1. Copyright on the Internet – Illustrated Essentials Why Copyright Matters Unit A

2. 2 Copyright on the Internet Why can’t I use everything on the Internet? When does copyright protection begin? What exactly does a copyright holder own? What happens to copyright when I buy work? How do I protect my own work? Unit Objectives

3. Unit A 3 Copyright on the Internet What work is not copyright protected? How do I find media I can use? Topics and Inquiries: Artistic expression or illegal acquisition? Copyright in Context: Determining use Unit Objectives (concluded)

4. Unit A 4 Copyright on the Internet Internet Free To Use However Copyright: grants exclusive rights to authors (creators) or work –Gives creator control over how work is used –Protects the expression of an idea but not the idea itself Why can’t I use everything on the Internet?

5. Unit A 5 Copyright on the Internet Copyright balances protection and innovation: –The right of the creator to benefit from their work and –The right of society to build upon the work Why can’t I use everything on the Internet?

6. Unit A 6 Copyright on the Internet Technological change linked closely to copyright law Internet and digital technologies present a dilemma: ease of copying Why can’t I use everything on the Internet?

7. Unit A 7 Copyright on the Internet The difference between idea and expression

8. Unit A 8 Copyright on the Internet When does copyright protection begin? Work must be an original work of authorship fixed in a tangible medium of expression

9. Unit A 9 Copyright on the Internet When does copyright protection begin? Original - not necessarily novel or unique Tangible medium of expression –The work can be viewed or experienced Digital and analog media –Minimal amount of time Computer RAM

10. Unit A 10 Copyright on the Internet When does copyright protection begin? Works of authorship –Literary –Musical –Dramatic –Pantomimes and choreography

11. Unit A 11 Copyright on the Internet When does copyright protection begin? Works of authorship –Pictorial, graphic, & sculptural »Architectural plans –Sound recordings –Architectural »Buildings

12. Unit A 12 Copyright on the Internet How long does copyright last? Works created since 1978 –Life of author plus 95 years Works published 1923 – 1977 –Generally 95 years, but possibly less if not registered Works published before 1923 –Now in public domain

13. Unit A 13 Copyright on the Internet Conditions for copyright protection

14. Unit A 14 Copyright on the Internet What exactly does a copyright holder own? Bundle of rights –Reproduce the work –Prepare derivative works based on the original –Distribute copies to the public –Perform the work publicly –Display the work publicly –Perform the work through digital audio transmission

15. Unit A 15 Copyright on the Internet Bundle of Rights

16. Unit A 16 Copyright on the Internet You don’t buy the copyright when you buy the work or a copy of the work First sale doctrine –Allows the purchaser of copyrighted work (like a book or DVD) to sell or lend the item (like a store or library) –Does not transfer copyright –Does not permit copying the item in its entirety What happens to copyright when I buy work?

17. Unit A 17 Copyright on the Internet Digital technology and goods differs from real world goods DMCA prohibits hacking copyright prevention systems –Ripping a CD onto computer What happens to copyright when I buy work?

18. Unit A 18 Copyright on the Internet Register work at Copyright Office –Eligible for remedies if suing for infringement –Can’t sue if not registered –Fill out form and pay nominal fee –Research whether work already has copyright protection Also research trademark Optional © or Copyright on work – useful How do I protect my own work?

19. Unit A 19 Copyright on the Internet How do I protect my own work? WFH conditions must be one of following: –“work prepared by an employee within the scope of his or her employment” –“work specially ordered or commissioned for use,” the contract specifically states that the agreement is work for hire, & only certain categories

20. Unit A 20 Copyright on the Internet How do I protect my own work? Proper copyright notice –Copyright symbol or word –The year of first publication of the work –The name of the copyright holder © 2009 Course Technology

21. Unit A 21 Copyright on the Internet U.S. Copyright Office

22. Unit A 22 Copyright on the Internet What work is not copyrighted-protected? Work that is not protected : –Work has not been fixed in a tangible form of expression Improvisational performance –Titles, names, short phrases, and slogans You’re Fired, Mission Accomplished

23. Unit A 23 Copyright on the Internet What work is not copyrighted-protected? Merger doctrine –very limited number of ways to express an idea Scenes à faire –stock scenes, characters, and features of a work

24. Unit A 24 Copyright on the Internet What work is not copyrighted-protected? Ideas, procedures, principles, discoveries, and devices –list of ingredients, genomes, physics Useful articles –lamps, bathroom sinks, clothing, doors, and computer monitors –if the design can separated from the utility, then the design can be protected

25. Unit A 25 Copyright on the Internet What work is not copyrighted-protected? Laws, court decisions, Federal docs Public domain works –Works whose copyright expired –Works donated by owners –Works that never obtained proper copyright

26. Unit A 26 Copyright on the Internet What work is not copyrighted-protected? Important to determine if work is in the public domain While slogans, phrases, and titles are not copyright-protected, they could be trademarked

27. Unit A 27 Copyright on the Internet How Do I Find Media I Can Use? Sources –Federal government –Open access/Creative Commons licenses or photo-sharing sites whose terms permit use “Some rights reserved” similar to CC “All rights reserved” means the owner wants to be asked to use work (but will not necessarily grant permission)

28. Unit A 28 Copyright on the Internet How Do I Find Media I Can Use? Sources, continued –Libraries – public and university –Library of Congress online –Online compilations or resources

29. Unit A 29 Copyright on the Internet List of Sites

30. Unit A 30 Copyright on the Internet Artistic expression or illegal acquisition? Royalties designed to compensate composer and artist –Complex structuring –Artists have been and are exploited –Classic Blues artists were finally compensated 20-30 years later –Argument for file-sharing: most artists make more at concerts than CD sales

31. Unit A 31 Copyright on the Internet Artistic expression or illegal acquisition? Fan fiction –The argument for fan fiction takes nothing from and freely promotes the original, and is not written for profit –The argument against dilutes the value of the copyright Different things can have the same name

32. Unit A 32 Copyright on the Internet Determining Use Terms of Use –No standard link in Web site Terms, Terms of Use, Copyright, FAQ, About Me, About Us, Use, Usage, Contact Us, Privacy –Can be ambiguous or very clear –Copyright holder’s definition of use may differ with your interpretation

33. Unit A 33 Copyright on the Internet Terms of Use

34. Unit A 34 Copyright on the Internet Summary Media on the Internet does not mean free use however you want Copyright grants rights to authors for expressions, not ideas Balances protection and innovation Work must be an original work of authorship fixed in a tangible medium of expression

35. Unit A 35 Copyright on the Internet Summary, cont First sale doctrine keeps copyright with creator but allows limited distribution to buyer Register copyright to maximize protection Work for hire contract can give copyright to the part commissioning the work

36. Unit A 36 Copyright on the Internet Summary, cont Not all work eligible for copyright protection Public domain works can be used in any way Creative Commons licenses assume and encourage use Check terms of use on Web sites