1. Intellectual property Copyright law and what it means to a working journalist

2. Constitutional considerations Copyright is included in Article I, Section 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”

3. Constitutional considerations Copyright is included in Article I, Section 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” Where have we heard this before?

4. Constitutional considerations Copyright is included in Article I, Section 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” Where have we heard this before? Article 6: Free press versus fair trial

5. Purpose of copyright Encourage creativity for the benefit of all

6. Purpose of copyright Encourage creativity for the benefit of all Purpose is lost when copyright term is extended too far

7. Purpose of copyright Encourage creativity for the benefit of all Purpose is lost when copyright term is extended too far Elred v. Ashcroft upheld decades- long terms

8. What can’t be copyrighted? Information and ideas, as opposed to a specific expression of those ideas

9. What can’t be copyrighted? Information and ideas, as opposed to a specific expression of those ideas Titles

10. What can’t be copyrighted? Information and ideas, as opposed to a specific expression of those ideas Titles Compilations of works with no creative value –Feist Publications v. Rural Telephone Service Co. (1991)

11. Who holds copyright? Individual creator when he or she is self-employed

12. Who holds copyright? Individual creator when he or she is self-employed Client when relationship is “work for hire”

13. Who holds copyright? Individual creator when he or she is self-employed Client when relationship is “work for hire” Visions of online profits have tilted the balance against freelancers’ rights

14. Fair use Allows you to use a small part of a copyrighted work without getting permission or paying compensation

15. Fair use Allows you to use a small part of a copyrighted work without getting permission or paying compensation Especially valuable in criticism –Text excerpts –Sound clips –Song lyrics –Art shows

16. Four elements Purpose and character of use –Nonprofit, educational, and “transformative” uses (such as parody) are more likely to be protected by fair use than commercial uses

17. Four elements Purpose and character of use Nature of the copyrighted work –“Expressive” works such as fiction, poetry and music are less likely to be covered by fair use –Unpublished works are less likely to be covered by fair use –Out-of-print works are more likely to be covered by fair use

18. Four elements Purpose and character of use Nature of the copyrighted work Amount and “substantiality” –Not done by word count; based more on whether the heart of the work was taken –Gerald Ford’s memoirs a good example

19. Four elements Purpose and character of use Nature of the copyrighted work Amount and “substantiality” Effect on market –Most important factor –If copyright holder can be shown to have lost money, fair use is less likely to be recognized

20. Harper & Row v. Nation All four factors cut against The Nation

21. Harper & Row v. Nation All four factors cut against The Nation Economic effect was especially clear

22. Harper & Row v. Nation All four factors cut against The Nation Economic effect was especially clear A good decision? Or was journalism about a former president being punished?

23. The “Pretty Woman” case Roy Orbison2 Live Crew

24. Campbell v. Acuff-Rose Parody enjoys strong First Amendment protection

25. Campbell v. Acuff-Rose Parody enjoys strong First Amendment protection Is 2 Live Crew’s remake of “Oh, Pretty Woman” “transformative”?

26. Campbell v. Acuff-Rose Parody enjoys strong First Amendment protection Is 2 Live Crew’s remake of “Oh, Pretty Woman” “transformative”? Justice Souter says yes

27. MGM v. Grokster In Sony v. Universal, the Court ruled that the VCR was legal

28. MGM v. Grokster In Sony v. Universal, the Court ruled that the VCR was legal Napster and similar services were shut down because of massive copyright violations

29. MGM v. Grokster In Sony v. Universal, the Court ruled that the VCR was legal Napster and similar services were shut down because of massive copyright violations Grokster survived for a time because it lacked a central server

30. MGM v. Grokster In Sony v. Universal, the Court ruled that the VCR was legal Napster and similar services were shut down because of massive copyright violations Grokster survived for a time because it lacked a central server Lost because of “inducement theory”