1. Copyright & Fair Use

2. What is copyright?
The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

3. What does it do?
Gives authors or artists the legal right to exclude others from using their works.

4. Copyright Information
Copyright protects “original works of authorship” that are fixed in “a tangible form of expression.”
Rights begin at the moment of “fixation.”
PACA Copyright

5. Copyright Information
Copyright is automatic when a protectable work has been fixed in a tangible medium such as a floppy disk or hard drive.
A poem or picture is as much protected on a disk as on a piece of paper or on a canvas.

6. What is protected?
literary works (all text including computer software)
musical works
dramatic works
pantomimes & choreographic works
pictorial, graphic, & sculptural works
motion pictures & other audiovisual works
sound recordings
architectural works
Photographs, illustration and computer generated graphics are protected as “pictorial, graphic and sculptural works”
17 USC Section 102(a)
PACA Copyright

7. What is not protected? ideas, concepts, or discoveries
titles, names, short phrases, and slogans
works that are not fixed in a tangible form of expression such as improvised speech or dance
works consisting entirely of information that is commonly available and contains no originality
anything written or created by the US government
Remind the audience that other laws may protect these categories, for example, short phrases could have trademark protection.
Section 102(b) excludes ideas, processes, etc.
Section 105 –copyright not available for US Government works-but government may hold a copyright
Copyright does not protect the IDEA only the EXPRESSION of the Idea.
Question always for a creative person, where to draw the line, where does the idea stop and the expression start? How much can you be influenced by an idea without taking copyrightable expression?
PACA Copyright

8. What rights does the owner control?
Rights to:
make copies of the work
distribute copies of the work
perform the work publicly (such as for plays, film, or music)
display the work publicly (such as for artwork, or any material used on the internet or television)
make “derivative works” (including making modifications, adaptations or other new uses of a work, or translating the work to another media)
Section 106 describes exclusive rights a copyright holder controls.
These rights are exclusive to the copyright owner and permission is needed, unless there is a specific exception such as fair use, or limited use for preservation by libraries or for use in education under the TEACH Act which permits certain performances and displays. These exemptions are limited so its better if uncertain to assume that permission is needed to use a work.
(For statutory limitations, see Sections 107 (fair use) 108 (libraries and archives) 110 (education). Other exemptions exists under the Copyright Act as well).
Copyright is like owning a bundle of sticks (like pick up sticks). You can give different users different rights/sticks. The same image can be used on a magazine cover, in an advertisement, in a website design or incorporated in a documentary film, for example.
PACA Copyright

9. How long does copyright protection last? (Current Act)*
for the life of the author, plus 70 years
95 years for corporations
The current act has been effective since Under the old Act of 1909, there was a 2 tier system for published and unpublished works. Published works required registration and subsequent renewal during the 28th year. As there have been many amendments extending the second renewal term, the term for pre 1978 works is very confusing. It is best to consult some very comprehensive charts available through the Copyright Office website where you can find circulars on copyright duration or some university websites such as Cornell Law School
Circular 15a-Duration of Copyright
Circular 15t -Extension of copyright term
*since 1978
PACA Copyright

10. Limits to Copyright
messages and web pages may be covered by copyright but such protection is subject to limits.
It does not give its owners the right to sell or distribute such things as libelous messages or works that are obscene or invade someone’s right of privacy.

11. How can I tell if its copyrighted?
Look in the GET INFO (Mac) or Properties screen for trademark information
Contact author if possible

12. What if I use copyrighted work?
If you use copyrighted work and author finds out, he/she must notify you in writing if he/she wants you to remove it.
You MUST remove it.

13. When can you use copyrighted material?
Personal, academic, not-for-profit use – some authors will let you use
Give the author credit
Linking to author’s site
This falls under “Fair Use”

14. Fair Use
A doctrine in the US copyright law that allows limited use of copyrighted material without requiring permission from the rights holders such as for commentary, criticism, news reporting, research, teaching or scholarship.

15. What should I do? Use your best judgment
Everything on Web is copyrighted property of someone
Academic use does NOT automatically protect you from being sued for copyright infringement.
for coverage on academic use

16. Free Stuff
You can find totally free graphic sites on the Web by entering “free graphics” into a search engine.
Images usually are poor quality
Worth it; free

17. Finding Images
Your responsibility to find out if it is free for your use or not.
Law – every image is protected by copyright automatically when it’s created
Question – Does owner care if you use it?

18. Copyright Resource Visit The U.S. Copyright Office Home Page
Read all about U.S. copyright law.