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Circular 1 Copyright Basics
CIRCULAR 1 Copyright Basics Copyright is a form of protection Copyright is a form of protection provided by the laws of the provided by U.S. law to authors of United States to the authors of “original works of authorship” that are fixed in a tangible form of expression. An original “original works of authorship” from work of authorship is a work that is independently created by the time the works are created in a a human author and possesses at least some minimal degree of creativity. A work is “fixed” when it is captured (either fixed form. This circular provides an by or under the authority of an author) in a sufficiently overview of basic facts about copyright permanent medium such that the work can be perceived, and copyright registration with the reproduced, or communicated for more than a short time. Copyright protection in the United States exists automatically U.S. Copyright Office. It covers from the moment the original work of authorship is fixed.1 • Works eligible for protection • Rights of copyright owners What Works Are Protected? • Who can claim copyright • Duration of copyright Examples of copyrightable works include • Literary works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes and choreographic works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works • Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds • Architectural works These categories should be viewed broadly for the purpose of registering your work. For example, computer programs and certain “compilations” can be registered as “literary works”; maps and technical drawings can be registered as “pictorial, graphic, and sculptural works.” w copyright.gov note: Before 1978, federal copyright was generally secured by publishing a work with an appro- priate copyright notice. -
Creative Commons Open Licenses - What Is It All About?
CREATIVE COMMONS OPEN LICENSES - WHAT IS IT ALL ABOUT? Introductory presentation by Paul G. West Creative Commons South African Chapter Lead STATING THE UNNECESSARY This workshop is dedicated to providing a harassment-free experience for everyone regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of participants or facilitators in any form. Sexual language and imagery is not appropriate, including in any online platform that may be used. AND IT IS IMPORTANT TO ADD THAT . • Nothing in this workshop should be construed as legal advice! • We will be talking about an interesting range of topics that touch on copyright, fair use and open licensing. • We will together learn more about copyright, open licensing and open practices in various communities. • Upon completion, you should feel a little more comfortable sharing facts about copyright and open licensing and good open practices. • I am NOT a lawyer – I am a supporter of Open Educational Resources (OER) and Creative Commons (CC) open licenses. THE STORY DOES NOT START IN 2002 UNESCO Forum on the Impact of Open Courseware for Higher Education in Developing Countries https://unesdoc.unesco.org/ark:/48223/pf0000181682 ORIGINS OF OER CREATION OF A MOVEMENT Larry Lessig and others founded the Creative Commons 2001 Charles M. Vest speaks of a meta-university 2007 a transcendent, accessible, empowering, dynamic, communally constructed framework of open materials and platforms -
Audiences, Gender and Community in Fan Vidding Katharina M
University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2011 "Veni, Vidi, Vids!" audiences, gender and community in Fan Vidding Katharina M. Freund University of Wollongong, [email protected] Recommended Citation Freund, Katharina M., "Veni, Vidi, Vids!" audiences, gender and community in Fan Vidding, Doctor of Philosophy thesis, School of Social Sciences, Media and Communications, Faculty of Arts, University of Wollongong, 2011. http://ro.uow.edu.au/theses/3447 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] “Veni, Vidi, Vids!”: Audiences, Gender and Community in Fan Vidding A thesis submitted in fulfilment of the requirements for the award of the degree Doctor of Philosophy From University of Wollongong by Katharina Freund (BA Hons) School of Social Sciences, Media and Communications 2011 CERTIFICATION I, Katharina Freund, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Arts Faculty, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Katharina Freund 30 September, 2011 i ABSTRACT This thesis documents and analyses the contemporary community of (mostly) female fan video editors, known as vidders, through a triangulated, ethnographic study. It provides historical and contextual background for the development of the vidding community, and explores the role of agency among this specialised audience community. Utilising semiotic theory, it offers a theoretical language for understanding the structure and function of remix videos. -
Copyright Online Education
