They’re All Dead! And they’ll earn millions this year!

The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

BooksMusicFilmsArtworkPoemsNewspaper and magazine articles

Any original creative work.

What is not protected? Slogans, brand symbols, ideas, processes▪ McDonald’s franchise processes are not

copyrighted, but perhaps the written training materials are

▪ The Nike swoosh is not copyrighted, but it is trademarked for protection

You do not have to apply or register for a copyright▪ Once you create the original work, you simply

need to identify it as original with 3 easy steps:

For all written work:

Place the © next to the name of the work

Identify the year

Place your name next

Example: © 2008 John Doe

Place the ℗ next to the name of the work – this indicates that it was published

Identify the year

Place your name next

Example: ℗ 2008 ABC Records

A copyright doesn’t last forever

If written after January 1, 1978: Copyright lasts for the author’s life plus

70 years

Those works published before 1978 had a 25 year term, with renewable terms up to 95 years

You can file for a copyright with the U.S. Copyright Office

Those who apply typically have shared credit on a work. The copyright application serves to establish legal footing in the event of disagreement

Your task: List 3 different things you have seen, read or viewed in the last week that are protected by copyright

Did Sam Smith infringe on Tom Petty’s copyright?

https://www.youtube.com/watch?v=Nr4KbSU_UZw

http://time.com/3698399/left-shark-kay-perry-lawyers-model-sculpture/

https://www.youtube.com/watch?v=MAtCSio876c

Did Vanilla Ice violate Queen’s copyright?

https://www.youtube.com/watch?v=kk6NhjD3Dbg

Here’s what he has to say:

https://www.youtube.com/watch?v=bid0AbLTcco

Roy Orbison’s Pretty Woman:https://www.youtube.com/watch?

v=mHPgco6GQk8

2 Live Crew’s version:https://www.youtube.com/watch?

v=DpqquENCG40

After nearly 250,000 copies of the recording had been sold, Acuff-Rose sued 2 Live Crew and its record company, Luke Skyywalker Records, for copyright infringement

The District Court granted summary judgment for 2 Live Crew, holding that their song was a parody that made fair use of the original song under § 107 of the Copyright Act of 1976 (17 U.S.C. § 107).

After losing the appeal, The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107.

Why are parody songs allowed to NOT pay royalties to the original artists?

Weird Al: https://www.youtube.com/watch?v=w-0TEJMJOhk

Should rap artists and other performers be allowed to sample music from other songs, without paying any royalties?

Is sampling considered copyright infringement?

https://www.youtube.com/watch?v=tIoR3PYpduo