JRN 302: Introduction to Graphics and Visual Communication - Public Domain, Copyrights, Trademarks, Plagiarism Wednesday,

Class Objectives Lecture Public Domain, Copyrights, Trademarks, Plagiarism Review on SM Graphics what is and what is NOT allowed Homework assignments Reading Assignments: copywriter-pays-4000-for-10-photo/ infringement?utm_content=buffer24942&utm_medium=social& utm_source=twitter.com&utm_campaign=buffer Warmerdam, 2014 Work on your SM Graphics (due by end of class 10/15/15)

What is public domain? A range of materials (called “intellectual property”) that are available for anyone to use for any purpose Includes music, literature, art, blogs, websites Books such as the Bible, but translations may be copyrighted Images  Raster  Vector Very few sound recordings are in PD Varies by country Something that is PD in one country may not be in another country Do not need to pay royalties $$ for using PD work (no licenses on)

What is a copyright Protection of your intellectual property (specifically, design works fixed in any tangible medium of expression) Your copyright protects your particular form of expression that resulted in a book, poem, music, sculpture, movie, letter, or other printed material, sound, or visual art from being copied w/o your consent Even HTML/web page designs are copyrighted! If you copy HTML and replace images with your own, probably violated a copyright law

Copyrightable content as it pertains to JRN/ADV/PR? Yes, these can be copyrighted Photographs Brochures Newsletters No, these are not protected by copyright Sounds Names, titles, short phrases (slogans) Colors Ideas Inventions

Public Domain vs. Copyright Copyright occurs at time of creation and runs through a limited period of time (normally creator’s life + 70 years) When copyright expires, the work enters the public domain. Again, PD means you can make copies of the work and don’t have to pay $$ for it.

Copyright Laws What are a copyright laws? Grants the author six exclusive rights the right to reproduce the work the right to create derivative works based upon the original work the right to distribute copies of the original work (sale, rental, license, assignment, or otherwise) the right to publicly perform the work the right to display the work the right to prevent distortion, modification, or mutilation of the work Source:

Copyrights What do the 6 rights actually mean? Author has the right to stop other parties from Making copies of the work Making changes to the work or creating new works based on the original work (derivatives, see next slide) Distributing the work Publishing the work Licensing the work to others Otherwise exploiting the work

Popular Lawsuit involving derivatives The Obama Hope Poster (A.P. v Shepard Fairey) Legal under fair use as 2008 campaign poster Had the approval of the official Obama campaign After Obama became the President, in 2009, the Fairey portrait used in the poster was acquired by the Smithsonian At this time, it was learned that portrait was based on 2006 A.P. photograph  A.P. sued Fairey  2010, A judge urged a settlement, stating that AP would win the case Source:

U.S. Copyrights How long do they last? Works before 1923 are in the public domain Works from =life of creator + 70 years Works from present copyrighted by individuals =life of creator + 70 years Works from present by or for corporations = 95 years from publication or 120 years from creation, whichever is shorter. Simply stated.. They are not indefinite! They expire!

Copyrights- limitations Rights are subject to certain limitations One of these limitations is the "fair use" exception. Permits use of a work, even without the consent of the author or copyright owner, for certain limited purposes Purposes include uses for criticism/parodies, comment, teaching, news reporting, scholarship or research

Is this breaking the law? You create a Parody Twitter Account of a local attorney and find a photograph on his website to use and post on your Twitter parody profile. What happens? Attorney website: Twitter Parody Account: To date: appeal

Copyrights-considerations Deep pockets- show me the money How much money is being made off of your copyrighted property? Can you afford to hire a lawyer? Non-profit vs for profit International arena has much looser standards on copyrights than U.S.

To register or not to register Do you need to register your work with the U.S. Copyright Office in order for it to be protected under copyright laws? No! Work is protected by copyright law as soon as it is fixed in a tangible medium. An unregistered copyright entitles you to reproduce, sell, and perform the copyrighted work. You can send cease and desist letters, DMCA take-down notices… But what if someone using your copyrighted work won’t stop using it after you tell them to stop? 'In England, if you commit a crime, the police don't have a gun and you don't have a gun. If you commit a crime, the police will say, "Stop, or I'll say stop again"' Robin Williams

Registering your work Why do you register your copyrighted work? To be able to sue (and ask for attorneys fees) To collect statutory damages: The charges allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work A brochure with 4 photos = 5 pieces of work How much does it cost to register your work? $35 to file claim, if approved another $45 Copyright symbol is © Not required but good to have In PS, this symbol is under the custom shape tool

