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Copyright Law Copyright Law

Copyright Unit Agenda 1. 2. 3. 4. 5. What is a copyright? What do Copyright Unit Agenda 1. 2. 3. 4. 5. What is a copyright? What do you have to do to get a copyright? What can be copyrighted? What cannot be copyrighted? How do you warn others that you intend to enforce your copyright? 6. Why would you register your copyright? 7. What are three exceptions to the copyright law? 8. What is the “public domain”? 9. What is “fair use”? 10. What is “parody”?

Copyright Law Before we begin: There are three important exceptions to the copyright law. Copyright Law Before we begin: There are three important exceptions to the copyright law. We will learn about the exceptions. First, though, we’ll learn what copyright is…

What is a Copyright? What is a Copyright?

What is a Copyright? right Your exclusive to use what you have created. What is a Copyright? right Your exclusive to use what you have created.

What is a Copyright? right Your exclusive to use what you have created. No What is a Copyright? right Your exclusive to use what you have created. No one else can ever use what you create without your permission.

What is a Copyright? right Your exclusive to use what you have created. No What is a Copyright? right Your exclusive to use what you have created. No one else can ever use what you create without your permission. This is your right—like the right to free speech.

What is a Copyright? right Your exclusive to use what you have created. No What is a Copyright? right Your exclusive to use what you have created. No one else can ever use what you create without your permission. This is your right—like the right to free speech. This right is called a copyright.

Copyright When you create something, you automatically own the copyright to your creation. Copyright When you create something, you automatically own the copyright to your creation.

Automatic Copyright You don’t have to do anything to have your work “copyrighted”. The Automatic Copyright You don’t have to do anything to have your work “copyrighted”. The instant you create something, it is “copyrighted”.

Copyright When you take a picture, that is your picture. You automatically own the Copyright When you take a picture, that is your picture. You automatically own the copyright to it.

Copyright When you take a picture, that is your picture. You automatically own the Copyright When you take a picture, that is your picture. You automatically own the copyright to it. No one can use the picture you took without your permission.

Copyright When you create a poem, that is your poem. You automatically own the Copyright When you create a poem, that is your poem. You automatically own the copyright to it. No one can use your poem without your permission.

Copyright When you create a new cartoon character, that is your character. You automatically Copyright When you create a new cartoon character, that is your character. You automatically own the copyright to it. No one can use your character without your permission.

Copyright When you paint a picture, that is your painting. You automatically own the Copyright When you paint a picture, that is your painting. You automatically own the copyright to it. No one can use your painting without your permission.

Copyright When you write an essay, that is your essay. You automatically own the Copyright When you write an essay, that is your essay. You automatically own the copyright to it. No one can use your essay without your permission.

Copyright When you write a song, that is your song. You automatically own the Copyright When you write a song, that is your song. You automatically own the copyright to it. No one can use your song without your permission.

Copyright When you write a play, that is your play. You automatically own the Copyright When you write a play, that is your play. You automatically own the copyright to it. No one can use your play without your permission.

Copyright When you make a film, that is your film. You automatically own the Copyright When you make a film, that is your film. You automatically own the copyright to it. No one can use the picture you took without your permission. http: //www. youtube. com/watch? v=s. CBWQvwn. UTU

Copyright When you make a film, that is your film. You automatically own the Copyright When you make a film, that is your film. You automatically own the copyright to it. No one can use the picture you took without your permission. http: //www. youtube. com/watch? v=s. CBWQvwn. UTU

What is wrong with this cartoon? What is wrong with this cartoon?

Why do we have copyright laws? Why do we have copyright laws?

