MTD1Notes WEEK 10
Intellectual Property and Fair Use
Copyright[1]
is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.
- To reproduce the work
- To prepare derivative works
- To distribute copies
- To perform or display the work publicly
- In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission.
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work, except in the case of work for hire, when it is the property of the employer.
What Works Are Protected?
Copyright protects “original works of authorship” that are fixed in a tangible form of expression (so, not ideas).
Copyright is secured automatically upon creation (but registration give additional protections), the copyright symbol is no longer required
How long is a work copyrighted for? The life of the author + 70 years
There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country.
Artists (and students)have an interest in both protecting their own work and in using the work of others.
One major limitation on copyright is the doctrine of “fair use”
Fair Use [2] the reproduction of a particular work may be considered fair when used in contexts such as
- criticism
- commentary
- news reporting
- teaching
- scholarship
- research
The courts have regarded as fair use:
- quotation of excerpts in a review or criticism for purposes of illustration or comment
- quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations
- use in a parody of some of the content of the work parodied
- summary of an address or article, with brief quotations, in a news report
- reproduction by a library of a portion of a work to replace part of a damaged copy
- reproduction by a teacher or student of a small part of a work to illustrate a lesson
- reproduction of a work in legislative or judicial proceedings or reports
- incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported
There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Some Examples
The Chiffons vs George Harrison [3] [4] [5]
Richard Prince vs. Patrick Cariou [6] [7] [8][9]
The Obama Hope Poster, Shepard Fairey and photographer Mannie Garcia [10] [11]
Wikileaks Call of Duty remix [12]
COPY-IT-RIGHT
Phil Morton[13] and Dan Sandin[14][15], early inventors and innovators in new media, were important in contributing to (one might say in establishing) a climate of "open source" beginning in the 70's.
anti copyright [16]
open source software[22]
Blender[23]
Open Office [24]
source forge [25]
Center for social media [26]
