4. Sources of Copyright Law
U.S. Constitution - Article I – Sec. 8
The Congress shall have Power . . . To promote the Progress of
Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective
Writings and Discoveries.
Copyright Act of 1976, as amended
Effective January 1, 1978
17 U.S.C. § 101, et seq.
5. What is protected by Copyright?
Copyright applies to
“original works of authorship” that are
“fixed in any tangible medium of expression”
Literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or
sculptural works, including the individual images of a
motion picture or other audio visual work
6. What is protected by Copyright?
Copyright never protects the “facts” -- only the way the author
has organized, selected, or arranged
The copyright owner therefore does not have the exclusive right
to reproduce the “facts” in a work; only the way that he/she
chose to select, organize or arrange those facts
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Mango HaX0ring by slava n
8. Who is the “Author?”
Ordinarily, the author is who
you think it is
Joint authors own a copyright
jointly
If the work was created by
employee acting within the
scope of his/her employment,
the employer is the author
Oftentimes, the author is the
owner, however, ownership can
be transferred from the author
to a third party.
Chiang Mai - Maetaman by ckmck
9. What does all this mean?
Owners can exclude others from:
• reproducing the work
• distributing the work to the public
• creating a “derivative work” based upon the work
• performing the work in public
• displaying the work to the public
• transmitting the work by means of digital audio
transmission
10. Do Copyrights last forever?
No.
Works published prior to 1923 – Public Domain
Prior to March 1, 1989
Absolute mess ---- depends on number of factors
After March 1, 1989
70 years after death of author, or if work of corporate
authorship, the shorter of 95 years from publication, or
120 years from creation
12. The Good News
Copyrights will protect:
Blog designs
Artwork
Text
Any original work of
authorship.
Metallic ballpen tips / biro Ballpen Ballpoint pen in
silver with handwritten random blue text on quad-
ruled paper by photosteve 101
13. The Bad News
The stuff other people create is protected by
copyrights.
Unauthorized use of another’s copyrighted
material may place you at risk:
Financialjeopardy
Reputation
Criminal Penalties
Money by AMagill
15. Digital Millennium Copyright Act (DMCA)
Complaints
Creates a “safe harbor”
immunity from copyright
liability for service
providers who “respond
expeditiously” to notices
claiming that they are
hosting or linking to
infringing material.
You can counter-notify
16. Bad News …
… Company XYZ is never willing to resolve copyright
infringement and unauthorized use claims for the
same amount as the base licensing rate … it would
encourage unauthorized use because there would be
no real disincentive to getting caught. Moreover, that
approach fails to take into the significant costs
incurred by Company XYZ in tracking down your
unauthorized use that would not have been incurred
had you come to us for a legitimate license … many
image companies multipliers such as 5x or10x for
unauthorized uses…
17. Protection from Infringement?
Original Content
Public Domain
Creative Commons
Licenses
Fair Use
Defense, not a right
Baywatch by Soggydan
18. Public Domain
No one owns it.
Everything published
before 1923.
US federal works.
Authors can choose.
22. Fair Use Exception
Please note
“this language does not provide blanket immunity,”
and “whether a use referred to in…Section 107 is
fair use…depends upon the application of the
determinative factors”
Basic Brooks, Inc. v. Kinko’s Graphics Corporation, 758 F.Supp. 1522, 1529 (S.D.N.Y. 1991)
23. When Does Fair Use Apply?
In determining whether the use made of a work is a
fair use, consider these four factors:
The purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes;
The nature of the copyrighted work;
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. (Section 107 of US Copyright
Law of 1976)
24. Additional Copyright Resources
U.S. Copyright Office
www.copyright.gov
Blogger’s Legal Guide
www.eff.org/issues/bloggers/legal/liability/IP
UT Crash Course in Copyright
copyright.lib.utexas.edu/
Interactive Copyright Lecture
www.cyberbee.com/cb_copyright.swf
Creative Commons
creativecommons.org/
25. THE FTC: A FEW THINGS
YOU MIGHT WANT TO
KNOW
DUNLAP CODDING, P.C.
26. When to disclose?
Disclose if there’s a connection between the
endorser and the marketer of the product that
would affect how people evaluate the endorsement
Youget product for free
A manufacturer sends you a sample
Advertiser pays you
Don’t need to disclose if:
You paid for the product yourself
The free sample is one that anyone could have
Airedale Presents from Oz
obtained (e.g. grocery store samples) by Lulu Hoeller
27. How to Disclose
“Company X sent me
For twitter: (name of product) to
#paid try…”
ad
#paid
#ad
For videos My Ferret by silicon640c
Disclaimerat the beginning that says some products
used were sent by the manufacturer
28. Consequences…
Written Warnings
Monetary Fines
Money by AMagill
29. Additional FTC Resources
FTC.gov
FTC Facts for Business
16 C.F.R. Part 255
FTC Videos of Endorsement Revisions
Caught Surfin Flickr by derekGavey
Endorsement: any advertising message that consumers are likely to believe reflects the opinion, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser. If the blogger receives the product from the manufacturer for free, then the blogger should disclose this fact. Basically if at anytime the blogger receives the product for free, or in any other manner in which it may influence his review of the product, then the relationship between the blogger and the marketer should be disclosed.
Reports indicate the fine could be up to around $10,000. However, the FTC says this is untrue. More likely, it is reported that each infraction will build up until the FTC decides to act. So far the FTC has only gone after companies and corporations. These have resulted in settlements. Legacy Learning Systems is the first company required to pay a monetary settlement. The FTC claims that reviews on Legacy learning videos were obtained from paid endorsers.