Sarah K. Wiant College Communicators Association Washington and Lee University October 11 th, 2013.

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Presentation transcript:

Sarah K. Wiant College Communicators Association Washington and Lee University October 11 th, 2013

PUBLIC DOMAIN Materials on which the copyright has expired Materials in which the author never claimed copyright, i.e., “dedicated to the public” Materials produced by the Federal Government (Section 105) l2l2

NOTICE OF COPYRIGHT SECTION 401(B) ©, COPYRIGHT, COPR. Year of first publication Name of copyright holder © 2013 S. WIANT l3l3

COPYRIGHTS MYTH If a work does not contain the © symbol, it is not protected by copyright l4l4

WORK FOR HIRE l5l5

TERM OF COPYRIGHT 1909 Act 28 years +28 years 56 years 1976 Act Section 202 life Personal Author +70 years ? Corporate Authors 95 years after date of 1t Publication Visual Art created after 1990: Term = life of the artist section 106A(d)

TERMINATION RIGHTS 35 Years - Recover Control l7l7

l8l8

Copyright Registration & Renewal Records l9l9

EXCLUSIVE RIGHTS OF THE COPYRIGHT OWNER SECTION 106 Reproduction Distribution Adaptation Performance Display l 10

“The past is never dead. It’s not even past.” Requiem for a Nun William Faulkner l 11

“The past is not dead. Actually, it is not even past. You know who said that? Faulkner and he was right…” Midnight in Paris Written and Directed by Woody Allen l 12

FAIR USE FACTORS Purpose of Use Nature of Work Amount and Substantiality Effect on the Market l 13

SECTION 110(1) Any Copyrighted Work Complete Work Face to Face Instruction l 14

DISTANCE EDUCATION l 15 Section 110(2)

WEB SITES overview/chapter9/index.html l 16

COPYRIGHT CLEARANCE CENTER l 17

Concern about loss of potential revenue Enormous creativity New business opportunities Explosion of expression VIACOM v. YOUTUBE

Service provider shall not be liable by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if… SECTION 512(C)

No actual knowledge that material is infringing Unaware of facts from which infringing activity is apparent Acts expeditiously to remove or disable access to material No financial benefit SECTION 512(C)

Expedited measures for unauthorized uses that could be considered fair Human review of clips before take-down Commitment to avoid take-down of transformative uses SECTION 512 TAKE DOWN

Sarah K. Wiant

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