Why do we have copyright laws? Two reasons: 1. To give creators an incentive Why do we have copyright laws? Two reasons: 1. To give creators an incentive to create

Why do we have copyright laws? Two reasons: 1. To give creators an incentive Why do we have copyright laws? Two reasons: 1. To give creators an incentive to create Why work so hard if someone else can copy your work, sell the copies, and keep the money? http: //www. brianmoneypenny. com/index. php? main_page=page_3

Why do we have copyright laws? Two reasons: 1. Give creators an incentive to Why do we have copyright laws? Two reasons: 1. Give creators an incentive to create 2. Promote progress of art and literature

Why do we have copyright laws? Two reasons: 1. Give creators an incentive to Why do we have copyright laws? Two reasons: 1. Give creators an incentive to create 2. Promote progress of art and literature Society benefits from new, creative, and innovative art. http: //hungeree. com/? tag=sacramento-intl-airport

What is a Copyright? Only you (or someone your give permission to) can: 1. What is a Copyright? Only you (or someone your give permission to) can: 1. 2. 3. 4. Make copies of your work Distribute copies of your work Perform your work Recreate your work in a new medium (for example, no one can make a movie based on your book without your permission)

What is a Copyright? If you create a dance routine, Beyoncé cannot use it What is a Copyright? If you create a dance routine, Beyoncé cannot use it without your permission.

http: //www. youtube. com/watch? v=V 1 LCYo. H 3 Gw. Q http: //www. youtube. com/watch? v=V 1 LCYo. H 3 Gw. Q

What is a Copyright? If you create a dance routine, Beyoncé cannot use it What is a Copyright? If you create a dance routine, Beyoncé cannot use it without your permission. http: //www. youtube. com/watch? v=V 1 LCYo. H 3 Gw. Q

What you can copyright… Things you create—called “fixed tangible works of original authorship” in What you can copyright… Things you create—called “fixed tangible works of original authorship” in copyright law.

What you can copyright… Examples: • Written works • Musical works, including any accompanying What you can copyright… Examples: • Written works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes and Choreographic works • Pictures, Drawings, and Sculptures • Motion Pictures and other audiovisual works • Sound recordings • Architectural works

Not all things you “create” can be copyrighted: Not all things you “create” can be copyrighted:

You cannot copyright… • • • Names Titles Facts Ideas Short phrases Blank forms You cannot copyright… • • • Names Titles Facts Ideas Short phrases Blank forms • Ingredient lists • Familiar symbols • Anything not fixed in a tangible form (for example, a classroom speech that has not been recorded or written down)

5 QUESTIONS: 5 QUESTIONS:

1. I want to name my rock band “Mud on Mars”. Can I copyright 1. I want to name my rock band “Mud on Mars”. Can I copyright my band’s name?

1. I want to name my rock band “Mud on Mars”. Can I copyright 1. I want to name my rock band “Mud on Mars”. Can I copyright my band’s name? No, you cannot copyright a name. You can, though, trademark your band’s name.

2. The yearbook wants to list the titles of the top ten books read 2. The yearbook wants to list the titles of the top ten books read throughout the year. Can they list the titles without violating copyright laws?

2. The yearbook wants to list the titles of the top ten books read 2. The yearbook wants to list the titles of the top ten books read throughout the year. Can they list the titles without violating copyright laws? Yes, titles cannot be copyrighted. Anyone can use a title without permission.

3. Is a kindergartener's finger paintings protected by copyright laws? 3. Is a kindergartener's finger paintings protected by copyright laws?

3. Is a kindergartener's finger paintings protected by copyright laws? Yes, of course. 3. Is a kindergartener's finger paintings protected by copyright laws? Yes, of course.

4. If you write an essay for your English class, who owns the copyright? 4. If you write an essay for your English class, who owns the copyright? a) The school, because it was a school assignment b) The teacher, because he/she assigned it c) You d) Your parents, because you are a minor

4. If you write an essay for your English class, who owns the copyright? 4. If you write an essay for your English class, who owns the copyright? a) The school, because it was a school assignment b) The teacher, because he/she assigned it c) You d) Your parents, because you are a minor

5. True or False: If you buy a painting, you also own the copyright 5. True or False: If you buy a painting, you also own the copyright to the painting, and you can make and sell photographs of it.

5. True or False: If you buy a painting, you also own the copyright 5. True or False: If you buy a painting, you also own the copyright to the painting, and you can make and sell photographs of it. False. Ownership of any work of art and ownership of the copyright of that are separate things. The creator still owns the copyright.

