Post on 29-Mar-2016
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COPYRIGHTS PART 1: STAYING OUT OF TROUBLE
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CHAPTER 1
PART 1: WHAT IS A COPYRIGHT?
A copyright is a legal property right one
has in photographs, art, books, music, and
artistic work. There are six exclusive copyrights
and the most famous of which is the right to
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prevent other people from making a copy of your
work without your permission.
What Is a Copyright?
Copyrights are the six exclusive rights to keep others from
using your work without permission.
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THE SIX COPYRIGHT(S)
(1) to prevent others from making
copies;
(2) to prevent others from preparing
“derivative works” based upon the
copyrighted work;
(3) to prevent others from distributing
copies work to the public;
(4) to prevent others from performing
the work publicly;
(5) to prevent others from displaying the
work publicly; and
(6) to prevent others from performing
songs publicly by means of a digital
audio transmission.
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WHY SHOULD PEOPLE CARE ABOUT
COPYRIGHTS?
Copyrights are important because they
help to drive the economy. They help to
incentivize artist and photographers. Some of
them risk their lives to bring us images from the
war zone or document human right atrocities.
Look at the founding fathers, they wrote
copyrights into the Constitution itself. Today
Intellectual Property is the state’s second largest
export. Copyrights are a really big deal.
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Who Cares about Copyrights?
Copyrights are the second largest export!
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IF YOU WRITE A BOOK OR CREATE AN
IMAGE, DO YOU OWN IT FOREVER?
If you write a book or take a picture you
do not own it forever. You own it for your life
plus 70 years, for your eras. Corporations are a
flat 100 years.
WHAT HAPPENS WHEN PHOTOGRAPH
COPYRIGHT EXPIRES?
When copyrights expire the photograph
or the book goes into the public domain. What
that means is it’s free for everyone to use.
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WHAT IF A COPYRIGHT IS NOT IN THE
PUBLIC DOMAIN?
If a photograph or book or painting is not
in the public domain. It’s copyrighted. The
general rule is if you didn’t create it you can’t
use it. Now there are exceptions. This video for
example is going to be licensed under which is
called, Creative Commons. That means you can
copy it, you can distribute it, you can use it for
educational purposes.
You can’t use it for commercial, you got
to give attributions, and you can’t change it.
Damages for unauthorized use of copyrights can
be pretty stiff. Up to $150,000, per infringement.
So for example, unwillful infringement of ten
images equals $1.5 million dollars.
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IS THERE A WAY TO FIGURE OUT WHAT IS
IN THE PUBLIC DOMAIN?
Figuring out what’s in the public domain
is actually a tricky question. Certainly, anything
like before 1923, is generally in the public
domain, but even then you have to be careful. If I
take a modern photograph of the Mona Lisa for
example, I have a thin copyright in my picture of
that painting. You can’t use my picture; you got
to go take your own.
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Comic Book on Fair Use
Comic Book by Law Professor Aoki
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BEFORE 1923 IN THE PUBLIC DOMAIN?
Generally, anything before 1923, is going
to be in public domain. There are some new ones
to that rule. Duke University Press did a good in
a book called Bound by Law.
Bound by Law is actually a comic book.
If you Google that, you can download a free
copy.
Generally, anything before 1923, but
keep this in mind. The modern 35MM camera
was invented around 1919 that means almost all
photographs are copy righted.
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HOW DO YOU KNOW IT’S ACTUALLY
COPYRIGHTED?
The moment a work of art is created it
copyrights, that is the rule. The law wants to
protect artist, photographers, and other creative
people to make sure they get paid for their work.
These copyrights help drive the economy. These
artist and photographers help document the
world, we want these people to get paid its
important.
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ON-LINE REFERENCES
Trade Secrets Video
Seattle PI
(Book Review Bound
By Law)
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http://thetradesecretsofintellectualproperty.com/