Today’s lecture will cover the following areas of your final project:  #10 Copyright Registration

COPYRIGHT Exists the moment a work becomes tangible Even virtual information is considered tangible

What is Copyright?  Artwork in any medium  It must be unique (original) and tangible (fixed)  Laws determined by each country

What can you copyright?

Copyrightable Works  Literary  Musical  Dramatic  Pantomime and Choreographic  Motion Picture and Audio-Visual  Sound recording  Pictorial, Graphic, Sculptural  Special: mask, architectural, vehicle hull

What Cannot be Copyrighted  Procedure  Process  System  Method  Concept  Title  Word  Phrase  Slogan  Motto  Idea  Principle

What Cannot Be Copyrighted Patent  Procedure  Process  System  Method  Concept Trademark  Title  Word  Phrase  Slogan  Motto Idea Principle

Is it tangible? (Fixation) Fixed  Paper  Film  Tape/CD/DVD  Notational Schemes  RAM Not Fixed  Spoken  Radio

WIPO World Intellectual Property Organization ( WIPO )  A committee of the United Nations (U.N.)  They oversee intellectual property cases around the world  They don’t create laws, but just help settle IP disputes  They are influential in Internet disputes  Go to wipo.orgwipo.org

Digital Millennium Copyright Act  Signed by President Clinton in 1998  Addressed Internet copyright issues  Brought the U.S. into compliance with WIPO treaties

Digital Millennium Copyright Act  Limited “safe harbor” for ISP’s (“notice & take down” rule)  Illegal to remove or alter copyright information (author, owner, performers, terms of use)  Illegal to circumvent copyright protection (descramble, decrypt, etc.)

Sonny Bono Copyright Extension Act  Extended copyright terms an additional 20 years

Individual Copyright lasts for the life of the artist plus 70 years if the law changes, the artist can reapply for the extension virtually every piece of art since 1922 is under copyright

Company Copyright It lasts either… 95 years after it hits the market OR 120 years after creation …whichever comes first

Company Copyright Disney has been instrumental in the extension of this Companies will also use trademarks to keep IP after the copyright runs out

Sound Recordings Sound Recordings were not copyrightable until 1978 So now all sound recordings are under copyright (Even recordings made prior to 1978)

Consists of 3 elements: 1. The symbol © or the word “copyright” or “copyr.” 2. The year of first publication 3. The name of the owner Copyright Notice © 2002 Homer Simpson

Why should you register?  Required to bring legal action  Statutory damages  Attorney’s fees reimbursed  Public record  Protect against importation of infringing copies by recording registration with U.S. Customs Service and….

Why should you register your work? (continued)  Collect any profits made by infringer  $20,000 - $100,000 fine  Possible jail time for infringer

To register a copyright The cost is $30 Go to to download formswww.loc.gov Examples of forms are also in your course manual

Copyright Forms TX  Text  Books  Computer Programs VA  Visual Arts  Photographs  Artwork  Sculpture PA  Performing Arts  Music  Drama  Motion Picture  Audio-visual SR  Sound recordings

What do you get for a copyright? You have 5 basic rights You are the only one with the right to… R-P-3D take from ex., statues in a gallery hand out live/broadcast/streaming Distribute Display Derive Perform Reproduce make copies

Which of the 5 rights does a Consumer have? Which of the 5 rights does a Consumer have? reproduceonly for personal use perform privately for free deriveno distribute no display privately for free You can also sell something you purchase (CD, DVD, video, game)

Copyrights and Contracts Copyrights and Contracts All contracts negotiate the giving up of one or more of the 5 basic rights in return for something else

Exercise of Rights  May only be enforced by owner  Each right may be transferred individually (“licensing”) in exchange for royalties or other compensation  All rights may be transferred (“assignment”)

Licensing v. Assignment of Copyright Licensing - you give specific (limited) rights and retain ownership of the copyright Assignment - you are giving away all rights and ownership forever!

Definitions and Issues Author person who created the work … …or the one who makes the work tangible… …or the employer

Work Made for Hire work made while working for an employer - that work is owned by the employer and can be copyrighted by the employer

Independent Contractor shows up for work at appointed time and finishes work for the employer

Independent Contractor v. Work for Hire the longer you’re employed by a company, the more likely you’d be considered work-for-hire (even if there’s no work for hire contract) make sure your contract with an employer clearly states the terms of your employment

Joint Ownership of Copyright  Control over the work will be equally shared  Profit from the work will also be equally shared, unless the agreement states otherwise

Copyright Infringement?  “My Sweet Lord”  “He’s So Fine” by the Chiffons

12 Monkeys v. Neomechanical Tower

Batman Forever?

Bourdin v. Madonna  Bourdin French fashion photographer from the 1970s  Madonna accused of copying his work in her “Hollywood” video

Lecture Review Questions  What does copyright protect?  What 2 qualities must a work have to qualify for copyright protection?  When does copyright protection begin?

Lecture Review Questions  For how long does a company copyright last?  What is the term limit for an individual copyright?  What is the public domain?

Lecture Review Questions  Explain the benefits of registering a copyright.  Describe the rights of a copyright owner.  Does a consumer have any of these rights?

Lecture Review Questions  Explain the difference between licensing and assignment of a copyright.  Who can be the author of a work?  Explain the difference between a work for hire and an independent contractor. How do you protect your rights as an independent contractor?

Lecture Review Questions  What did the DMCA do?  Does a transfer of copyright have to be in writing?

Today’s lecture covered the following area of your Final Project:  #10 Copyright Registration