Intro to Copyright
Published on Dec 29, 2015
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PRESENTATION OUTLINE
Copyrights
Meet Anne
The Congress shall have Power ... 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.
United States Constitution, Article I, Section 8
Exclusive Rights
- To reproduce
- To prepare derivative works
- To distribute by sale or transfer
- To perform
- To display
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Copyright protection Exists
- In original works of authorship
- Fixed in any tangible medium of expression
- From which they can be perceived, reproduced, or otherwise communicated
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Meet A Macaque
A work has to have a requisite level of creativity in order to qualify for copyright protection
But how much?
But not ideas.
In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
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Not works By the U.S. Federal Government (some states)
Microdecisions, Inc. v. Skinner, 889 S.2d 871 (Fla. 2d Dist. App. 2004), was a case before the Florida Second District Court of Appeal concerning whether the Collier County, Florida Property Appraiser could require prospective commercial users of the records created in his office to first enter into a licensing agreement. The court concluded that he may not.[1] In the decision, the court held that "Skinner has no authority to assert copyright protection in the GIS maps, which are public records."[2] In support of this, the court held that the "Florida public records law ... overrides a governmental agency's ability to claim a copyright in its work unless the legislature has expressly authorized a public records exemption."[3] This was a Florida District Court of Appeal decision, but the Florida Supreme Court declined to hear the case and ordered the State (Skinner) to pay Microdecisions' attorney's fees for challenging the firm's use of the state's work.[4] United States Supreme Court also declined to hear the case.[5]
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Not Titles and Names
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What if I Teach
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Statutory Damages
- Not less than $750 or more than $30,000
- Willful? $150,000
- Not aware and had no reason to believe that acts constituted an infringement ? $200
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Classroom Use
- Performance or display of a work by instructors or pupils
- In the course of face-to-face teaching activities of a nonprofit educational institution
- In a classroom or similar place devoted to instruction
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Classroom Use
- Unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made
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Fair Use
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
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Fair Use
- The effect of the use upon the potential market for or value of the copyrighted work.
- The effect of the use upon the potential market for or value of the copyrighted work.
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Questions?
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TEACH Act
- Except a work primarily for performance or display as part of mediated instructional activities transmitted via digital networks
- Except a performance or display that is given by means of a copy not lawfully made and acquired
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TEACH Act
- The performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session is permitted IF
According to the University of Texas,
I would define a dramatic work as any work in which the story is portrayed by actors. Plays, movies, television dramas and sit-coms, opera. Someone reading "The Tell-Tale Heart" would be a non-dramatic work. However, I've seen an actor pretending to be Poe read "The Tell-Tale Heart." I would consider that dramatic. And certainly, an actor pretending to be the narrator in "The Tell-Tale Heart" and reciting rather than reading the lines would be dramatic.
I would define a dramatic work as any work in which the story is portrayed by actors. Plays, movies, television dramas and sit-coms, opera. Someone reading "The Tell-Tale Heart" would be a non-dramatic work. However, I've seen an actor pretending to be Poe read "The Tell-Tale Heart." I would consider that dramatic. And certainly, an actor pretending to be the narrator in "The Tell-Tale Heart" and reciting rather than reading the lines would be dramatic.
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TEACH Act
- The performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit educational institution.
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TEACH Act
- The performance or display is directly related and of material assistance to the teaching content of the transmission.
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TEACH Act
- The transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to officially enrolled Students
- Does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination
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TEACH Act
- The Institution has policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that promote compliance with copyright laws and provides notice to students that materials used in connection with the course may be subject to copyright protection.
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TEACH Act
- In the case of digital transmissions—
- applies technological measures that reasonably prevent retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and unauthorized further dissemination of the work in accessible form by such recipients to others; and
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