welcome to the ieee ipr office copyright tutorial click to begin
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Welcome to the Welcome to the IEEE IPR Office IEEE IPR Office
Copyright TutorialCopyright Tutorial
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This Copyright Tutorial has been designed This Copyright Tutorial has been designed to provide you with an overview of copyright laws, to provide you with an overview of copyright laws,
and will hopefully provide some insight and will hopefully provide some insight to an important topicto an important topic
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Part One: Basic Concepts and
the History of Copyright
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What Is Copyright?
Copyright is one of a group of intellectual property rights (or laws) that are intended to protect the interests of an author or copyright owner. In other words, these laws give an author/owner nearly exclusive control over the use of his/her work.
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What Is Copyright?
Copyright comes into existence the moment a work (an article, a book, a computer program, an email, a symphony, a sculpture, etc.) is first fixed in any tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
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The following works are copyrightable:
Literary works
Musical works
Motion pictures
Architectural work
Sound recordings
Pantomime and dance performances
Visual artwork
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The following works are copyrightable: NOT
Ideas
Procedures
Processes
Systems
Methods of operations
Concepts
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Early Copyright History
Invention of the printing press by Johannes Gutenberg.
Mass production of printed text allowed for cheap and easy
duplication of works
For years, copyright was tied closely with the advancement of
the printed word
1447
1518
1662
1710
1794
Licensing ActRequired all books to be licensed
with the Publishing Guild
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Statute of AnneFirst copyright law
that covered works owned by individuals (vs. the Guild)
and lasted 21 years
First copyright granted to the King’s Printer,
Richard Pynson, for two years
Prussian parliament enacts the first“international”
copyright legislationto protect German authors
Part Two:Copyright Treaties, Laws and Fair Use
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The is an international copyright treaty that was first adopted in Berne, Switzerland in 1886. It establishes a minimum level of copyright protection.
A work originating in one of the countries that is a signatory member of the treaty must be given at least the same level of protection in each member country as that country gives to works created by its own citizens.
From “US Dept of State” web site at http://usinfo.state.gov
The (UCC) was created in 1952 through UNESCO; the UCC remains significant in the countries that are UCC but not Berne Union members.
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Berne Convention
Universal Copyright Convention
International Treaties
The represented a significant revision to US copyright law. Most notably, the Act:
Extended the term of copyright protection for the life of the author, plus 50 years
Established the need for a signed transfer of copyright from an author to another person or organization
Determined that copyright protection began once the work was “fixed in any tangible medium”, as opposed to earlier copyright laws that required the work to be published.
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1976 Copyright Act
U.S. Copyright Laws
The , signed into law on October 27, 1998, amended the provisions concerning duration of copyright protection by generally extending for an additional 20 years for authored works.
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From “US Copyright Office” web site at http://www.copyright.gov/fls/sl15.html
Sonny Bono Copyright Term Extension Act
U.S. Copyright Laws
From “US Copyright Office” web site at http://www.copyright.gov/fedreg/2000/65fr35673.html
The was enacted on October 28, 1998 to revise U.S. law to comply with the 1996 World Intellectual Property Organization (WIPO) Treaties that were intended to strengthen protection for copyrighted works in electronic formats.
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Establishes prohibitions on circumventing technological measures that control access to a work protected under the U.S. Copyright Act
Makes it illegal to … traffic in any technology… which is primarily intended to circumvent a technological measure that protects a right of a copyright owner in a work protected by copyright.
Prohibits intentional removal or alteration of copyright management information
Digital Millennium Copyright Act (DMCA)
The DMCA:
U.S. Copyright Laws
On June 30, 2000, the US Congress enacted the Electronic Signatures in Global and National Commerce Act
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(E-Sign)
The E-Sign Act is a nationwide standard that gives digital signatures the same legal force as signatures written in ink. By making electronic signatures legally binding, this legislation enables consumers, enterprises, and government organizations to use the Internet to engage in transactions and business processes that require a personal signature.
From “VeriSign” web site at http://www.verisign.com/verisign-business-solutions/public-sector-solutions/public-sector-e-sign-act/index.html
U.S. Copyright Laws
refers to a set of ideas or concepts intended to limit the near-exclusive rights of the copyright owner under specific circumstances.
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However, because Fair Use is a doctrine and not a fixed body of laws, no generally applicable definition is available.
What is Fair Use?
Fair Use
“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
The 1976 Copyright Act gives some guidance to help identify 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 amount and substantiality of the portion used in relation to the copyrighted work as a whole;
And the effect of the use upon the potential market for or value of the copyrighted work.”
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The nature of the copyrighted work;
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Fair Use Defined
Part Three:Additional Information
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Sites to visit for more information
about copyrightUnited States Copyright Office promotes creativity by administering and sustaining an effective national copyright system. http://www.copyright.gov
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The Copyright Clearance Center provides the most complete and convenient access to copyright permission for millions of publications worldwide. http://www.copyright.com/
Association of American Publishers (AAP) has gathered several resources related to copyright and permissions throughout their web site.http://www.publishers.org/copyright/index.cfm
World Intellectual Property Organization (WIPO) is an agency of the United Nations that administers 23 international treaties dealing with different aspects of intellectual property protection. http://www.wipo.int/portal/index.html.en
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American Mathematical Society (AMS) Copyright and Permission Information http://www.ams.org/authors/permissions.html
The Digital Millennium Copyright Act (DMCA) seeks to update U.S. copyright law for the digital age in preparation for ratification of the World Intellectual Property Organization (WIPO) treaties.http://www.educause.edu/issues/dmca.html
The Copyright Management Center (CMC) serves the Indiana University-Purdue University Indianapolis (IUPUI) and larger Indiana University community with the management of copyright issues http://www.copyright.iupui.edu/index.htm
Sites to visit for more information
about copyrightAmerican Intellectual Property Law Association aids in the improvement in laws related to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.http://www.aipla.org
For more information
on this topic, please contact us:
IEEE IPR Officewww.ieee.org/copyrights
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For other tutorials on IPR-related topics, such as
• Trademarks• Patents• Plagiarism
Please visit the IEEE IPR Office web site
www.ieee.org/copyrights/tutorials
The IPR Tutorial Series
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This concludes the IEEE IPR Office Copyright Tutorial. This concludes the IEEE IPR Office Copyright Tutorial.
We hope it helped to provide a better understanding We hope it helped to provide a better understanding of copyright.of copyright.
Copyright © 2008 IEEE