Intellectual Property INFO CSE 100 Autumn 2005 Fluency in

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Readings and References • Reading » Fluency with Information Technology • Chapter 12, Computers in Polite Society • Other References » The Electronic Freedom Foundation • http: //www. eff. org/IP/ » Creative Commons • http: //www. creativecommons. org 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 2

Overview • Millions of images, songs, stories, etc. available on the Web • Often we want to copy, share, reuse and remix this information • What are our rights and responsibilities regarding the use of this information? 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 3

Intellectual Property • We use the term intellectual property to refer to the ownership of a creative work » Photographs, films, songs, computer programs • Different than owning a copy of that media » If you buy a copy of The Simpsons on DVD, you don’t own those episodes » Can’t sell copies or write our own episodes 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 4

Types of Intellectual Property • Copyright » Protects creative works » Most of the issues we’ll encounter are related to copyright • Trademark » Protects names and logos of companies and products • Patents » Protects novel inventions 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 5

How Copyright Works • Author creates an original work • Work is automatically copyrighted • Author retains certain rights for his or her lifetime, plus 75 years » » 26 -Oct-2005 Right to produce derivative works Right to distribute the work Right to display the work publicly Right to share these rights with others cse 100 -10 -ip © 2005 University of Washington 6

What Can Be Copyrighted? • • • Literary works Music and audio recordings Motion pictures Images Software • Facts cannot be copyrighted » But a web page containing facts can be 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 7

Copyright Infringement • Violating copyright without explicit permission is against the law • Consequences to copyright infringement » You can be sued » Your work may be destroyed » Your work will seem unprofessional 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 8

Exceptions to Copyright • Use of copyrighted materials is allowed under certain circumstances • Fair use guidelines describe conditions for acceptable use » » 26 -Oct-2005 Purpose of use (non-commercial? educational? ) Nature of work (factual or creative) Amount of work used Effect on the market of the original cse 100 -10 -ip © 2005 University of Washington 9

Fair Use • Common examples of fair use » Parody and satire » Short quotations » Reviews of the original work • There are no established guidelines for fair use • Fair use decided in court on a case-by-case basis • If you are taken to court, you’ve already lost 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 10

Common Misconceptions • “I’m not making a profit, so it’s OK” • “The image was on a website, so it’s OK” • “The item did not say it was copyrighted” • “I bought the CD, so I can use it in my work” 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 11

Common Misconceptions • “I’m not making a profit, so it’s OK” » Noncommercial use is still forbidden • “The image was on a website, so it’s OK” » Copyright may restrict your right to redistribute or use the image in another work • “The item did not say it was copyrighted” » Since 1989, all work is copyrighted by default • “I bought the CD, so I can use it in my work” » Buying a CD does not give you ownership rights 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 12

The Public Domain • Work that is not subject to copyright is said to be in the public domain • All works eventually pass into public domain » Currently, 75 years after the creator’s death » Creator may release work into the public domain • Work in the public domain belongs to everyone and can be used freely » Shakespeare’s plays, folk tales 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 13

Changes in Copyright Law • The length of copyright terms has been extended several times • Originally, US copyrights lasted 14 years » Designed to encourage creative works • Corporations have lobbied Congress to extend the term of copyright multiple times » “Steamboat Willie” produced in 1928 » Copyright extended 11 times since 1962 » Each time, Steamboat Willie was about to enter the public domain (currently copyrighted until 2023) 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 14

Alternatives to Copyright • Content creators may release their work into the public domain • May also specify a less-restrictive license • The Creative Commons provides a set of licenses that allow you to specify terms of use » “You may use this work, but not commercially” » “You may use this work, but you must cite me” » Also provides a list of CC-licensed materials 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 16

Acting Responsibly • Never assume that an item is not copyrighted » When in doubt, ask the creator • Understand the terms of the license » “Royalty-free” is not the same as “public domain” • Always cite your sources » “goose photo by Douglas Johnson” • Consider giving back to the community 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 17

Protecting Your Own Work • Any original work you create is your intellectual property • It’s your responsibility to protect your work » State the terms of use clearly when you publish » Record the date of new creations 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 18

Good Sources for Free Stuff • The Creative Commons » http: //www. creativecommons. org • Local artists and musicians • Friends and family 26 -Oct-2005 cse 100 -10 -ip © 2005 University of Washington 20