Copyright..or copy wrong!?
- 1. COPYRIGHT? What’s that? “Respect Copyright, Celebrate Creativity”
- 2. Purpose To give the creator control of the use of their creations for a set period of time
- 3. 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
- 4. When does it take affect? As soon as the original work is created.
- 5. 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.
- 6. Photographs are “Pictorial Works” (INSERT YOUR FAVORITE PHOTO)
- 7. Graphic works include: Logos Advertisements Movie Posters Product Design And more!
- 8. What is not protected? ideas, procedures, or discoveries
- 9. What is not protected? ideas, procedures, or discoveries • The ingredients of the recipe are not copyrightable, but the instructions are.
- 10. What is not protected? Ideas, procedures, or discoveries Titles, 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 :)
- 11. What is not protected? Ideas, procedures, or discoveries Titles, names, short phrases, or slogans Facts, news, and research • A standard calendar is not copyrightable.
- 12. What is not protected? Ideas, procedures, or discoveries Titles, names, short phrases, or slogans Facts, news, and research Works in the public domain • Anything distributed by the U.S. Government. • Anything posted on a public domain website (like morguefile.com)
- 13. What is not protected? Ideas, procedures, or discoveries Titles, names, short phrases, or slogans Facts, news, and research Works in the public domain Works not fixed in a “tangible expression” • Unplanned speeches that are not written or recorded
- 14. 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).
- 16. 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
- 17. Fair Use Four Factors Test 1. 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?
- 18. Fair Use Four Factors Test 1. 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
- 19. Fair Use Four Factors Test 1. The purpose and character of the use 2. 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? .
- 20. Fair Use Four Factors Test 1. The purpose and character of the use 2. 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.
- 21. Fair Use Four Factors Test 1. The purpose and character of the use 2. The nature of the work 3. 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? .
- 22. Fair Use Four Factors Test 1. The purpose and character of the use 2. The nature of the work 3. 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.
- 23. Fair Use Four Factors Test 1. The purpose and character of the use 2. The nature of the work 3. The amount of the work 4. 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? .
- 24. Fair Use Four Factors Test 1. The purpose and character of the use 2. The nature of the work 3. The amount of the work 4. 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!
- 25. 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.
- 26. Good Fair Use Website: https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html
- 27. 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.
- 28. For Example This image was created by a computer graphics artist who “borrowed” images from several sources.
- 29. Here is the original art These are the two images that were infringed upon to create the Newsday cover.
- 30. Change of medium is still an infringement
- 31. Recreating a photo …
- 32. 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/
- 33. Why should anyone care? It’s stealing! Even if it’s not in the traditional sense You 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
- 35. Fair Use or Infringement? Search Engine A 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.
- 36. Fair Use or Infringement? Search Engine Fair use Important 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).)
- 37. Fair Use or Infringement? Church of Scientology Entire publications of the Church of Scientology were posted on the Internet by several individuals without Church permission.
- 38. Fair Use or Infringement? Church of Scientology Infringement 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).)
- 39. Your turn! Find a completed copyright court case (that has a verdict) that we did not discuss in class Answer 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.
- 40. Resources Purdue 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/
Editor's Notes
- #3: All creators, including photographers and illustrators are entitled to be paid if their work is used, commercially or otherwise. This encourages creativity and makes more images available for use.
- #4: Public Domain is very misunderstood-since 1978 copyright attaches upon creation. Cannot assume that any work on the internet is public domain The formality of copyright notice is no longer required under US law and never required in most foreign countries, one cannot assume that any work without notice can be used. Altering an image is an exclusive right of the copyright owner and requires permission almost all the time. Any unauthorized use is an infringement whether you profit or not
- #7: Add examples of images to enhance the program. This is just a “clip art” filler from PowerPoint
- #9: Remind the audience that other laws may protect these categories, for example, short phrases could have trademark protection.
- #10: Remind the audience that other laws may protect these categories, for example, short phrases could have trademark protection.
- #11: Remind the audience that other laws may protect these categories, for example, short phrases could have trademark protection.
- #12: Remind the audience that other laws may protect these categories, for example, short phrases could have trademark protection.
- #13: Remind the audience that other laws may protect these categories, for example, short phrases could have trademark protection.
- #14: Remind the audience that other laws may protect these categories, for example, short phrases could have trademark protection.
- #15: These rights are exclusive to the owner and permission is needed Copyright is like owning a bundle of sticks (like pick up sticks). You can give different users different rights. The same image can be used on a magazine cover, in an advertisement or incorporated in a documentary film, for example.
- #17: This is a defense to infringement and is limited in scope. If a use qualifies as fair use is decided by the courts, which balance various factors, and is decided on a case by case basis. If you are unsure if your use is “fair use”, it is safer to ask for permission
- #29: FPG v Newsday. FPG brought and action against Newsday, one of the first cases filed involving the creation of an image using computer manipulation and software. The employee combined elements from various images to create a digital work. The case was settled in an amount that included attorney’s fees.
- #30: Left: photo by James Porto; Right: photo by Joseph Viesti- These images were cropped, flopped and combined but the original artist could still recognize his work as the main elements were retained
- #31: Koons v. Art Rogers Sculpture artist Jeff Koons lost this copyright infringement case. The artiss asserted it was fair use to change a photograph into a 3 dimensional work without obtaining a license. The court disagreed finding that substantial copyrightable elements were borrowed despite the change in medium.
- #32: Photo on left used as comp to create photo on right Unauthorized copying of “copyrightable” elements even though the model was different Same pose, composition, subjects-note that even the bench is the same and the hand with white dove is in same position, shirt draped in a similar manner Ask audience-Do you think this is an infringement?
- #34: Copyright Lawsuits are expensive to defend, In addition you may ruin a client relationship if the client receives a letter from a lawyer asking it to “cease and desist” all use Advertising campaigns are expensive, and you don’t want to be embarrassed.