Copyright 101 By Dr. Bowie

What is Copyright?  Literally right to copy  Benefits the authors/owners Gives them the rights to control their own work after sale  Protects “original works of authorship” that are fixed in a tangible form

What is the History of Copyright?  Granted in US Constitution (Article I, Section 8, Clause 8, the Intellectual Property Clause), which gives Congress the power to enact statutes: 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.  Congress used power first in the Copyright Act of 1790, which has been revised numerous times for things like photographs & more  Today we base our copyright law on the Copyright Act of 1976, with some adjustments including: Sonny Bono Act in 1998: Extended term of copyright protection to life of author plus 70 yrs  Why did this come about? Digital Millennium Copyright Act: focuses on digital copyright issues like software and piracy

What is Copyrighted?  The Intellectual Property of others including: text graphics, music, & cinema  Anything with a copyright & also anything “published” in some form  Things that are not in the public domain  Your name  Doesn’t need to have the copyright symbol or be officially copyrighted Copyright gives the owner/creator acknowledgment and often money for reproduction of their property

Fair Use  Use is for comment, criticism, scholarship, education & news reporting  Small amount & not the “heart”  Is published and is commercial  Use does not impact market or value  Use is not primarily commercial Try to get as many as possible

Copyleft  Play on the words copyright  License based  Often extends limited (or full) copyright rights to the public, while retaining others  Some restrictions on use of works are removed  Can obtains licenses that allow certain select uses of your work Flickr’s photos Creative commons EFF

Current Issues: Alison Chang

 Alison is a 16 year-old who had this picture taken by her youth counselor, Justin Ho-Wee Wong  Justin posted the photo to his Flickr page with the creative Commons License that it could be used with credit to him, but only in noncommercial uses  Australia Virgin Mobile starts an ad campaign using Flickr photos and using this one of Alison with the words “Dump your pen friend” and “Free text virgin to virgin” in the ad  The ad does mention Flickr, but “fails to credit the photographer by name”  In September 2007 Chang’s family sues Australia Virgin Mobile and Creative Commons because the ad “caused their teenage daughter grief and humiliation”. Alison found the tag line "derogatory"  Virgin Mobile response : "The images have been featured within the positive spirit of the Creative Commons Agreement, a legal framework voluntarily chosen by the photographers," … "It allows for their photographs to be used for a variety of purposes, including commercial activities."

The End Works cited: Steamboat Willie image: Disney Image All other Images from Microsoft Clipart