that you don’t pay for No downloading music that you don’t pay for No sharing of files even if you own the CD or the Internet or any other way. No sharing of files even if you own the CD or the Internet or any other way.

Recent Legal Developments Changes all the time Changes all the time

Why should you care? Big Business will be controlling Big Business will be controlling Fair Use and the Public Domain will be threatened Fair Use and the Public Domain will be threatened Artists and record companies are losing money, thus higher ticket prices for concerts, CDs, songs used on TV and movies Artists and record companies are losing money, thus higher ticket prices for concerts, CDs, songs used on TV and movies

What can you do? Respect the rights of copyright holders – you might be one someday – JORDAN Respect the rights of copyright holders – you might be one someday – JORDAN Use pay for download sites and show music and movie companies that there is profit to be had in alternative models of distribution. Use pay for download sites and show music and movie companies that there is profit to be had in alternative models of distribution. STAY INFORMED STAY INFORMED