COPYRIGHT VS. “COPYWRONG”: TEACHING COPYRIGHT ETHICALLY Karla Carter Bellevue University The Consortium for Computing Sciences in Colleges, Eastern Region 29th Annual Regional Conference November 1, 2013 The College of New Jersey, Ewing, NJ

We live in a world of digital content. Everyone has access to a myriad of online resources: images, sounds, music, videos, and text. Whether we are operating as content creators or content consumers, copyright considerations touch us all daily. Copyright is not merely the sum of its legal parts, but also has ethical implications, particularly when combined with technology. Teaching copyright, therefore, should focus not only on the legal and economic aspects, but also the ethical aspects, including moral rights of attribution, integrity, and privacy. Workshop participants will leave with a practical strategy for teaching copyright in all its aspects.

US COPYRIGHT LAW Article I, Section 8, Clause 8 of the United States Constitution: “The Congress shall have Power...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.”

FAIR USE AS ETHICS What is Fair Use? Teaching Fair Use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1)the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copy- righted work as a whole; and (4) the effect of the use upon the potential market for or value of the copy- righted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

FOUR FACTORS OF FAIR USE the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the portion taken the effect of the use upon the potential market

CURRICULA Electronic Frontier Foundation (EFF) “Teaching Copyright” US Library of Congress “Taking the Mystery Out of Copyright” Copyright Kids “Copyright Basics” YouTube Copyright School

Copyright Curriculum for California Kindergartens

MORAL RIGHTS What are moral rights? US vs Rest of World

MORAL RIGHTS right of integrity the right of attribution the right of disclosure the right to withdraw work from the public (aka privacy)

MORAL RIGHTS - FILM digital 'colorization' of black & white feature films 'letterboxing' and other formatting changes to feature films editing by broadcasters, distributors and other entities that damages the integrity of a feature film or other work damage through the insertion of commercial advertisements and other extraneous content during broadcasts of films and other works

MORAL RIGHTS - USA Visual Artists Rights Act of 1990 (VARA) limited to works of art that meet certain requirements Moral rights not specifically stated in law; covered under other laws such as specific defamation or tied to infringement

MORAL RIGHTS LEGAL CASES The Iron Curtain (1948) US: Shostakovich v. Twentieth Century-Fox (1949) Public Domain music US did not recognize Russian/Soviet copyrights since Russia/Soviet Union did not recognize Western copyrights France: Societe Le Chant du Monde v. Societe Fox Europe and Societe Fox Americaine Twentieth Century (1953) droit moral Film seized Dastar Corp. v. Twentieth Century Fox Film Corp (2003) Crusade in Europe | World War II Campaigns in Europe Lanham Act Public Domain

COLORIZATION LEGAL CASES The Asphault Jungle John Huston Turner Entertainment and la Cinq (France) moral rights inalienable and last beyond death The Seventh Cross Fred Zinnemann Telemontecarlo (Italy) Congress, 1988: "Future generations must have the right to see [films] in the original form.“ Technicolor was available; artist choose Black & White

ACTIVITY How would you create a discussion question or assignment that focuses on moral rights of Copyright?

QUESTIONS?