Technology and the Internet have blurred the lines of legal available resources. It’s now very easy to access digital files and photos online. Downloading, copying and file sharing are everyday activities. Everyone has questions these days. - Is it okay to link to a YouTube video and show it to an audience of clients? Are you compliant or criminal? - Where can you find relevant, eye-catching material on the Internet for promoting, advertising, and marketing without being nabbed by the Copyright Cops? Presenter Lyn Belisle is a faculty member of the Computer Science Department at Trinity University,. She helps individuals navigate the confusing maze of intellectual property, copyright, and Fair Use. In her course at Trinity, she emphasizes legal use of online research processes to her students and colleagues who audit her course in Essential Information Technology. She has just completed The CIT Consortium: Social Legal and Ethical Issues for McGraw Hill Publishing Company and is currently working with noted IT textbook author Tim O’Leary on developing ethics questions for Spring 2013 college textbooks from McGraw Hill.

1. “But I’m giving them free publicity!”
Navigating the Maze of Copyright in
the Murky Digital Age
Lyn Belisle
Trinity University

3. Is the SCHIZZLE!!
WHY? Because it’s . . . . .
.

4. ….as beloved as Mickey!!!

5. . . .as convenient as McDonald’s

6. …and as strong as Altoid’s Breath
Mints!!

7. Endorsed by All the Best People!!

8. ROCK of AGES . . . .from the
cradle to the grave!!

9. OOPS . . .
I think I might be in trouble . . .

10. In five short slides, I managed to steal the
intellectual property rights of
• The Disney Corporation
• Eric Clapton
• The Wrigley Corporation
• Ace Team Software
• McDonalds
• PRSA
• And SACU – gulp.

11. A small part of McDonald’s fine print . .
• RESTRICTIONS ON USE
• Material from www.mcdonalds.com and any other World Wide Web site owned,
operated, licensed, or controlled by McDonald's Corporation or any of its related,
affiliated, or subsidiary companies (together, "McDonald's") may not be copied or
distributed, or republished, uploaded, posted, or transmitted in any way, without
the prior written consent of McDonald's EXCEPT: you may download one copy of
the material on one computer for your personal, non-commercial home use only,
provided you do not delete or change any copyright, trademark, or other
proprietary notices. Modification or use of the materials for any other purpose
violates McDonald's intellectual property rights. The material in this site is
provided for lawful purposes only. If you download software from our site, the
software, including all files, images, contained in or generated by the software,
and accompanying data (together, the "Software") are deemed to be licensed to
you by McDonald's. Neither title nor intellectual property rights are transferred to
you, but remain with McDonald's, who owns full and complete title. You may not
resell, decompile, reverse engineer, disassemble, or otherwise convert the
Software to a human perceivable form.

12. Digital Dilemmas
• What’s different now??? Why are things so
complicated??
• Digital vs analog – CDs vs tape
• Undetectable scans – Photoshop alterations
• Social networking sites – You Tube, Facebook
• Does posting imply implicit permission to
quote or rework?

13. Copyright Conundrum
• Fixed and Tangible
• Intellectual Property
• Copyright Infringement
• Fair Use
• Public Domain
• Creative Commons

14. Fixed and Tangible
• Quick – think of a slogan for an organic goat’s
milk ice cream
• Tell us – what’s yours?
• Is it copyrighted since we all heard it?
• Grab a paper napkin and write it down.
• Is it copyrighted now?
• It is since March 1, 1989

15. Intellectual Property
• Intellectual property (IP) refers to creations of the mind:
inventions, literary and artistic works, and symbols, names,
images, and designs used in commerce.
• Patents: Industrial property, which includes inventions
(patents), trademarks, and industrial designs
• Copyright: which includes literary and artistic works such as
novels, poems and plays, films, musical works, artistic
works such as drawings, paintings, photographs and
sculptures, and architectural designs. Rights related to
copyright include those of performing artists in their
performances, producers of phonograms in their
recordings, and those of broadcasters in their radio and
television programs. (lyrics vs performance)

16. Copyright Infringement
• Copyright infringement occurs when a
copyrighted work is reproduced, distributed,
performed, publicly displayed, or made into a
derivative work without the permission of the
copyright owner.
• Derivative? “Fanfic”

17. Fair Use: What about my Mickey
Mouse PR presentation?
• Fair use is a doctrine that permits limited use of copyrighted
material without acquiring permission from the rights holders.
Examples of fair use include commentary, criticism, news
reporting, research, teaching, library archiving and
scholarship.
– Purpose and character
– Nature of the copied work
– Amount and substantiality
– Effect upon work's value

18. Public Domain
• The public domain is not a place. A work of authorship is
in the “public domain” if it is no longer under copyright
protection or if it failed to meet the requirements for
copyright protection. Works in the public domain may be
used freely without the permission of the former
copyright owner.
• What happened when Mickey was about to go into
public domain??
• Thank you, Sonny Bono – not!!!!

20. But what if you *want* to share your
goat milk ice cream slogan? But. . .
you want to control how it’s used?
Or what if you want to find new
works that you can use without
asking the creator’s permission every
time?

21. Enter Creative commons
http://youtu.be/uTjpghGjjfo

22. How can you use it?
http://creativecommons.org/

23. What are some other resources?
• Photos: Stock Exchange, Dreamstime (free
images area)
• Music: Creative Commons
• Videos:
– You Tube (share)
– Vimeo (copy embed code)
• Clip Art – Open Clip Art Library
• More, more, more: Free Media for Creative
Use (James Madison University Library)

24. In the beginning . . .
SACU
cares . . .
And in the end . . .

25. Quiz:
• True or False: Each state has its own copyright laws.
• Which of the following is/are defense(s) to copyright
Infringement?
– Fair Use
– "I didn't know the work was copyrighted."
– "I'm giving the copyright owner free publicity.”
• For a work to be protectible under copyright, it must:
– Be original.
– Be Fixed in a Tangible Form of Expression.
– Be of professional quality.
– Include a Copyright Notice.

26. Only one thing is
impossible for God: To
find any sense in any
copyright law on the
planet.
~Mark Twain

27. All resources can be found on my Trinity website at your PR page:
http://www.cs.trinity.edu/~jbelisle/cs1300/PRCopyright.htm
Thank you!! Keep up the good work – legally!
Email me! Lyn.belisle@trinity.edu
Content used from The Disney Corporation, Eric Clapton, The Wrigley Corporation, Ace Team Software, McDonalds, PRSA and
SACU are protected by the Fair Use doctrine that permits limited use of copyrighted material without acquiring permission
from the rights holders.