Roadmap Copyright online education April 2018 Education and Student Affairs 1 | Roadmap for Copyright April 2018 Table of content Table of content ....................................................................................2 Introduction .........................................................................................3 Open Education and Licenses ...................................................................4 What you further have to know about Creative Commons .............................6 What is… .............................................................................................7 Flow chart for the use of footage in ..........................................................9 Searching for images, audio or video via CC Search ................................... 10 More websites with new CC footage ........................................................ 11 Attributing works ................................................................................. 12 Copyright and Brightspace .................................................................... 14 Contact .............................................................................................. 16 2 | Roadmap for Copyright April 2018 1. Introduction Education is based on a foundation of sharing. In our education we share knowledge with our students and our fellow teachers. Sharing educational resources openly and offering open and online courses gives others a chance to benefit from the knowledge we teach. In return others can contribute back -
Digital Rights Management, Copyright, and Napster†
Digital Rights Management, Copyright, and Napster† Nic Garnett* Digital Rights Management technologies in the field of copyright protection should meet four objectives: • give consumers new freedom to enjoy music and other forms of content; • give copyright owners and other value chain participants the means to manage and protect their rights in published works; • implement elements of law, such as copyright exceptions, that ensure that rights are managed in accordance with the public interest; • provide users with the means to manage their legitimate personal rights and interests. We sketch how these goals can be achieved with current technology for peer-to-peer Digital Rights Management (DRM). This technology can ensure the neutrality, security, commercial reliability, and trusted interoperability of applications and services used to protect and manage rights in all forms of information, including creative works protected by copyright. The rapidly evolving area of digital commerce in information requires a framework of commercial trust comparable in scope, and at least as reliable, as the systems of trust that underpin commerce in the physical world. 1. INTRODUCTION Great creators are normally great communicators, their individual voices collectively embodying and expressing the values and passions of their culture. Using digital technology expedites the accurate communication of creators’ works. When employed in the proper context, digital technology can also support the universe of rights associated with most creative works – the rights of creators, value chain members, users, and societal organizations. Although digital technology can greatly enhance the communication of creators’ works, it can also create severe problems. Improperly used digital technology can deny content creators and their successors a commercial return on their labor and the ability to manage and exploit their own property. -
Defense Against the Dark Arts of Copyright Trolling Matthew As G
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2018 Defense Against the Dark Arts of Copyright Trolling Matthew aS g Jake Haskell Follow this and additional works at: https://lawecommons.luc.edu/facpubs Part of the Civil Procedure Commons, and the Intellectual Property Law Commons Defense Against the Dark Arts of Copyright Trolling Matthew Sag &Jake Haskell * ABSTRACT: In this Article, we offer both a legal and a pragmaticframework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright casesfiled in the United States over the past threeyears. In the typical case, the plaintiffs claims of infringement rely on a poorly substantiatedform pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broaderproblem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet technology. The plaintiffs bringing these cases target hundreds or thousands of defendants nationwide and seek quick settlements pricedjust low enough that it is less expensive for the defendant to pay rather than to defend the claim, regardless of the claim's merits. We report new empirical data on the continued growth of this form of copyright trolling in the United States. We also undertake a detailed analysis of the legal andfactual underpinnings of these cases. Despite theirunderlying weakness, plaintiffs have exploited information asymmetries, the high cost of federal court litigation, and the extravagant threat of statutory damages for copyright infringement to leverage settlementsfrom the guilty and the innocent alike. -
Cantor Colburn Year End 2012 Newsletter
