Intellectual Property Rights Intellectual Property Rights and the Web: Common Mythsand the Web: Common Myths

Presentation by Jean Mistele

Intellectual Property Rights and the WebIntellectual Property Rights and the Web

DefinitionCommon MythsSummaryQuestions

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Tle (Title Slide Spider Web)

What is “Copyright”?What is “Copyright”?

The legal exclusive right of the author of a creative work to control the copying of that work.

Symbol ©

No Copyright Notice, Not CopyrightedNo Copyright Notice, Not Copyrighted

• True and False

• Prior to April 1, 1989 - True• After April 1, 1989 – False

When in doubt, don’t copy it

Copyright notice:“Copyright [dates] by [author/owner]”

If It’s Free, It’s Not a ViolationIf It’s Free, It’s Not a Violation

False

Violation if you give it awayException – US personal coping of music.If it has no commercial value, violation

considered technicalFair use determinations may depend on

money involvement

If It’s Posted … It’s in the Public DomainIf It’s Posted … It’s in the Public Domain

• False

• Exception – have a note by the author/owner saying, “I grant this to the public domain.”

• You abandon all rights when grant public domain

Consider What You Are DoingConsider What You Are Doing

Intent and Damage

Intent – why are you copying it?

Damage – will people no longer need to buy the original work?

My Posting Was Just Fair UseMy Posting Was Just Fair Use

• True and False• “Fair Use” exemption (US) 1. Commentary2. Parody3. News reporting4. Research and education about

copyrighted works without the permission of the author.

5. Facts and ideas

Defend Your Copyright Or Lose ItDefend Your Copyright Or Lose It

False

Copyright is not lost, can be explicitly given away

Names or titles not copyrighted, they are trademarked

Trademarks – are protected Symbol: ™

My Made Up Stories, Base On Another My Made Up Stories, Base On Another Work, Belong To MeWork, Belong To Me

False

Derivative works – works derived from another copyrighted work

Exception to derivative works – Fan

fiction, criticism or parody.

They Can’t Get Me, I Have My RiThey Can’t Get Me, I Have My Rightsghts

Criminal law – innocent until proven guilty, proof beyond reasonable doubt

Civil law – handles copyright violations Rules vary on type of infringementOutcome based on who presents a more

convincing argument to the jury or judge

Copyright Violation Isn’t A Copyright Violation Isn’t A Real Real CrimeCrime

False

USA commercial copyright violation (10 copies valued over $2500) is a felony

Felony conviction impacts your civil rights

No One Gets Hurt – Free AdvertizingNo One Gets Hurt – Free Advertizing

True and FalseThe owner decides if they want free

advertizing.Piracy on the net hurts everyone.

They E-Mailed Me A Copy, So I Posted ItThey E-Mailed Me A Copy, So I Posted It

False - violation

Having a copy is not having a copyright All e-mail is copyrighted Keeping private correspondence private is

a courtesy one should honor

I Can’t Ever Reproduce Anything!I Can’t Ever Reproduce Anything!

• False

• Copyright not iron clad on all items • Two main purposes of Copyright Laws1. Authors right to obtain commercial

benefit from valuable work2. Protection of the author’s general right

to control how a work is use.

Copyright and Fair UseCopyright and Fair Use

Extended to TV, CD’s and MP3 players.

Final WordsFinal Words

• Most things are copyrighted• Violation - money involved or not• May use if the poster expects it; wikipedia• Fair use allowed for some social purposes• Fan fiction - violation

Final WordsFinal Words

Civil violation moving to criminal courtsPosting e-mail technically a violation Ask permission

Copyright law recently amended by the Digital Millennium Copyright Act (DMCA)

Permission To Use the EssayPermission To Use the Essay

Brad Templeton

“Permission is granted to freely print, unmodified, up to 100 copies of the most up to date version of this document from http://www.templetons.com/brad/copymyths.html, or to copy it in off-the-net electronic form. On the net/WWW, however, you must link here rather than put up your own page. If you had not seen a notice like this on the document, you would have to assume you did not have permission to copy it. This document is still protected by you-know-what even though it has no copyright notice…”

Questions? Comments?Questions? Comments?

http://en.wikipedia.org/wiki/Spider_web