Sarah K. Wiant

College Communicators AssociationWashington and Lee University

October 11th, 2013

PUBLIC DOMAIN

Materials on which the copyright has expired

Materials in which the author never claimed copyright, i.e., “dedicated to the public”

Materials produced by the Federal Government (Section 105)

2

NOTICE OF COPYRIGHTSECTION 401(B)

©, COPYRIGHT, COPR.

Year of first publication

Name of copyright holder

© 2013S. WIANT

3

COPYRIGHTS

MYTHIf a work does not contain the © symbol, it is

not protected by copyright

4

WORK FOR HIRE

5

TERM OF COPYRIGHT 1909 Act 28 years +28 years 56 years 1976 Act Section 202 life Personal Author +70 years ? Corporate Authors 95 years after date of 1t Publication

Visual Art created after 1990:Term = life of the artist section 106A(d)

TERMINATION RIGHTS

35 Years -

Recover Control

7

www.loc.gov/copyright

8

Copyright Registration &

Renewal Records

http://onlinebookslibrary.upenn.edu/cce

9

EXCLUSIVE RIGHTS OF THE COPYRIGHT OWNER

SECTION 106

• Reproduction• Distribution• Adaptation• Performance• Display

10

“The past is never dead. It’s not even past.”

Requiem for a Nun

William Faulkner

11

“The past is not dead. Actually, it is not even past. You know who said that? Faulkner and he was right…”

Midnight in Paris

Written and Directed by Woody Allen

12

FAIR USE FACTORS

Purpose of Use

Nature of Work

Amount and Substantiality

Effect on the Market

13

SECTION 110(1)

Any Copyrighted Work

Complete Work

Face to Face Instruction

14

DISTANCE EDUCATION

15Section 110(2)

WEB SITES

http://fairuse.stanford.edu/copyright_and_fair_use-overview/chapter9/index.html

http://copyright.Columbia.edu/copyright

http://www.centerforsocialmedia.org/fair-use

16

COPYRIGHT CLEARANCE CENTER

WWW.COPYRIGHT.COM

17

Concern about loss of potential revenue

Enormous creativity

New business opportunities

Explosion of expression

VIACOM v. YOUTUBE

Service provider shall not be liable by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if…

SECTION 512(C)

No actual knowledge that material is infringing

Unaware of facts from which infringing activity is apparent

Acts expeditiously to remove or disable access to material

No financial benefit

SECTION 512(C)

Expedited measures for unauthorized uses that could be considered fair

Human review of clips before take-down

Commitment to avoid take-down of transformative uses

SECTION 512TAKE DOWN

Sarah K. Wiant