End of 5 QUESTIONS End of 5 QUESTIONS

How to warn others of your copyright How to warn others of your copyright

How to warn others of your copyright Add three items to your work: 1. How to warn others of your copyright Add three items to your work: 1. The © symbol 2. The year you made the creation 3. Your name © 2011 Mark Lushenko

You COULD register your copyright with the U. S. Copyright Office, but why should You COULD register your copyright with the U. S. Copyright Office, but why should you?

You COULD register your copyright with the U. S. Copyright Office, but why should You COULD register your copyright with the U. S. Copyright Office, but why should you? • You must have a registered copyright before you can start a lawsuit against someone who is infringing on your copyright

You COULD register your copyright with the U. S. Copyright Office, but why should You COULD register your copyright with the U. S. Copyright Office, but why should you? • You must have a registered copyright before you can start a lawsuit against someone who is infringing on your copyright • The registration helps prove your copyright exists

You COULD register your copyright with the U. S. Copyright Office, but why should You COULD register your copyright with the U. S. Copyright Office, but why should you? • You must have a registered copyright before you can start a lawsuit against someone who is infringing on your copyright • The registration helps prove your copyright exists • If you register your creation within 3 months of its creation and you win the lawsuit, the infringer will have to pay for your lawyer

Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. S. Government creations 3. “Fair Use”

Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. S. Government creations 3. “Fair Use”

Unlike trademarks, copyright protection does not last forever Unlike trademarks, copyright protection does not last forever

Unlike trademarks, copyright protection does not last forever After a time, your creation will Unlike trademarks, copyright protection does not last forever After a time, your creation will fall from copyright protected… copyright protected

Unlike trademarks, copyright protection does not last forever After a time, your creation will Unlike trademarks, copyright protection does not last forever After a time, your creation will fall from copyright protected… copyright protected into the public domain. Public Domain

Unlike trademarks, copyright protection does not last forever After a time, your creation will Unlike trademarks, copyright protection does not last forever After a time, your creation will fall from copyright protected… copyright protected into the public domain. Then anyone can use it. Public Domain

How long does copyright protection last? How long does copyright protection last?

How long does copyright protection last? In general, copyright protection lasts for the life How long does copyright protection last? In general, copyright protection lasts for the life of the creator, plus 70 years

How long does copyright protection last? In general, copyright protection lasts for the life How long does copyright protection last? In general, copyright protection lasts for the life of the creator, plus 70 years After that… Public Domain

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Careful! The Tarzan Works made before copyright laws are now in the “Public Domain” Careful! The Tarzan of the Apes copyright has expired, but the trademark TARZAN lasts forever and is owned by Edgar Rice Burroughs, Inc.

Careful! The Tarzan, Lord of the Apes copyright has expired, but the trademark TARZAN Careful! The Tarzan, Lord of the Apes copyright has expired, but the trademark TARZAN lasts forever and is owned by Edgar Rice Burroughs, Inc. http: //www. erbzine. com/mag 21/2162. html

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Careful! Not all Works made before copyright laws are now in the “Public Domain” Careful! Not all Bibles are in the public domain. This Bible is copyrighted by the Zondervan Publishing Company. You cannot use the words in this book without permission.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Careful! The painting Works made before copyright laws are now in the “Public Domain” Careful! The painting is in the public domain, but the photograph of the painting is owned by the person who took the photograph.

Works made before copyright laws are in the “Public Domain” Generally, works made before Works made before copyright laws are in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Careful! The poem Works made before copyright laws are now in the “Public Domain” Careful! The poem “Yankee Doodle” is in the public domain, but this sheet music is owned by the person who wrote it down.

Works made before copyright laws are now in the “Public Domain” Careful! Beethoven music Works made before copyright laws are now in the “Public Domain” Careful! Beethoven music is in the public domain, but…

Works made before copyright laws are now in the “Public Domain” Careful! This recording Works made before copyright laws are now in the “Public Domain” Careful! This recording of Beethoven music (both the audio and the video) is copyrighted by PBS.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them. Can you think of any examples of works that were created before 1923?

