Copyright Basics by TALA & Spacetaker

75 %
25 %
Information about Copyright Basics by TALA & Spacetaker

Published on July 23, 2009

Author: Spacetaker

Source: slideshare.net

Description

Presentation for Spacetaker Copyright Workshop (7/22/09) by Texas Accountants and Lawyers for the Arts (TALA) representative Erin Rodgers covering copyright, registration, and creative commons topics.

Copyright Basics Registration, Use, and Infringement Care of

What is a copyright? A bundle of six different rights Right to reproduce Right to make derivative works Right to distribute copies to the public Right to public display Right to public performance Right to perform via digital audio transmission

A bundle of six different rights

Right to reproduce

Right to make derivative works

Right to distribute copies to the public

Right to public display

Right to public performance

Right to perform via digital audio transmission

What can you copyright? “Original works of authorship” Original: some creativity was required Ideas may not be copyrighted Your version of an idea may be copyrighted Authorship: Any published or unpublished literary, artistic, dramatic, or musical work

“Original works of authorship”

Original: some creativity was required

Ideas may not be copyrighted

Your version of an idea may be copyrighted

Authorship: Any published or unpublished literary, artistic, dramatic, or musical work

Who owns a copyright? The artist/artists “ joint work” – both artists’ contributions must be individually copyrightable, and both must have intended it to be a joint work. The contract holder You can transfer one or all of your rights to someone via contract “ Work made for hire” Works made in an employment relationship – NOT necessarily commissions

The artist/artists

“ joint work” – both artists’ contributions must be individually copyrightable, and both must have intended it to be a joint work.

The contract holder

You can transfer one or all of your rights to someone via contract

“ Work made for hire”

Works made in an employment relationship – NOT necessarily commissions

When is a work copyrighted? As soon as it is “fixed in a tangible medium” You own the copyright as soon as you paint, sculpt, write, or record something subject to protection Just write “copyright 2009 (your name)” The “poor man’s copyright” is a myth

As soon as it is “fixed in a tangible medium”

You own the copyright as soon as you paint, sculpt, write, or record something subject to protection

Just write “copyright 2009 (your name)”

The “poor man’s copyright” is a myth

Then why should I register? You cannot make an infringement claim without registration If someone uses your work and you have registered it, you are entitled to statutory damages. Someone wishing to use your work will be able to find you This could mean more money for you It’s the easiest form of intellectual property to protect Compared to patents and trademarks, copyrights are cheap, easy to obtain, and last much longer

You cannot make an infringement claim without registration

If someone uses your work and you have registered it, you are entitled to statutory damages.

Someone wishing to use your work will be able to find you

This could mean more money for you

It’s the easiest form of intellectual property to protect

Compared to patents and trademarks, copyrights are cheap, easy to obtain, and last much longer

How do I register? All copyright may now be done online at www.copyright.gov Filing costs $35 per application, if filed online If you have any doubts, call TALA or an entertainment attorney

All copyright may now be done online at www.copyright.gov

Filing costs $35 per application, if filed online

If you have any doubts, call TALA or an entertainment attorney

How long does a copyright last? A copyright now lasts for the life of the author plus 70 years Intellectual property rights may be passed down to heirs in a will A work-made-for-hire lasts 95 years This is pursuant to the 1976 copyright act: earlier works have different protection periods

A copyright now lasts for the life of the author plus 70 years

Intellectual property rights may be passed down to heirs in a will

A work-made-for-hire lasts 95 years

This is pursuant to the 1976 copyright act: earlier works have different protection periods

Using someone else’s work Can be used for free if: The work is in the public domain It falls under the fair use exception Otherwise, you need permission This can be accomplished through a license The cost of the license will vary based on your use and your relationship with the copyright owner

Can be used for free if:

The work is in the public domain

It falls under the fair use exception

Otherwise, you need permission

This can be accomplished through a license

The cost of the license will vary based on your use and your relationship with the copyright owner

Derivative Works Definition: “a derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, motion picture version…art reproduction…or any other form in which a work may be recast, transformed, or adapted.”

Definition: “a derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, motion picture version…art reproduction…or any other form in which a work may be recast, transformed, or adapted.”

Derivative Works Your copyright in a derivative work extends only to the material you added Your addition must be different enough from the original, or contain a substantial enough amount of new material, to be considered a new work Your derivative work does not effect the copyright for the underlying work in any way Lee case: a store owner cut up greeting card art and mounted it on coasters; not considered derivative work because there was no original contribution

Your copyright in a derivative work extends only to the material you added

Your addition must be different enough from the original, or contain a substantial enough amount of new material, to be considered a new work

Your derivative work does not effect the copyright for the underlying work in any way

Lee case: a store owner cut up greeting card art and mounted it on coasters; not considered derivative work because there was no original contribution

Fair Use Four factors used Purpose and character of the use (commerical v. educational/non-profit) The nature of the copyrighted work The amount of the copyrighted work used The effect of the use on the market for the original work

Four factors used

Purpose and character of the use (commerical v. educational/non-profit)

The nature of the copyrighted work

The amount of the copyrighted work used

The effect of the use on the market for the original work

Fair Use Some examples of uses considered Fair Use include: Quotes/excerpts of works in a review or criticism Parody Reproduction of a part of a work by a teacher or student for use in a lesson Judicial proceedings or reports Incidental reproduction; i.e. artwork in the background on a news report

Some examples of uses considered Fair Use include:

