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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