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| protects artistic creations |
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| protects business logos, marks, slogans |
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| secrets kept by businesses |
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| a person’s right to their name, likeness, image, persona |
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| 1st copyright law for books |
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What do Copyrights Protect?
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Artistic Creations: music, books, plays, movies, dance, photographs, paintings, sculptures, computer programs, architecture, graphic arts, etc.
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How are Copyrights Regulated?
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- By the Library of Congress/U.S. Copyright Office
- By Federal Statutes, such as the Copyright Act of 1976
- By Federal Court Cases
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| How can i get a copyright? |
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Definition
- Copyright is acquired when an original work is fixed in a tangible medium.
- The person or entity that creates the work is known as the author.
- The author may register the work with the U.S. Copyright Office.
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| How Long Does a Copyright Registration Last? |
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Definition
- the registration lasts for the lifetime of the author + an additional 70 years.
- If the author of the work is a corporation, the registration lasts for 120 years from the date of creation (unpublished) or 95 years from the date of publication.
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| Legal Clarification of the term “Creation” |
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A work is legally created when it is fixed in a tangible medium (perceptible form) for the first time.
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| Legal Clarification of the terms "Publicaton" |
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| A work is legally published when it is distributed to the public for sale, license, rental, lease or, in the case of libraries, lending. |
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| What Does Copyright Protection Give an Author? |
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Definition
Exclusive Rights:
To Reproduce the Work
To Distribute the Work
To Make Derivates of the Work
To Display the Work
To Perform the Work
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Basically, a “problematic” statute:
- No moral rights
- Didn’t protect all types of creative works
- Copyright notice required for protection – or else!
- Conflicted with European copyright laws
- Registration had to be renewed or protection was lost
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- Protects works created on or after Jan. 1, 1978.
- Protects published and unpublished works.
- No more need to renew registration.
- Notice of copyright is no longer required.
- Permits registration and protection for all forms of creative works.
- Defined “creation.”
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Term
| The Berne Convention Implementation Act (1989-90) |
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Definition
- Amendments were made to the 1976 Copyright Act so that the U.S. could join the Berne Convention.
- Today, 163 countries belong to this important treaty.
- Changes:
- Moral rights had to be given to artists.
- Architectural works had to be protected.
- The old copyright notice rule had to go!
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| The GATT Amendments (1994) |
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Definition
More changes to the 1976 Copyright Act!
- It now becomes illegal to rent computer programs.
- It now becomes illegal to make bootleg copies of live music performances and music videos.
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| The Sonny Bono Copyright Term Extension Act (1998) |
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Definition
- Sometimes called the “Mickey Mouse” Act.
- Extends copyright registration/protection for an additional 20 years on all new works, as well as those dating back to 1928.
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| The Digital Millennium Copyright Act (1998) |
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Definition
- Makes it illegal to circumvent anti-piracy devices.
- Prohibits the removal of digital watermarks.
- Limits liability for ISPs in case of online infringement.
- Provides licensing standards and royalty payments for webcasts.
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Term
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Definition
An original work of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
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A work is “original” when it is original to the author (i.e., not a copy of someone else’s work!)
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- A work is “fixed” when it is embodied in a tangible (touchable) medium that is perceptible by the human senses or with the aid of a machine.
- The medium has to be stable enough to permit the work to be perceived, reproduced, or communicated for more than just a brief period of time.
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- These are works expressed in words, numbers, or other verbal or numerical symbols.
- Some examples include: books, newspapers, magazines, poetry, and computer programs.
- They can be kept or stored in any tangible medium: on paper, disks, hard drive memory, USB sticks, tapes, CDs, etc.
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Term
| Non-Dramatic Musical Works |
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Definition
- A musical work is a musical composition.
- The composition may be either instrumental or include accompanying lyrics. Both music and lyrics are protected!
- Music that accompanies dramatic and AV works cannot be registered in the “musical work” category. Ex) Broadway plays, Motion Pictures, etc.
- Can be embodied in manuscript, sound recording, or other form of fixation.
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- Usually “plays” prepared for stage.
- Also includes movies, radio and TV (including any accompanying music).
- It is generally a narrative presented by means of dialogue and action, with performance directions.
- Can be embodied in a manuscript, video, or other form of fixation.
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Pantomime (“mime”) is a mute performance with expressive communication.
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| is the composition and arrangement of dance steps, often with music. |
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| Pictorial, Graphic & Sculptural Works |
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Definition
Works of 2- and 3-dimensional visual art.
Examples: photographs, paintings, sculptures, prints, etc.
Can be reproduced on functional objects (useful articles).
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- The author’s right to receive name credit (attribution); and
- To control the destiny of the work (integrity).
