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Understanding U.S. Copyright

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Page 1: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Understanding U.S. Copyright

Page 2: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Copyright © 2011 Century 21 Real Estate LLC. All rights reserved.

22

What is Copyright?

Page 3: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Copyright © 2011 Century 21 Real Estate LLC. All rights reserved.

33

What kinds of works bear a copyright?

• Written materials – books, articles, pamphlets, training materials, advertising and marketing pieces

• Music – songs, jingles, scores, our CENTURY 21 jingle

• Photographs, digital images, sketches, architectural drawings

• Movies – movie clips, YouTube videos

Page 4: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Copyright © 2011 Century 21 Real Estate LLC. All rights reserved.

44

Who owns Copyright?

• Generally speaking, if you create something, you own copyright (automatically, with/without label or if you file with the U.S. Copyright Office)– Exceptions? Absolutely.

• As employees of Century 21 Real Estate LLC and Realogy, you do not hold copyright of slides, materials, etc. created—the corporation does (see the bottom of this slide)

• Contractors “for hire” do not own the copyright, Century 21 Real Estate LLC does as we contracted with them to deliver a product.

Page 5: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Copyright © 2011 Century 21 Real Estate LLC. All rights reserved.

55

What does “in the Public Domain” Mean?

• It is work that belongs to the public as a whole. – Examples:

• Government documents and works• Works with an expired copyright or no existing protection• Works from the time of the author’s death PLUS 75 years

(such as Mozart, Melville, Hawthorne, Bach)*

• Most of RE content is not in the public domain with the exception of any government facts, figures, reports produced. NAR and its subsidiaries are not public domain.

*HRCI & SHRM, 2010

Page 6: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Copyright © 2011 Century 21 Real Estate LLC. All rights reserved.

66

Paraphrasing vs. Requiring Copyright Permission

• Paraphrasing– Annotating or quoting (“”)

what you read or saw in a periodical, web page, etc.

– Must give attribution to where you found it, who wrote it and date.

– Simply stated, use an asterisk (*) and write the annotation off to the side or put the author, year and/or page in parentheses (Murphy, 2010, p. 3) in or after the sentence/paragraph.

• Copyright Permission– Done when you want to

replicate an item or passage

• Replication = reproduce (copies, cut/paste, insertions)

• Must accompany a permission to use from the copyright holder

• Usually accompanied with a cost to use

• Tina can take care of this if you ever need it

Page 7: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Copyright © 2011 Century 21 Real Estate LLC. All rights reserved.

77

When in Doubt…

• Don’t use it. – Be careful of using Google Images and other items

you find on the web (e.g., just because it’s on YouTube does not mean it’s copyright neutral).

– Most photos/graphics have digital tracking behind them!

• Ask Carolyn or Tina– We need to ensure that all the material is “fit to use”

and meets the thresholds of our franchise agreements and ethics policy/regulations

– If the material is substantive enough that it will lend itself to the learning experience, we can file for use permission PRIOR to the session.

Page 8: Understanding U.S. Copyright. Copyright © 2011 Century 21 Real Estate LLC. All rights reserved. 22 What is Copyright? A property right attached to an

Copyright © 2011 Century 21 Real Estate LLC. All rights reserved.

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Important Considerations

• The law of copyrights is not substantively changing with respect to commercial use

• While we see people co-opting others’ work on Facebook® or YouTube®, we are not permitted to do so

• We are a commercial business venture so we must pay or receive permission to use copyrighted works in our business

• The sharing or reprinting of information that is common now through social media may put C21 at risk for copyright litigation