intellectual property basics

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Understanding Intellectual Property

What can you use?

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we are surrounded

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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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What is copyright?

The right of the author/creator to control.

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CONTROLReproduction

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CONTROLDerivative Works

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CONTROLDistribution and Sales

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CONTROLPublic Performance

and Display

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CONTROL

Digital Transmission

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All of your own work is copyrighted.

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All of your own work is copyrighted.

Seriously.

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

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• Registration is not required (since 1978)

• Fixation is the only requirement

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No use without permission.

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Items you can use

• Public Domain

• Fair Use

• Creative Commons

• GNU/Linux

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Public Domain

• Look for announcement of “public domain”

• Most clip art collections

• Most pre-1923 works

• Some image banks

• Some software

• GNU licenses

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Otherwise, you need to think about Fair Use.

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4 Factor Test

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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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This works... sometimes.

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Modern Authorship is . . .

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Distributed

Collaborative

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http://benfry.com/linking/

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Involves Assembly of Preexistent Information

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mashups

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Practical Applications

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May or may not be proprietary

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4 licenses:

• attribution only

• no derivative works

• non-commercial

• share alike

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Let’s look at two ways to search:

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