copyrights on the internetvincent yee

Digital Millennium Copyright Act

• October 28, 1998, President Clinton signed the Act into law.

Digital Millennium Copyright Act

         Makes it a crime to circumvent anti-piracy measures built into most commercial software.

         Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.

         Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems.

         In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet.

         Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.

         Requires that "webcasters" pay licensing fees to record companies.

         Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."

The UCLA Online Institute for Cyberspace Law and Policy http://www.gseis.ucla.edu/iclp/dmca1.htm

Digital Millennium Copyright Act

         Makes it a crime to circumvent anti-piracy measures built into most commercial software.

         Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.

         Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems.

         In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet.

         Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.

         Requires that "webcasters" pay licensing fees to record companies.

         Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."

The UCLA Online Institute for Cyberspace Law and Policy http://www.gseis.ucla.edu/iclp/dmca1.htm

Digital Millennium Copyright Act

• Mandates the protection of copyrighted work in the digital realms

• Provides for penalties for criminal infringements of digital works, online.

• Includes a licensing and royalty scheme for transmission of copyrighted music over the Internet.

Basically….

• Artwork is your intellectual property and protected by copyright law

• The work must be original, creative and tangible.(paintings, scanned, digitally)

Your rights include…

• Exclusive right to reproduce work, display work publicly and perform work publicly.

More basics

• Copyrights on your work are created automatically on creation.

• Register a series of graphics for $20, and officially add ©.

• Official copyrights last your lifetime plus fifty years.

Some loopholes

• Some works may not be protected due to a lack of protection or the copyright expired.

• Copyrights do not apply to creations in the public domain such as facts and ideas.

• Copying is okay per the “fair use” doctrine of the DMCA.

Section 106

Notwithstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include-- 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect of the use upon the potential market for or value of the copy righted work.

Section 106

Notwithstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include-- 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect of the use upon the potential market for or value of the copy righted work.

The “heart” of infringement.

Permission in written form.

Digital Watermarks.

• Similar to paper watermarks.

• On the home page, no mark is displayed.

• On the pirated page, your watermark or text shows on the image.

• Digimarc is the main source, available in Adobe products.

The facts….

• Cost versus justice.

• Company pays for use of your image.

• Re-evaluation of your priorities.

How protected does one need to be?

• Artistic Growth

• Communal Growth

• Flattery will get you everywhere.

• The true impact of the issue.

In sum…

• Unless the image is clipart, someone took the time and expense to take the picture you are displaying.

• Infringement is Plagiarism.

• Small scale versus large scale.