Quotes/excerpts of works in a review or criticism

Parody

Reproduction of a part of a work by a teacher or student for use in a lesson

Judicial proceedings or reports

Incidental reproduction; i.e. artwork in the background on a news report

Licensing Make a serious, good faith effort to locate the owner Try the copyright office website Draft a licensing agreement explaining how you will use their work Each individual right in the bundle of rights may be granted individually (i.e. just the right to make derivatives)

Make a serious, good faith effort to locate the owner

Try the copyright office website

Draft a licensing agreement explaining how you will use their work

Each individual right in the bundle of rights may be granted individually (i.e. just the right to make derivatives)

What if someone is using my work? Infringement You must have registered your work to bring an infringement claim You must show two things: Access Substantial similarity If you can prove your case, you can sue for damages Per use: prove the amount of use and be compensated what you should have received Or, opt for statutory damages, which don’t require proof of actual damage to you

Infringement

You must have registered your work to bring an infringement claim

You must show two things:

Access

Substantial similarity

If you can prove your case, you can sue for damages

Per use: prove the amount of use and be compensated what you should have received

Or, opt for statutory damages, which don’t require proof of actual damage to you

Recovering for Infringement First, draft a cease-and-desist letter Especially if the use is online. You must write a take-down notice to the owner of the site displaying your work Send the letter via certified mail and keep copies of everything If there is no response or no settlement, file a lawsuit in federal court Most lawsuits settle

First, draft a cease-and-desist letter

Especially if the use is online. You must write a take-down notice to the owner of the site displaying your work

Send the letter via certified mail and keep copies of everything

If there is no response or no settlement, file a lawsuit in federal court

Most lawsuits settle

Other Intellectual Property Protection Trademark – a word, name, or logo used in commerce Patent – for inventions or processes Trade dress – the general look and feel of a business or product

Trademark – a word, name, or logo used in commerce

Patent – for inventions or processes

Trade dress – the general look and feel of a business or product

Trademark Registration is slightly more expensive than copyright Protects the use of your business name or logo in commerce A band name may be trademarked

Registration is slightly more expensive than copyright

Protects the use of your business name or logo in commerce

A band name may be trademarked

Patent The most expensive form of protection Lasts approximately 17 years Intended to protect inventions and methods

The most expensive form of protection

Lasts approximately 17 years

Intended to protect inventions and methods

Creative Commons Not an alternative to copyright You still need to register; CC licenses alone will not protect your work Narrows the scope of your copyright You can choose “some rights reserved” (license) or “no rights reserved” (direct to public domain) For use on any creative work For software, use open source licenses instead

Not an alternative to copyright

You still need to register; CC licenses alone will not protect your work

Narrows the scope of your copyright

You can choose “some rights reserved” (license) or “no rights reserved” (direct to public domain)

For use on any creative work

For software, use open source licenses instead

Four CC License Factors Attribution Credit to the author Commercial Can choose to limit to non-commercial uses Share alike Requires future users to issue the same license No derivatives Stops others from altering your work

Attribution

Credit to the author

Commercial

Can choose to limit to non-commercial uses

Share alike

Requires future users to issue the same license

No derivatives

Stops others from altering your work

Six Possible Combinations Attribution Attribution share-alike Attribution no derivatives Attribution non-commercial Attribution non-commercial share-alike Attribution non-commercial no derivatives “ free advertising” – most restrictive

Attribution

Attribution share-alike

Attribution no derivatives

Attribution non-commercial

Attribution non-commercial share-alike

Attribution non-commercial no derivatives

“ free advertising” – most restrictive

Using CC Works Use CC-friendly search engine Licenses are legally viable Licenses are irrevocable As a licensor, you can choose to stop using the license, but you can’t limit uses which began under the previous license

Use CC-friendly search engine

Licenses are legally viable

Licenses are irrevocable

As a licensor, you can choose to stop using the license, but you can’t limit uses which began under the previous license

Add a comment

Related pages

ARC Workshop: Copyright Basics | FreshArts.org

Spacetaker wishes to thank Ms. Rodgers and TALA for their contributions to ARC Workshop programming.
Read more

Copyright Basics: Registration, Use, and Infringement ...

Physical Address Fresh Arts | ARC (inside Winter Street Studios) 2101 Winter Street, Studio B11 Houston, TX 77007
Read more

October 2011 Newsletter - Texas Accountants and Lawyers ...

October 2011 Newsletter ... Copyright Seminar Presented by Rice ... Legal and Accounting Open House at Spacetaker 10/29/11. TALA's Volunteers of the ...
Read more

FotoFest Workshop

... they will review the basics of copyright registration and discuss why all photographers ... TALA volunteers throughout the state ... Spacetaker . s ...
Read more

Onthulling efficiëntste boekhoudplatform voor accountants ...

Copyright Workshop with TX Accountants & Lawyers for the Arts. ... Spacetaker hosts TALA ... Basics and Introduction to Social Media & ...
Read more

Tala | LinkedIn

View 5803 Tala posts, presentations, experts, and more. Get the professional knowledge you need on LinkedIn. LinkedIn Home What is LinkedIn? Join Today
Read more

February 2011 Newsletter - talarts.org

Legal and Accounting Open House hosted by Spacetaker 2/12 ... leads an informative session covering copyrighting basics for ... TALA truly makes a ...
Read more

Bal des Conscrits de Besse - EventsDiscovery.com

On vous propose de venir vous détendre avec nous le temps d'une soirée, que se soit pour faire une pause pendant vos révisions, de souffler après les ...
Read more