As it pertains to JRN/ADV/PR? Protected by Copyright laws Photographs Brochures Newsletters Protected by Trademark laws Sounds Names, titles, short phrases (slogans) Colors Protected by Patent laws Ideas Inventions

What is a trademark Names, logos, colors, words, sounds, and other identifying marks used in commerce Examples: Coca-cola logo, MGM lion’s roar, McDonald’s TM’s McDonald’s TM’s Are used to prevent others from using a confusingly similar mark You are protecting the mark that is being used within your trade

What is a trademark Trademarks do not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Your company makes a kid’s toy Trademarks are all about if the customer is confused or not- if they think the two companies are the same! amous-movie-locations-mcdowells- from-coming-to-america/

When is something trademarked? How do I know if something is trademarked already? &state=4801:2ygo6v &state=4801:2ygo6v.1.1 Trademarks begin when the mark is used in the normal course of doing business So your class logo is not trademarked until you have it attached to a product or service and you are doing business with that product or service.

What is a trademark Can be maintained indefinitely as long as they are being used in business Trademark symbols ™ = unregistered ® = registered

Same question… to register or not register So why should I register a trademark? You can sue Your trademark area of protection is nationwide Basic cost for filing a trademark is $325 Do I have to file or register my trademark? No, but it helps to prove original ownership Do I have to put the TM or ® on my work No, but it helps tell others you know your rights

Same question… to register or not register Do I need to register with the U.S. Patent and Trademark office in order to have trademark protection? No. You still have protection under trademark laws but only in the geographic area in which the mark is used. If coffee shop sold coffee called CRAZED in California only, the trademark rights to that name exist only in California. If another coffee retailer begins to market a different blend in New York under the same name (assuming they had no knowledge of the California company), then there would be no trademark infringement.

A new spin on trademark infringement (.sucks) Websites with.sucks are coming soon Owned by Vox Populi Idea is for consumer complaints Cost up to $2500 per year to buy these names (versus mine, sarakubikphd.com, costs me $10/mnth) Calling this something similar to cybersquatting.. I buy a URL so you have to pay me a higher price  Krogers.sucks is available at Also a trademark problem…you own a trademark and can prohibit others from using it What is trademark clearing house

Trademark differences So trademarks can be indefinite as long as they are used in business Whereas copyrights expire When a trademark is abandoned, it does NOT enter the public domain And trademarks can become generic Aspirin, thermos Fair use in TMs are different… see next slide

Trademark differences Fair use in TMs are different Can use a generic word (like apple) Can use TMs in criticism (like a TV commercial mentioning how your product has less fat than a Big Mac- assuming that is true) Parody is not black or white… the issue is whether or not there is a likelihood of confusion for the customer

Question Is everything you create as a designer automatically copyrighted to you at the moment of creation/expression? Yes, and registering them helps protect them from being used by others (gives you a stronger case in court) No, depending upon your job, the company/school may actually own your work (has to do with “Work for Hire”) You would not have created the work had you not been hired by them

Question If I base a design of my own on someone else's copyrighted design- is this legal? Yes and no No- depending upon similarity (if you only change font= no.. It’s a derivative, 80% change = yes) Did you create your own graphics or steal others? Do they have a copyright lawyer Is the design popular in your trade?

Question If I can re-create a logo, it’s legally mine, right? Absolutely not. Just because you can make three circles does not mean you own the Mickey Mouse logo If I re-create a logo and add to it, it’s now legally mine, right? Absolutely not. If consumer thinks that your design is really about the first company, you have infringed on their trademark.

Plagiarism = the act of using someone else's words or ideas without acknowledging the source, thereby representing it as your own. If you use someone else's ideas, phrases, conclusions, facts, statistics, or artwork without citing where they came from, in effect, you pass them off as your own work and have plagiarized.

Difference between plagiarism and copyright/TM infringement Plagiarism is using other people's original work without crediting them as the source. Can avoid by always citing the source of any material you use that is not your own Copyright/TM infringement is using material without getting permission. Can avoid by getting permission (meaning pay them) from the copyright/TM holder to use their materials. Or fair use reasons.

Believed to be legal but are illegal in the U.S. Commercially using articles and images from other web sites. Is illegal unless explicit permission is given or the item in question is in the public domain. Scanning images from magazines and posting them on your web site. This is illegal as you are making a copy (a scan) of a copyrighted image. Getting permission from someone who has made a non-legitimate copy of the material. The rule is simple: you must obtain permission from the copyright owner only. Source: