1. COPYRIGHT IN THE VIRTUAL
ENVIRONMENT
Ellen Broad
Executive Officer
Copyright Law and Policy Adviser t: 02 6262 1273
Australian Libraries Copyright Committee w: digital.org.au
Australian Digital Alliance e: ebroad@nla.gov.au
This slide show is licensed under a Creative Commons Attribution Licence
2. PART 1:
UNDERSTANDING
COPYRIGHT
Confusing by Guudmorning ! http://www.flickr.com/photos/kristiand/3223044657/
3. Copyright law in Australia gives copyright holders exclusive rights to do
certain things with their material.
But it is recognised that...
Copyright law must strike a balance between providing an incentive to create
works and allowing users (and other creators) reasonable access to copyright
material.
4. Requirements for copyright protection:
Can only be form of expression of information
Expression must be in material form
The work must have an author
The work must be original
originality of expression
not underlying idea
Drugged shopping list, by way opening http://
www.flickr.com/photos/book_slut/13334413
68/
5. What is protected?
•Literary works
•Musical works, including accompanying
lyrics
•Dramatic works, including accompanying
music
•Artistic works
•Animations, software
•Choreographic works
•Films
•Sound recordings
•Published editions
•Broadcastings
6. Types of literary and artistic works in
collecting institutions: Books
Manuscripts
Poetry
Periodicals and Journals
Dissertations and theses
Reports
Speeches
Photographs
Pamphlets/brochures
Textbooks
Reference works
Catalogues
Paintings, cartoons, sketches
Directories
Games
Websites and online works
E-mail messages
7. Musical works
Original compositions and new
arrangements of original compositions
Copyright holder is the author of the work
BUT copyright in a musical work is
distinguished from copyright in the sound
recording of that work.
The creator of the original musical work
has the right to authorise or make the
first recording of that work.
Is silence capable of being copyright? Ave Maria – Free Sheet Music for Piano by Cantorion.org
http://www.flickr.com/photos/cantorion/5104621221/
8. Subject matter other than works:
Films Sound recordings
Commercials
Documentaries
Recordings in any format
Raw footage
TV programs
Copyright holder is the maker of the
Home movies
sound recording – i.e. the record company
and performer – distinguish from
One motion picture may have layers of
copyright in musical work
copyright, in the:
Score
If a live performance, each performer is
Music
also considered a maker of the sound
Lyrics
recording.
Script
Screenplay
Film recording
9. What rights are protected?
•Reproduction - copying of a work in any
format
•Publication – right to make the work
public for the first time
•Public performance and communication –
including electronic communications
•Adaptation – i.e. translations
10. Moral rights
Relatively new – introduced in 2000
Not a ‘copyright right’
Inalienable rights which cannot be assigned
Include:
Attribution
Prevention of false attribution
Ensuring integrity of authorship – right to
object to mutilation, distortion, any act
prejudicial to author’s honour or reputation
11. Who is the owner of copyright?
Generally the “author” of the work
– the person who translates the
idea into a material form.
In sound recordings, the “maker”
of the work – can be performers
and record producers
Films – generally producer of the
film; but only in moving image and Newspaper clippings table by carmichaellilibrary
sound – layers of copyright http://www.flickr.com/photos/carmichaellibrary/3820957471/
Published editions – copyright
owned by the publisher ...don’t forget moral rights!
12. EXERCISE – IDENTIFYING COPYRIGHT WORKS
AND OWNERS OF COPYRIGHT
Example 1 – a movie poster donated to the
collecting society
1. Is this a ‘work’ capable of copyright
protection?
2. Who is the ‘author’ likely to be?
3. Do I need permission to use this work?
Movie Poster, by DidbyGraham http://www.flickr.com/photos/didbygraham/3592696631/
13. Duration of copyright
If a work is published during the life of the author – generally 70
years after end of year of author’s death (literary, dramatic,
musical, artistic works)
Film and sound recordings – generally, 70 years from end of
year of first publication – remember there may be a number of
underlying works in one film or CD!
Television and sound broadcast – 50 years from end of year in
which broadcast made
Photographs – generally, 70 years after the end of the year of
author’s death
Crown copyright?
...unpublished works?
14. Unpublished works
If material was never published,
copyright would not expire
‘publish’ – make available to public as a
whole
Works unpublished at the date of the
author’s death, or which do not have a
known author from which to calculate
the date of death (orphan works) –
copyright term begins from date of first
publication after death
15. Infringement of copyright
Generally, copyright is infringed if the work, or a “substantial
part” of the work, is used without permission in one of the
ways exclusively reserved by the copyright owner.
Copyright can also be infringed where there is:
Authorisation
Importation
Commercial dealings with pirate material
Allowing the use of a venue for infringing
performance/screening
Celebrity Shorts 1 Screening 12 by Canadian Film Centre
http://www.flickr.com/photos/cfccreates/5804695110/
16. Circumvention of Technological Protection Measures (TPMs)
Digital ‘locks’ preventing people from using works in certain ways and/or accessing
copyright works.
Exceptions allowing the circumvention of TPMs:
Where the copyright owner permits it
Region coding (DVDs, games)
Interoperability with computer programs
Making of preservation copies
Providing works to users and other libraries under section 49 and 50
17. Video: Copyright – Forever Less One Day by CGPGrey
http://www.youtube.com/watch?feature=player_embedded&v=tk862B
!
Notas do Editor
In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
Originality does not require that the idea or concept underpinning the form of expression is original or inventive, or need an assessment of the artistic merit or quality of the work. Merely that expression ‘originate’ with the author and not be derived or copied from someone else. Copyright does not protect facts! Shopping list capable of copyright protection? Well, information (i.e. List of ingredients and quantities used in recipe) is not protected. Doesn’t need to be novel, merely skill or labour on the part of the copyright owner. Here, copyright owner would have exclusive right to photocopy, reproduce, etc the list – not copyright protection in information in the list.
Beyonce choreography infringement! Billboard music awards performance
John Cage 4’33 composition Oral histories? Recordings of traffic, bird noises?
Writer of instruction manual, taker of photograph. CA also allows for works of joint authorship. Consider instances in which author will not be first owner of copyright – signed agreement, employee creating work as part of usual duties, commissioned photograph, portrait, engraving; under the direction or control of Cth Newspapers/magazines – generally copyright is divided between the employees and the employers (unless agreement stating otherwise). Before 1 May 1969 copyright is owned solely by the employer. Between 1 May 1969 – 30 July 1998, newspaper owns rights for certain purposes including publication but journalist generally owns rights for all other purposes including copying and book publication. Post 30 July 1998, author owns copyright in book publication and photocopying, newspaper proprietor owns copyright for all other purposes including publishing in magazines, broadcast and electronic publication. Freelance journalists? Generally own their own copyright. Commissioned photographs – before 30 July 1998, client owns copyright . After 30 July 1998, photographer owns copyright unless it was for a private/domestic purpose. Sound recordings – post 1 January 2005, both performer and person who owns recording medium. Performers have limited rights pre 1 January 2005, considered copyright held by record company Oral histories? Recordings of traffic, bird noises? Exercise – identifying the copyright owner; what about copies of copyright works?
Yes – artistic work While it could be the maker of the poster, likely done in course of employment so film studio Google search date of release of movie – 1959 release, pre implementation of AUSFTA so 50 years protection, expired in 2009. Let’s go through the first film example together
As a result of the Australia-US Free Trade Agreement, on 1 January 2005 the period of protection for copyright material was extended to 70 years. . However, no revival of copyright that expired pre 1 January 2005 (cf. Golan in the US). Prior to AUSFTA, 50 years from end of year in which creator died. I.e. If an author died before 1956, works will be out of copyright. Published editions – 25 years from end of year of first publication ACC has good tables for duration of copyright – cannot show them to you though without infringing copyright. Note – sound recordings pre 1969
Mark Twain, died in 1910, unpublished letters offered for sale on microfilm in 2001, extending copyright duration to 2048 – almost 140 years after his death! Copyright duration in film works with script, music, etc Unpublished works with unknown authors and ‘publication’ occurring with deposit - CAL and the State of NSW, the Full Federal Court found that artistic works were published after being deposited in the archives of the Registrar-General of Land Titles to be made available to the public. The Court took a broad construction of what constitutes an act of publication by interpreting it to include the public being able to access the works by visiting the Registrar-General, their local council, and other methods.
Depends whether the copy has appropriated the expression of the original work – and there must be degree of similarity between the two. Qualitative question Ask – is there infringement in an article extract? Newspaper headline? Examples of names, titles or slogans which courts have held were not protected by copyright include: • Exxon, a word invented as the name of a corporation; • Opportunity Knocks, the title of a television program; • The Man who Broke the Bank at Monte Carlo, the title of a song; and • “ The resort that offers precious little”, an advertising slogan.
Explain difference between ‘TPM’ and ‘ACTPM’ – access control TMP. It will always be an infringement to circumvent an ACTM, unless an exception applies – for collecting societies,
Explain difference between ‘TPM’ and ‘ACTPM’ – access control TMP. It will always be an infringement to circumvent an ACTM, unless an exception applies – for collecting societies,