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a series of related images intended to be shown by machines such as projectors, including accompanying sounds, if any. |
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| audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, including accompanying sounds. |
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| A work resulting from the fixation of a series of musical or other sounds, such as narration, spoken words, environment, etc. |
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Section 106 of the Copyright Act of 1976 provides a bundle of exclusive rights granted to the author/owner of a registered copyright.
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Definition
- The right to Reproduce the work;
- The right to Distribute copies of the work;
- The right to make derivatives of the work;
- The right to Perform the work publicly; and
- To Display the work publicly.
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Term
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Definition
- A derivative work is based on one or more pre-existing works.
- A derivative work also requires that the new work creatively transform or adapt the work upon which it is based.
- Examples: making a book into a movie; translating a book into another language; making a new arrangement (or “cover”) of a song; making a new edition, version, or update to software or books; movie and TV spin-offs and sequels.
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| Registering a copyright on a derivative |
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Definition
- If using someone else’s underlying material, be sure to have a license or permission!
- The copyright will protect only the newly-added material (i.e., the new elements): not the underlying original.
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| Protecting Fictional Characters |
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Definition
- Fictional literary or visual characters (e.g., Superman, Spiderman, etc.) may be the source of several derivative works.
- If the characters are well developed and recognizable, they can be copyright protected from any form of copying or unpermitted use.
- Also, actors may acquire rights of publicity in their TV or movie characters.
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Term
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Definition
- is formed by collecting and assembling pre-existing material or data to result in a work of authorship
- To be copyrightable, the compilation must have some degree of creativity expressed.
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| is a special type of compilation. |
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| Copyright law will not protect names, titles, short phrases, slogans, or business logos. These are properly protected by trademarks. |
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- Copyright law will not protect works in the public domain. Anyone is free to use them!
- Any work published in the U.S. before 1923 is now in the public domain.
- Works can enter the public domain if the copyright expires or is forfeited.
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- Works dedicated to the public, labeled “royalty free” or “copyright free”;
- “Freeware”;
- Works created by federal employees as part of their duties.
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Definition
- This is a functional object that has a purpose (example: t-shirt or mug).
- If an artistic image is placed on it, the image will be protected by copyright but not the useful article!
- Example: a photograph on a mug or t-shirt.
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| the underlying plot, concept, theme, genre, or idea can be freely used by anyone. |
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| allows the public to use copyrighted material for limited purposes, without seeking permission from the copyright owner. |
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Commentary
Criticism
Illustration
News Reporting
Teaching
Research
Scholarship
Parody
Governmental/Judicial Proceedings
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Definition
Used as an Affirmative Defense.
Which means the Defendant is not denying that they used the work, but that they have the right to use the work based on a limited public right (such as fair use)
It’s not a magic shield to protect you from a law suit, but if you do get sued, it’s a good defense to have.
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| Principles of Copyright Ownership |
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Definition
- The author is the original copyright owner. He or she may later assign, license, mortgage, or will away that ownership to another.
- The copyright owner has legal title to the work.
- Artists typically assign their works, under work-made-for-hire agreements, to corporations. The corporations then become the new authors or owners of the work.
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To qualify as joint authors:
1. Each author must intend that his or her work be merged with that of the other(s).
2. Each author must intend to be a joint author at the time of contribution.
3. Each author must contribute copyrightable subject matter.
(cited from : Childress v. Taylor )
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If I have an amazing idea for a hit song, but I cant sing or play any musical instruments, can I be considered a “joint-author” if I convey my spark of genius to you and you perform and record it?
No. Remember the third requirement to have a joint authorship? ALL contributions must be copyrightable subject matter. Ideas alone do not count!
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Hypo Can I still be a “co-owner” of that same work? |
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Definition
- Yes! It is possible that I could request part ownership of the song in a contract in order for you to actually hear my idea.
- Anyone can be a co-owner if:
- the original author transfers or assigns ownership to another by contract.
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| To avoid problems or handle alternate situations, the parties should spell out their unique understandings and arrangements in a |
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| What exactly happens if you don’t have a collaboration agreement between joint authors? |
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- As stated earlier, the “default” agreement of Tenancy in Common is provided by law
- Which means all authors contributions are treated as equal, regardless of their actual contributions
- Example: 2 joint authors = 50/50% split 4 joint authors = 25% split per author
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| What are some of the potential conflicts when 2 or more parties work as Tenants in Common? |
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If one party dies, his/her share of the work will pass to their respective beneficiaries by either will or intestate, NOT to the other partners!
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Term
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Definition
- We have to have either:
- A work that was created by an employee within the scope of employment;
- Or:
- A commissioned work that is :
- the subject of a written agreement
- that falls within a special group of categories enumerated by law.
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Definition
- An employees work is considered a work made for hire if it is made within the scope of their employment, meaning:
- It is the type of work that the employee was hired to perform
- The copyright ownership of these works are held by the hiring party instead of the employee (who is the actual author)
- This is in exchange for a salaried position for the employee
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