COPYRIGHT? What’s that?“Respect Copyright,

Celebrate Creativity”

Purpose

To give the creator control of the use of their creations for a set period of time

Popular Copyright Myths• it’s on the internet, therefore it’s free!• if there is no copyright notice, I can use

the image• if I alter the image I don’t need

permission• if I don’t profit from it, I can use it• if I only use a part of the image I don’t

need permission

When does it take affect?

As soon as the original work is created.

What is protected?• literary works (e.g., all text, including

computer software); • musical works; • dramatic works; • pantomimes and choreographic works; • pictorial, graphic, and sculptural works; • motion pictures and other audiovisual

works; • sound recordings; • architectural works.

Photographsare “Pictorial Works”

(INSERT YOUR FAVORITE PHOTO)

Graphic works include:LogosAdvertisementsMovie PostersProduct DesignAnd more!

What is not protected?

ideas, procedures, or discoveries

What is not protected?

ideas, procedures, or discoveries• The ingredients of the recipe are not

copyrightable, but the instructions are.

What is not protected?

Ideas, procedures, or discoveriesTitles, names, short phrases, or slogans

• Skittles “Taste the Rainbow” is not copyrightable, but it can be trademark protected (which is a topic for another day :)

What is not protected?

Ideas, procedures, or discoveriesTitles, names, short phrases, or slogansFacts, news, and research

• A standard calendar is not copyrightable.

What is not protected?

Ideas, procedures, or discoveriesTitles, names, short phrases, or slogansFacts, news, and researchWorks in the public domain

• Anything distributed by the U.S. Government.• Anything posted on a public domain website (like

morguefile.com)

What is not protected?

Ideas, procedures, or discoveriesTitles, names, short phrases, or slogansFacts, news, and researchWorks in the public domainWorks not fixed in a “tangible expression”

• Unplanned speeches that are not written or recorded

What rights does the owner control?Rights to:•make copies of the work;•distribute copies of the work; •perform the work publicly (such as for plays, film, or music);•display the work publicly (such as for artwork, or any material used on the internet or television); and•make “derivative works” (including making modifications, adaptations or other new uses of a work, or translating the work to another media).

Copyright Limitations

the "Fair Use" doctrine allows limited copying of copyrighted works in specific situations.

Watch before moving on:• https://www.youtube.com/watch?v=0QiO_H0-ok8

Fair Use Four Factors Test1. The purpose and character of the use

• Educational, Nonprofit, and Personal use is fair use.• Commercial, For profit, and Entertainment is not fair use.• Example: Could you use an image you found on Google

search engine to promote your high school musical?

Fair Use Four Factors Test1. The purpose and character of the use

• Educational, Nonprofit, and Personal use is fair use.• Commercial, For profit, and Entertainment is not fair use.• Example: Could you use an image you found on Google

search engine to promote your high school musical?

• Your high school musical is an entertainment and for profit production

Fair Use Four Factors Test1. The purpose and character of the use2. The nature of the copyrighted work

• Is it published or fact? That is Fair Use.• Is it unpublished or a “creative work”? That is not fair use• Example: Would it be ok to use a graphic of a dragon

that you found on a video gaming website as a cover image for a flyer you made to promote a party?

.

Fair Use Four Factors Test1. The purpose and character of the use2. The nature of the copyrighted work

• Is it published or fact? That is Fair Use.• Is it unpublished or a “creative work”? That is not fair use• Example: Would it be ok to use a graphic of a dragon

that you found on a video gaming website as a cover image for a flyer you made to promote a party?

• The graphic is someone else’s creation and you would need to get permission to use it.

Fair Use Four Factors Test1. The purpose and character of the use2. The nature of the work3. The amount of the work

• Is it a small amount, or not a significant part? That is fair use!

• Is it a large amount, or the heart of the work? That is not fair use!

• Example: Does a radio station have the right to play 30 second clip of a hit song to emphasize a point they are trying to make?

.

