Copyright BasicsCopyright Basics

What is Copyright?What is Copyright?

Copyright allows Copyright allows authors, musicians, authors, musicians, artists, etc. to make artists, etc. to make money off of their money off of their labor.labor.

It prevents others It prevents others

from taking their work from taking their work for free. for free.

It also prevents people It also prevents people from altering the work from altering the work without permission.without permission.

It’s the Law !!It’s the Law !! According to the United States Code, According to the United States Code,

copyright protects “original works of copyright protects “original works of authorship fixed in a tangible medium of authorship fixed in a tangible medium of expression” for a limited expression” for a limited

period of time.period of time.

That means copyright law applies to all media:That means copyright law applies to all media: Traditional – books, tapes, CDs, magazinesTraditional – books, tapes, CDs, magazines Digital – music, web pages, software, journalsDigital – music, web pages, software, journals

What If There Were No Copyrights?What If There Were No Copyrights? There would be no incentive (money) There would be no incentive (money)

for anyone to be creative. for anyone to be creative.

If authors can’t make a living writing, most will If authors can’t make a living writing, most will not write new books or articles.not write new books or articles.

If a record company can’t profit from a band, If a record company can’t profit from a band, they will sign fewer bands and produce less they will sign fewer bands and produce less music.music.

If software companies can’t protect games and If software companies can’t protect games and programs, they won’t create new ones.programs, they won’t create new ones.

What Can Be Protected?What Can Be Protected?

Literary WorksLiterary Works Musical WorksMusical Works Dramatic WorksDramatic Works Choreographic WorkChoreographic Work Pictorial, Graphic, and Sculptural Pictorial, Graphic, and Sculptural

WorksWorks Motion Pictures and AVMotion Pictures and AV Sound RecordingsSound Recordings Architectural WorksArchitectural Works

What Does Copyright Give What Does Copyright Give Rights Holders?Rights Holders?

Right to reproduce the work.Right to reproduce the work. Right to modify works.Right to modify works. Right to distribute copies for sale.Right to distribute copies for sale. Right to perform AV works Right to perform AV works

publicly.publicly. Right to display works publicly.Right to display works publicly. Right to digitally perform work.Right to digitally perform work.

What is NOT ProtectedWhat is NOT Protected

Facts, ideas, titles, names or underlying Facts, ideas, titles, names or underlying themes cannot be copyrighted.themes cannot be copyrighted.

Copyright cannot be held in perpetuity.Copyright cannot be held in perpetuity.That means that the government has set That means that the government has set

time limits on copyrights.time limits on copyrights.

How Long Does Copyright Last?How Long Does Copyright Last?

A copyright last for A copyright last for life plus 70 years for life plus 70 years for individuals and 95 individuals and 95 years for corporate years for corporate authors for anything authors for anything published published on or after 1978.on or after 1978.

Works published Works published between 1923 and between 1923 and

1978 are protected 1978 are protected for 95 years. for 95 years.

Copyright is AutomaticCopyright is Automatic

You might not always see the copyright notice (©, You might not always see the copyright notice (©, 2003). 2003).

However, the work might still be copyrighted.However, the work might still be copyrighted.

The copyright is in force once the work is “fixed” The copyright is in force once the work is “fixed” (saved to disk or written on paper). (saved to disk or written on paper).

Public DomainPublic Domain

A work enters the A work enters the public domain when public domain when its copyright has its copyright has expired.expired.

Anything in the public Anything in the public domain is useable by domain is useable by anyone in any way anyone in any way that they want. that they want.

No one owns it.No one owns it.

What is in the Public Domain?What is in the Public Domain?

Works that were never copyrightedWorks that were never copyrighted Everything published before 1923Everything published before 1923 Materials produced by the federal Materials produced by the federal

governmentgovernment

•Authors can Authors can choose to put choose to put work in the work in the

public domain by public domain by including a notice including a notice that the item is in that the item is in

the public the public domain.domain.

What is Fair Use?What is Fair Use? Copyright law allows for Copyright law allows for

limited distribution of limited distribution of published works without published works without the author’s permission.the author’s permission.

Fair Use includes the Fair Use includes the use of material for use of material for criticism, comment, criticism, comment, news reporting, news reporting, teaching, scholarship, teaching, scholarship, and research.and research.

Some limitations apply. Some limitations apply.

What Determines Fair Use?What Determines Fair Use?

There are four factors:There are four factors:

The purpose and nature of useThe purpose and nature of use The nature of the copyrighted workThe nature of the copyrighted work The nature and substantiality of the The nature and substantiality of the

materialmaterial The effect of use on the potential The effect of use on the potential

market value of the workmarket value of the work

The Impact of TechnologyThe Impact of Technology The widespread piracy of The widespread piracy of

music and movies has music and movies has resulted in a crackdown by resulted in a crackdown by the respective industries. the respective industries.

The whole downloading The whole downloading and digital copying issue and digital copying issue

has convinced many has convinced many publishers to distribute publishers to distribute

content in copy protected content in copy protected or non-computerized or non-computerized

forms.forms.

Why Should I Care??Why Should I Care??

When you create something, aren’t you proud of your When you create something, aren’t you proud of your work?work?

Wouldn’t you be upset if someone just copied your work Wouldn’t you be upset if someone just copied your work

or used it without your permission?or used it without your permission?

What if someone made a ton of money off of your work? What if someone made a ton of money off of your work? How would you feel? How would you feel?

Don’t you want to be respected for your creativity and Don’t you want to be respected for your creativity and effort?effort?

CRIMINAL PENALTIES AND FINES COULD RESULT FROM CRIMINAL PENALTIES AND FINES COULD RESULT FROM INFRINGING ON SOMEONE ELSE’S COPYRIGHT !!INFRINGING ON SOMEONE ELSE’S COPYRIGHT !!

Works CitedWorks Cited

““Copyright.” Williams College Libraries. Williamstown, MA. Copyright.” Williams College Libraries. Williamstown, MA.

18 May 2006. 18 May 2006. http://www.williams.edu/library/copyright.phphttp://www.williams.edu/library/copyright.php

““What is Copyright?” Copyright Kids. 2001. The Copyright What is Copyright?” Copyright Kids. 2001. The Copyright Society Society

of the U.S.A. 25 October 2006. of the U.S.A. 25 October 2006. http://www.copyrightkids.orghttp://www.copyrightkids.org