authorship seminar: intellectual property basics

IP 101CCR 747 ::: S13

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we are surrounded

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Jess: I’ve been coming back to this idea throughout the week as I think about my own project with community work, where populations or individuals are often not deemed authors, or at least not Authors. And their work goes unacknowledged because they lack the access or agency to publish and/or to be heard so that they can even act in the capacity of an author. ...I keep thinking about how the cultural status of an author (as it relates to copyright laws) first acknowledges that an author exists. I guess I’m wondering if copyright laws do/can protect people in this situation, people who perhaps aren’t necessarily typical authors wanting to protect their work but still write and invent texts?

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Tamara:Who benefits from copyright law?  What is the purpose of publishing work/making it public?  What is a work worth if the general public cannot access it?

[And what is the purpose of protecting it?]

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Statute of Anne1710

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an act for the encouragement of learning

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“the Encouragement of Learned Men to

Compose and Write useful Books”

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14 / 14registration requirement

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Donaldson vs Beckett1774

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public interest?natural rights?

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“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.”

(USC 17, Article 1, Section 8)

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“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.”

(USC 17, Article 1, Section 8)

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. 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.”

(USC 17, Article 1, Section 8)

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limited monopoly rights

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1790: 14/14• maps

• charts

• books

• registration requirement

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1909: 28/28

• covered “all the writings of an author”

• term began from publication rather than registration

• unpublished works not covered

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1976: life + 50

• Fixation rather than registration

• Ownership of unbundled rights

• Termination rights

• Anonymous/pseudonymous works and works-for-hire: 75 years from publication or 100 years from creation.

• Fair use

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http://lundissimo.info/imgs/motorcity/napkinart/guy.jpg

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Fair Use

• What is the character of the use?

• What is the nature of the use?

• How much will you use?

• What are the market effects?

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Educational use is protected.

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Parody is Protected.

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Criticism is protected.

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Berne Convention

• Every major country except China, USSR, and US

• US entry in 1989 after 102 years of refusal

(We’ll come back to this.)

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Sonny Bono Copyright Term Extension Act, 1998

• Life + 70 years

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Digital Millennium Copyright Act

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• No circumventing digital protections

• No distribution of devices designed to circumvent digital protections

• No selling of anti-security tools

• No removing copyright information

• Safe harbor for Internet Service Providers

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What is copyright?

The right of the author/creator to control.

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First Sale Doctrine

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Reproduction

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Derivative Works

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Distribution and Sales

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Public Performanceand Display

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Digital Transmission

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Modern Authorship is . . .

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digital

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Distributed

Collaborative

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http://benfry.com/linking/

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Issues (Samuelson)

• ease of replication

• ease of transmission and multiple use

• plasticity of digital media

• equivalence of works in digital form

• compactness of works in digital form

• new search and link capacities

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transnational

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Back to Berne

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World Intellectual Property Organization

(WIPO)

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Trade-Related Aspects of Intellectual Property Rights

(TRIPS)

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US as pirate nation.

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US as primary exporter

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US crackdown on piracy.

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Berne Provisions

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The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.

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Protected without formalities

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Minimum term of life + 50

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exclusive economic rights

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