Fair Use Four Factors Test1. The purpose and character of the use2. The nature of the work3. The amount of the work

• Is it a small amount, or not a significant part? That is fair use!

• Is it a large amount, or the heart of the work? That is not fair use!

• Example: Does a radio station have the right to play 30 second clip of a hit song to emphasize a point they are trying to make?

• 30 seconds is not a significant amount of time, especially if it is not the “heart” of the song.

Fair Use Four Factors Test1. The purpose and character of the use2. The nature of the work3. The amount of the work4. The effect on the market of the work

1. Is there no impact on the product market? Is there restricted access to the public? That is fair use.

2. Is there significant impact on the market? Is it made available to the world? That is not fair use.

3. Example: Could you use the little Facebook icon on a club sign-up sheet to indicate that you have a Facebook page?

.

Fair Use Four Factors Test1. The purpose and character of the use2. The nature of the work3. The amount of the work4. The effect on the market of the work

1. Is there no impact on the product market? Is there restricted access to the public? That is fair use.

2. Is there significant impact on the market? Is it made available to the world? That is not fair use.

3. Example: Could you use the little Facebook icon on a club sign-up sheet to indicate that you have a Facebook page?

4. It will not affect Facebook in the slightest!

You can use it if…You are doing at least 2 (but 3 is better) of the following:

• Using the work for a educational, nonprofit, or personal purposes.

• The work that you found was published. (nature)• You are using a small amount or insignificant part

of the work.• The way that you use the work will not affect its

market.

Good Fair Use Website:https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html

What is infringement?

• use of whole or a large part of an image or graphic without permission

• use beyond the scope of a license• adapting an image without permission

(art rendering, collage)• asking another artist or photographer to

recreate an image or graphic.

For ExampleThis image was created by a computer graphics artist who “borrowed” images from several sources.

Here is the original art

These are the two images that were infringed upon to create the Newsday cover.

Change of medium is still an infringement

Recreating a photo …

How to avoid infringement

KNOW THE RISKS!If you are going to use an image or other media

• Carefully examine fair use OR:• Get permission or obtain a license for all the uses that will be

needed;• Use public domain media (Images or documents that are

made public by the artist or anything created by the U.S. government)

Public domain websites:• http://www.morguefile.com/• http://www.publicdomainpictures.net/

Why should anyone care?

It’s stealing! Even if it’s not in the traditional senseYou will have statutory damages ($750-$30,000 and up to $150,000 if the infringement was willful)Your attorney’s fees will be costly as well

BE CREATIVE... and respect copyright

Fair Use or Infringement?Search EngineA search engine’s practice of creating small reproductions (“thumbnails”) of images and placing them on its own website (known as “inlining”) did not undermine the potential market for the sale or licensing of those images.

Fair Use or Infringement?Search EngineFair useImportant factors:

• Amont: The thumbnails were much smaller and of much poorer quality than the original photos and served to help the public access the images by indexing them. (Kelly v. Arriba-Soft, 336 F.3d. 811 (9th Cir. 2003).)

Fair Use or Infringement?Church of ScientologyEntire publications of the Church of Scientology were posted on the Internet by several individuals without Church permission.

Fair Use or Infringement?Church of ScientologyInfringement Important factors:

• Amount: Fair use is intended to permit the borrowing of portions of a work, not complete works. (Religious Technology Center v. Lerma, 40 U.S.P.Q. 2d 1569 (E.D. Va. 1996).)

Your turn!Find a completed copyright court case (that has a verdict) that we did not discuss in classAnswer the following questions in complete sentences:

• What were the circumstances? How was the work used?

• What was the verdict (fair use or not)?• Do you agree or disagree? Why?• Include an image of the work being discussed.

ResourcesPurdue University Copyright Office•https://www.lib.purdue.edu/uco/CopyrightBasics/index.html

Public Domain Websites•http://www.morguefile.com/archive•http://www.publicdomainpictures.net/

Copyright Cases:•https://99designs.com/designer-blog/2013/04/19/5-famous-copyright-infringement-cases/