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them. Charles Dickens

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them. Jules Verne

Works made before copyright laws are now in the “Public Domain” Generally, works made Works made before copyright laws are now in the “Public Domain” Generally, works made before 1923 are not copyrighted. Anyone can use them. Jane Austen http: //www. moviegoods. com/movie_poster/pride_and_prejudice_2005. htm

Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. S. Government creations 3. “Fair Use”

Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. S. Government creations 3. “Fair Use”

Any creation made by the U. S. Government is NOT copyrighted It is free Any creation made by the U. S. Government is NOT copyrighted It is free to use by anyone (This picture is not copyrighted)

Any creation made by the U. S. Government is NOT copyrighted It is free Any creation made by the U. S. Government is NOT copyrighted It is free to use by anyone

Any creation made by the U. S. Government is NOT copyrighted Any creation made by the U. S. Government is NOT copyrighted

Any creation made by the U. S. Government is NOT copyrighted Anything on a. Any creation made by the U. S. Government is NOT copyrighted Anything on a. gov website is not copyrighted www. nps. gov

Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. S. Government creations 3. “Fair Use”

Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. Three important exceptions to copyright law… 1. Works in the “Public Domain” 2. U. S. Government creations 3. “Fair Use”

Fair Use You can use anyone’s creation, within reason, if you are using it Fair Use You can use anyone’s creation, within reason, if you are using it for things like this: • News reporting • Criticism • Research • Teaching • Parody

Fair Use There is a distinction between “fair use” and “unfair use”. It’s unfair Fair Use There is a distinction between “fair use” and “unfair use”. It’s unfair to deprive a creator of money they should receive.

Unfair use example Unfair use example

Unfair use Buy one… Unfair use Buy one…

Unfair use Buy one… http: //blog. priddybooks. com/news/p riddy-books-picks-up-five-practicalpre-school-awards/attachment/wcworkbook-lowercase-uk-cover make your own copies Unfair use Buy one… http: //blog. priddybooks. com/news/p riddy-books-picks-up-five-practicalpre-school-awards/attachment/wcworkbook-lowercase-uk-cover make your own copies

Unfair use your own copies make Buy one… Why is this unfair use? Unfair use your own copies make Buy one… Why is this unfair use?

Unfair use your own copies make Buy one… Why is this unfair use? It’s Unfair use your own copies make Buy one… Why is this unfair use? It’s unfair to deprive a creator of money they should receive.

Fair use Buy one… Fair use Buy one…

Fair use copy one page for learning Buy one… http: //frank-rogers. com/ri-detail. html http: Fair use copy one page for learning Buy one… http: //frank-rogers. com/ri-detail. html http: //raisinglaura. blogspot. com/2008_07_01_archive. html

Why is this fair use? copy one page for teaching Buy one… Why is this fair use? copy one page for teaching Buy one…

Fair Use You can use anyone’s creation, within reason, if you are using it Fair Use You can use anyone’s creation, within reason, if you are using it for things like this: • News reporting • Criticism • Research • Teaching • Parody

Unfair use Unfair use

Unfair use Buy one… http: //www. fanpop. com/spots/fearless-taylor-swift-album/images/16855631/title/fearless-fanmade-album-cover-fanart Unfair use Buy one… http: //www. fanpop. com/spots/fearless-taylor-swift-album/images/16855631/title/fearless-fanmade-album-cover-fanart

Unfair use Buy one… email your favorites to your friends . mp 3. mp Unfair use Buy one… email your favorites to your friends . mp 3. mp 3

Unfair use Why is this unfair use? Unfair use Why is this unfair use?

Unfair use Why is this unfair use? It’s unfair to deprive a creator of Unfair use Why is this unfair use? It’s unfair to deprive a creator of money they should receive.