IDEAS ON INTELLECTUAL PROPERTY LAW YEAR END 2012 A more permissive approach? New patent test issued for computer-based inventions Barking up the wrong tree: A trademark case The suit must go on Copyright Act doesn’t preempt TV contract claim Willful patent infringement standard redefined A more permissive approach? New patent test issued for computer-based inventions To patent or not to patent; that is the question. Clarity elusive And it’s a question that just keeps coming up — Under the federal Patent Act, abstract ideas are especially in the case of so-called business-method ineligible for patents. But just what constitutes an patents that involve the use of computers. abstract idea? The U.S. Supreme Court’s decision in Mayo Collab- As the Federal Circuit noted, the “abstractness of the orative Svcs. v. Prometheus Laboratories, Inc. in early ‘abstract ideas’ test to patent eligibility has become 2012 seemed to bring some clarity to the matter. a serious problem, leading to great uncertainty.” Namely, many observers believed Mayo would make it Despite many previous court decisions and extensive harder for the holders of business-method patents to legal commentary, the dividing line between inven- overcome challenges asserting that their inventions tions that involve unpatentable abstract ideas and are unpatentable abstract ideas. those that don’t remains elusive. But the U.S. Court of Appeals for the Federal Circuit, Some courts have relied on the notion of “preemp- which hears all appeals of patent cases, has since tion.” Under this concept, patents that cover no declared yet another new rule about when computer- more than a fundamental truth and foreclose, rather based inventions may qualify for patent protection. -
FAIR USE of COPYRIGHTED MATERIAL an Informative Guide
FAIR USE OF COPYRIGHTED MATERIAL An informative guide FAIR USE OF COPYRIGHTED MATERIAL An informative guide Prepared by the Salt Lake Community College General Counsel’s Office Q: What is "fair use"? A: Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster. It allows one to use and build upon prior works in a manner that does not unfairly deprive prior copyright owners of the right to control and benefit from their works. Together with other features of copyright law, fair use reconciles the copyright statute with the First Amendment. Q: What is the test for fair use? A: The fair use defense is now codified in Section 107 of the Copyright Act. It is a defense that is mounted when a challenge to fair use is made. There is no need to make or draft an argument for fair use absent the legal challenge to such use. The statute provides that fair use of a work “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use, scholarship, or research)” is not an infringement of copyright. To determine whether a given use is fair use, the statute directs, one must consider the following four factors: 1. the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. -
Copyright and Educational Fair
Copyright Compliance Policy for Members of the Alliant International University Community Introduction It is the policy of Alliant International University (AIU) that all members of the University Community must comply with U.S. Copyright Law. To provide for a high- quality education for students of AIU, University faculty often find it useful to make available to their students copyrighted material. Faculty frequently find that an effective means to make such information available is to copy and distribute it to students. The Copyright Act of 1976, 17 U.S.C. § 1 et seq. provides for duplication of copyrighted materials by the copyright owner, with the permission of the copyright owner or when the copying is considered a “fair use” of the material. To encourage legitimate copying by the AIU faculty, staff and students within the scope of the Copyright Act and in furtherance of their educational, research, creative, and scholarly pursuits, AIU is publishing these general policy guidelines. The goal of this document is to provide faculty and staff with a general understanding of copyright law and the applicability of the fair use doctrine in teaching and research. Appropriate application of fair use in education is dependent on a fundamental knowledge of copyright law and educators can only make informed, good faith fair use judgments when they understand the concepts and principles behind the statutes. Copyright Basics A copyright is the set of exclusive legal rights authors or creators have over their works for a limited period of time. These rights include copying the works (including parts of the works), making derivative works, distributing the works and performing the works. -
Copyright, Trademark and Patent Law: an Overview of the Intellectual Property Framework in the United States – Ann Bartow
