Intellectual Property: Introduction to Copyright Peter B. Hirtle Intellectual Property Officer Cornell University Library

University Library 2 Lecture themes  What is intellectual property? Why does it exist?  Can one use copyrighted material?  What is the future of copyright? DON’T EXPECT DEFINITE ANSWERS IANAL

University Library 3 Where does copyright come from? US Constitution (Article 1, Section 8, Clause 8) 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;

University Library 4 The Copyright Balance  Advances “Science and the Arts” (a public good)  By protecting a monopoly right of individuals (a private benefit) Who wins when the two collide?

University Library 5 Further Sources for Copyright  US Code (Title 17)  Interpretation by US Courts –To date, few court cases to test distribution of material on the Internet

University Library 6 What works are eligible for copyright protection?  Original works of authorship –Originates with an author –Minimum amount of creativity Compilations –Expression only; not ideas or facts  Fixed in a tangible medium of expression  Artwork, prints, sculpture, film, electronic media  Copyright is separate from physical ownership Web sites are eligible for copyright protection

Who here has copyrighted something?

University Library 8 How does one secure copyright protection?  Automatic Protection –Since 1 March 1989  No requirement for notice or registration  Registration is still a good idea if you want to sue… ©

University Library 9 Who is the owner of the copyright?  Creator of the original work  Work-for-hire –Employers own your work –Student work? See Copyright.html  Assignment and transfer

University Library 10 What are the rights of the copyright owner?  Reproduction  Distribution  Derivative works  Public performance and display  Moral rights for art  Technological protection systems

University Library 11 How long do copyrights last? A long time….  Works created during or after 1978 –Life of the author plus 70 years –Work for hire: 95 years from publication  Works published before 1978 –Generally 95 years maximum –Shorter if the work was not registered/renewed  Works created but not published before 1978 –Life of the author plus 70 years –Delayed until 1 January 2003

University Library 12 How Much at Risk Are You?  Costs associated with suits are high –Actual, statutory damages –Attorney’s fees  Arena is international, with different rules  You run afoul of the JA as well

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University Library 14 So How Can You Use Copyrighted Material?  Legal exemptions –First sale –Library photocopying –Audio Home Recording –Fair Use

University Library 15 Fair Use  Judicially interpreted doctrine – no guidelines –Purpose –Nature –Amount –Effect on market  Examples: Betamax, reverse engineering, Napster

University Library 16 New: Emergence of quasi- copyright  Technological protection measures  Encryption  Licensing –Click-through, shrinkwrap licenses  Digital rights management

University Library 17 West Coast vs. East Coast code…  Right to read anonymously?  Pay-per-view versus ownership  Jeffersonian ideals?  See

University Library 18 Other Forms of Intellectual Property  Patent  Trademark  Privacy  Publicity  Trespass

University Library 19 For More Information…  “Guidelines for the Inclusion of Copyrighted Material on Course Web Pages:”  “10 big myths about copyright explained:”  The Copyright Law”