People who violate copyright laws are called… People who violate copyright laws are called…

People who violate copyright laws are called… Pirates! http: //urssiva. com/2009/copyright-what-side-are-we-really/ http: //devcentral. f People who violate copyright laws are called… Pirates! http: //urssiva. com/2009/copyright-what-side-are-we-really/ http: //devcentral. f 5. com/weblogs/david/archive/2011/06/07/business-logicprotocol-fraud. aspx

Arghh! http: //articles. cnn. com/2009 -06 -18/justice/minnesota. music. download. fine_1_jury-instructions-fined-sheryl-crow? _s=PM: CRIME Arghh! http: //articles. cnn. com/2009 -06 -18/justice/minnesota. music. download. fine_1_jury-instructions-fined-sheryl-crow? _s=PM: CRIME

Fair Use You can use anyone’s creation, within reason, if you are using it Fair Use You can use anyone’s creation, within reason, if you are using it for things like this: • News reporting • Criticism • Research • Teaching • Parody

Fair Use You can use anyone’s creation, within reason, if you are using it Fair Use You can use anyone’s creation, within reason, if you are using it for things like this: • News reporting • Criticism • Research • Teaching • Parody

Parody: A humorous imitation of something serious. Parody: A humorous imitation of something serious.

Parody: A humorous imitation of something serious. “Scary Movie” is a parody of other Parody: A humorous imitation of something serious. “Scary Movie” is a parody of other horror movies. http: //www. dvdsreleasedates. com/poster/1982/Scary-Movie-movie-poster. html

Parody: A humorous imitation of something serious. Parody: A humorous imitation of something serious.

Parody: A humorous imitation of something serious. Many comedy television shows parody presidential debates… Parody: A humorous imitation of something serious. Many comedy television shows parody presidential debates…

Parody: http: //www. youtube. com/watch? v=r 1 WAoxuq. Qfs Parody: http: //www. youtube. com/watch? v=r 1 WAoxuq. Qfs

Parody? In August 1991, Demi Moore posed for the cover of Vanity Fair magazine… Parody? In August 1991, Demi Moore posed for the cover of Vanity Fair magazine…

http: //tandlesachin 21. onsugar. com/demi-moore-vanity-fair-photo-shoot-13327537 http: //tandlesachin 21. onsugar. com/demi-moore-vanity-fair-photo-shoot-13327537

Parody? In 1994, the movie poster for the movie Naked Gun 33 ⅓: The Parody? In 1994, the movie poster for the movie Naked Gun 33 ⅓: The Final Insult came out…

http: //www. benedict. com/Visual/Nakedgun. aspx http: //www. benedict. com/Visual/Nakedgun. aspx

Annie Leibovitz, the photographer who took Demi Moore’s picture, sued Paramount Pictures, Corp. Annie Leibovitz, the photographer who took Demi Moore’s picture, sued Paramount Pictures, Corp.

Leibovitz vs. Paramount Pictures, Corp. The Southern District Court of New York found that Leibovitz vs. Paramount Pictures, Corp. The Southern District Court of New York found that Paramount Pictures parody use of the image was fair use. The Second U. S. Circuit Court of Appeals agreed.

Parody? In 1976 Saul Steinberg, an artist, drew a picture for the cover of Parody? In 1976 Saul Steinberg, an artist, drew a picture for the cover of the New Yorker magazine titled, “A View of the World”…

http: //en. wikipedia. org/wiki/Saul_Steinberg http: //en. wikipedia. org/wiki/Saul_Steinberg

Parody In 1994, the movie poster for Moscow on the Hudson came out… Parody In 1994, the movie poster for Moscow on the Hudson came out…

http: //en. wikipedia. org/wiki/Moscow_on_the_Hudson http: //en. wikipedia. org/wiki/Moscow_on_the_Hudson

Saul Steinberg sued Colombia Pictures Industries, Inc. The Southern District Court of New York Saul Steinberg sued Colombia Pictures Industries, Inc. The Southern District Court of New York found that Columbia Pictures’ use of the image was not fair use. It was not a parody; it was just copying. Columbia Pictures had to pay Saul Steinberg.