LAW – Copyright, Trademark and Patent Law: An Overview of the Intellectual Property Framework in the United States – Ann Bartow COPYRIGHT, TRADEMARK AND PATENT LAW: AN OVERVIEW OF THE INTELLECTUAL PROPERTY FRAMEWORK IN THE UNITED STATES Ann Bartow University of South Carolina School of Law, Columbia, South Carolina, USA Keywords: Copyright, intellectual property, intangible property, invention, non- obvious, novel, monopoly, patent, Patent Trademark Office, technology, trademark, useful, utility patent Contents 1. Introduction 2. Patents 3. Copyrights 4. Trademarks Glossary Bibliography Biographical Sketch Summary This article provides an overview of the general principles of intellectual property law, with examples drawn from US law. Intellectual property in the US has become an increasingly important commodity. Accordingly, the legal regime governing intellectual property rights has undergone significant development in recent years. This article will discuss the three basic categories of intellectual property: patents, copyrights and trademarks. Patents grant inventors exclusive rights to their inventions. Copyrights provide the author of a creative or artistic work rights to the reproduction, distribution and sale of that work. Finally, a trademark is an exclusive right to a word, phrase, or symbol used in conjunction with a specific good to indicate the source of the goods and distinguish them from the commercial offerings of competitors. While these categories are distinct, a single product may be simultaneously protected by patent, copyright, and trademark laws. 1. IntroductionUNESCO – EOLSS “Intellectual Property” is an umbrella term for intangible, commercially exploitable assets. The threeSAMPLE main forms of intellectu alCHAPTERS property are patents, copyrights, and trademarks. Each category of intellectual property is unique and independent. -
The Basics of Copyright Law Just Enough Copyright for People Who Are Not Attorneys Or Intellectual Property Experts by Mitchell Zimmerman
The Basics of Copyright Law Just Enough Copyright for People Who Are Not Attorneys or Intellectual Property Experts by mitchell zimmerman This article originally appeared in the not protect the underlying ideas embodied in a California Bar Journal as an educational piece work; neither does it protect against independent for attorneys not expert in intellectual property development. law, but is suitable for non-attorneys as well. Basic copyright protection is automatic, essentially You have been helping a client set up her consulting free, and more or less world-wide in scope. Although business for failing bookstores (Speak Volumes people often speak of “copyrighting” a work or Recovery Group), and she mentions that she has “obtaining a copyright,” these are misnomers. The developed a PowerPoint presentation and hand-outs copyrights in any original work of authorship come for use in their seminars. “Do you think we should into existence automatically, without further action, as trademark or copyright these materials?” she asks. of the moment of “fixation” of the work. Registering “We’re really jazzed about the slides; we made them a work with the U.S. Copyright Office and marking a much more exciting by using a lot of photos we work with a copyright notice are not required, and found on the internet. Also, the manuals we give our failure to do so does not result in loss of the basic customers include some great ideas we’ve developed rights of copyright holders. about bookstore inventory control — the copyright will keep our competitors from using our ideas if we copyright requirements register the manual, right?” There are three basic requirements for copyright “Well,” you respond, “ummm… ahh…. -
Fair Dealing? and Films Too?
COPYRIGHT: INTERACTIVE Q&A • This resource is intended to be used interactively, either as a Slide Show in PowerPoint or as a PDF file. If you are viewing this slide in Microsoft PowerPoint, please select ‘Play from Beginning’ now (via the Slide Show menu or shortcut in the bottom right corner). • If you are viewing this slide in your PDF reader, please navigate this resource using the hyperlinks and action buttons embedded in the slides, rather than scrolling through the document to read all information linearly. • The next slide contains a table of questions relating to the use of third party material for teaching purposes. Clicking on a question will link you straight to the answer to that question. When you see the teal coloured ‘Next’ button in the bottom right corner, click this to read additional information on the next slide. Click the red coloured ‘Back’ button to return to the table of questions. © University of Reading 2020 Disclaimer What’s Restricted Due Appropriate Residual Applied what reuse Diligence attribution risks advice Click any cell to start What does ! How long does How can I tell As long as I don’t Copyright copyright protect Depictions of What does ‘CC0’ copyright whether a work is plagiarise, surely protection and what does public domain mean? protection last? protected? I can’t infringe? this restrict? data and art Do I need to Aren’t there Can I rely on ! Where can I find Do I always need Copyright obtain permission already licences Creative Contract terms licensed works to credit the permission and what form