Today’s lecture will cover the following areas of your final project: #10 Copyright Registration

COPYRIGHTCOPYRIGHT

Exists the moment a work becomes tangible

Even virtual information is considered tangible

What is Copyright?

Artwork in any medium It must be unique (original) and

tangible (fixed) Laws determined by each country

What can you copyright?

Copyrightable Works Literary Musical Dramatic Pantomime and Choreographic Motion Picture and Audio-Visual Sound recording Pictorial, Graphic, Sculptural Special: mask, architectural, vehicle hull

What Cannot be Copyrighted

ProcedureProcessSystemMethodConceptTitle

WordPhraseSloganMottoIdeaPrinciple

What Cannot Be Copyrighted

Patent Procedure Process System Method Concept

Trademark Title Word Phrase Slogan Motto

Idea Principle

Is it tangible? (Fixation)

Fixed Paper Film Tape/CD/DVD Notational

Schemes RAM

Not Fixed Spoken Radio

World Intellectual Property Organization (WIPOWIPO)

A committee of the United Nations (U.N.)

They oversee intellectual property cases around the world

They don’t create laws, but just help settle IP disputes

They are influential in Internet disputes

Go to wipo.org

Digital Millennium Copyright Act

Signed by President Clinton in 1998

Addressed Internet copyright issues

Brought the U.S. into compliance with WIPO treaties

Digital Millennium Copyright Act

Limited “safe harbor” for ISP’s (“notice & take down” rule)

Illegal to remove or alter copyright information (author, owner, performers, terms of use)

Illegal to circumvent copyright protection (descramble, decrypt, etc.)

Sonny Bono Copyright Extension Act

Extended copyright terms an additional 20 years

Individual CopyrightIndividual Copyright

lasts for the life of the artist plus 70 years

if the law changes, the artist can reapply for the extension

virtually every piece of art since 1922 is under copyright

Company CopyrightCompany Copyright

It lasts either…

95 years after it hits the market

OR

120 years after creation

…whichever comes first

Company CopyrightDisney has been instrumental

in the extension of this

Companies will also use trademarks to keep IP after the copyright runs out

Sound Recordings

Sound Recordings were not copyrightable until 1978

So now all sound recordings are under copyright

(Even recordings made prior to 1978)

Consists of 3 elements:

1. The symbol © or the word “copyright” or “copyr.”

2. The year of first publication

3. The name of the owner

Copyright Notice

© 2002 Homer Simpson

Why should you register?

Required to bring legal action Statutory damages Attorney’s fees reimbursed Public record Protect against importation of

infringing copies by recording registration with U.S. Customs Service

and….

Why should you register your work? (continued)

Collect any profits made by infringer $20,000 - $100,000 fine Possible jail time for infringer

To register a copyrightTo register a copyright

The cost is $30

Go to www.loc.gov to download forms

Examples of forms are also in your course manual

Copyright FormsTX Text Books Computer ProgramsVA Visual Arts Photographs Artwork Sculpture

PA Performing Arts Music Drama Motion Picture Audio-visual

SR Sound recordings

What do you get for a copyright?What do you get for a copyright?

You have 5 basic rights

You are the only one with the right to…R-P-3D

take from

ex., statues in a gallery

hand out

live/broadcast/streaming

Distribute

Display

Derive

Perform

Reproduce make copies

Which of the 5 rights does a Which of the 5 rights does a ConsumerConsumer have? have?

reproduce only for personal use

perform privately for free

derive no

distribute no

display privately for free

You can also sell something you purchase (CD, DVD, video, game)

Copyrights and ContractsCopyrights and Contracts

All contracts negotiate the giving up of one or more of the 5 basic rights in

return for something else

Exercise of Rights

May only be enforced by owner Each right may be transferred

individually (“licensing”) in exchange for royalties or other compensation

All rights may be transferred (“assignment”)

Licensing v. Assignment Licensing v. Assignment of Copyrightof Copyright

Licensing - you give specific (limited) rights and retain ownership of the copyright

Assignment - you are giving away all rights and ownership forever!

Definitions and IssuesDefinitions and Issues

AuthorAuthor

person who created the work …

…or the one who makes the work tangible…

…or the employer

Work Made for HireWork Made for Hire

work made while working for an employer - that work is owned by the employer and can

be copyrighted by the employer

Independent ContractorIndependent Contractor

shows up for work at appointed time and finishes work for the employer

Independent Contractor v. Work Independent Contractor v. Work for Hirefor Hire

the longer you’re employed by a company, the more likely you’d be considered

work-for-hire (even if there’s no work for hire contract)

make sure your contract with an employer clearly states the terms of your employment

Joint Ownership of CopyrightJoint Ownership of Copyright

Control over the work will be equally sharedProfit from the work will also be equally shared, unless the agreement states otherwise

Copyright Infringement?

“My Sweet Lord” “He’s So Fine”

by the Chiffons

www.benedict.com

12 Monkeys v. Neomechanical Tower

Batman Forever?

Bourdin v. Madonna

Bourdin French fashion photographer from the 1970s

Madonna accused of copying his work in her “Hollywood” video

Lecture Review Questions

What does copyright protect?

What 2 qualities must a work have to qualify for copyright protection?

When does copyright protection begin?

Lecture Review Questions

For how long does a company copyright last?

What is the term limit for an individual copyright?

What is the public domain?

Lecture Review Questions

Explain the benefits of registering a copyright.

Describe the rights of a copyright owner.

Does a consumer have any of these rights?

Lecture Review Questions

Explain the difference between licensing and assignment of a copyright.

Who can be the author of a work?

Explain the difference between a work for hire and an independent contractor. How do you protect your rights as an independent contractor?

Lecture Review Questions

What did the DMCA do?

Does a transfer of copyright have to be in writing?

Today’s lecture covered the following area of your Final Project: #10 Copyright Registration