Copyright 101 Understanding the Basics 1

Myths You can use anything you can download from the Internet If a work does not contain the copyright symbol ©, it’s not protected by copyright You can use any amount of any work as long as it’s for class You can use anything as long as you give credit No one will find out or come after you 2

Copyright Fundamentals Authority to establish Copyright Law comes from the US Constitution Purpose is to balance interests of owners/authors with interests of the public Gives authors exclusive rights to control how their work can be used 3

Copyrightability Factors Expression: not ideas, processes, systems  Photography, writing, music, dance Originality: some modicum of creativity  Does not have to be novel or unique Fixation: established in a tangible medium  The work exists and can be experienced 4

Protected Works Literary works Musical works, including any accompanying words Dramatic works, including any accompanying music Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works 5

Works Not Protected Ideas Facts themselves v. selection and arrangement Public domain Federal government publications Titles, names, short phrases, slogans  May be eligible for trademark protection 6

Start and Duration Copyright attaches as soon as work is created  Scribbled, drawn, keystroked, recorded  Including this PowerPoint presentation! Generally, copyright lasts the life of the author plus 70 years Registration and notice not required but provide warning to world and special legal protections  © Copyright symbol no longer required on a work 7

Limitations to Copyright Fair Use Doctrine Libraries and Archives First Sale Doctrine  Copyright does not transfer to the buyer when you buy a book, CD, or DVD— the sale transfers only the physical copy to you Educational exemption for certain activities 8

Fair Use Decided in courts on case-by-case basis  No set formula Purposes  Criticism  Comment  News reporting  Teaching (including multiple copies for classroom use)  Scholarship  Research 9

Fair Use Factors Factors include but are not limited to:  Purpose and character of use (commercial v. nonprofit educational purposes)  Nature of the copyrighted work (fact v. fiction)  Amount and substantiality of the portion used in relation to the copyrighted work as a whole  Effect of the use on the potential market for or value of the copyrighted work 10

Infringement Violating one of the exclusive rights granted to a copyright owner  Making unauthorized use of a work Damages can be up to $150,000 for each instance of willful infringement Intent of the infringer is not a defense Ignorance of the law is not a defense 11

Public Domain Works no longer protected by copyright  Copyright expired or lost over time or by circumstance  Work donated to public domain Can use and modify work in the public domain however you wish Generally, works created before 1924 are in the public domain 12