copyright for high school students

Copyright Law

Copyright Unit Agenda1. What is a copyright?2. What do you have to do to get a copyright?3. What can be copyrighted?4. What cannot be copyrighted?5. How do you warn others that you intend to enforce

your copyright?6. Why would you register your copyright?7. What are the three exceptions to the copyright law?8. What is the “pubic domain”?9. What is “fair use”?10. What is “parody”?

Copyright LawBefore we begin:

There are three important exceptions to the copyright law.

We will learn about the exceptions.

First, though, we’ll learn what copyright is…

What is a Copyright?

What is a Copyright?

Your exclusive right to use what you have created.

What is a Copyright?

Your exclusive right to use what you have created.

No one else can ever use what you create without your permission.

What is a Copyright?

Your exclusive right to use what you have created.

No one else can ever use what you create without your permission.

This is your right—like the right to free speech.

What is a Copyright?

Your exclusive right to use what you have created.

No one else can ever use what you create without your permission.

This is your right—like the right to free speech.

This right is called a copyright.

Copyright

When you create something, you automatically own the copyright to your creation.

Automatic Copyright

You don’t have to do anything to have your work “copyrighted”.

The instant you create something, it is “copyrighted”.

CopyrightWhen you take a picture, that is your picture.

You automatically own the copyright to it.

CopyrightWhen you take a picture, that is your picture.

You automatically own the copyright to it.

No one can use the picture you took without your permission.

CopyrightWhen you create a poem, that is your poem.

You automatically own the copyright to it.

No one can use your poem without your permission.

CopyrightWhen you create a new cartoon character, that is your character.

You automatically own the copyright to it.

No one can use your character without your permission.

CopyrightWhen you paint a picture, that is your painting.

You automatically own the copyright to it.

No one can use your painting without your permission.

CopyrightWhen you write an essay, that is your essay.

You automatically own the copyright to it.

No one can use your essay without your permission.

CopyrightWhen you write a song, that is your song.

You automatically own the copyright to it.

No one can use your song without your permission.

CopyrightWhen you write a play, that is your play.

You automatically own the copyright to it.

No one can use your play without your permission.

Copyright

When you make a film, that is your film.

You automatically own the copyright to it.

No one can use the picture you took without your permission.

http://www.youtube.com/watch?v=sCBWQvwnUTU

Copyright

When you make a film, that is your film.

You automatically own the copyright to it.

No one can use the picture you took without your permission.

http://www.youtube.com/watch?v=sCBWQvwnUTU

Copyright Example

Copyright ExampleOn April 27, 2006 Mr. Mannie Garcia took this photograph at an event about bringing awareness to the war in Darfur.

Mr. Garcia’s photograph

Copyright ExampleMr. Shepard Fairly used Mr. Garcia’s photo to make a famous poster.

Mr. Garcia’s photograph Mr. Fairly’s poster

Copyright ExampleMr. Garcia, his

employer, and their attorney had a

discussion with Mr. Fairly’s attorney.

Mr. Garcia’s photograph Mr. Fairly’s poster

http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster

Copyright ExampleMr. Fairly agreed to pay Mr. Garcia an amount of

money that remains “confidential”.

Mr. Garcia’s photograph Mr. Fairly’s poster

http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster

What is wrong with this cartoon?

Why do we have copyright laws?

Why do we have copyright laws?

Two reasons:

1. To give creators an incentive to create

Why do we have copyright laws?

Two reasons:

1. To give creators an incentive to create

Why work so hard if someone else can copy your work,

sell the copies,and keep the money?

http://www.brianmoneypenny.com/index.php?main_page=page_3

Why do we have copyright laws?Two reasons:

1. Give creators an incentive to create2. Promote progress of art and literature

Why do we have copyright laws?Two reasons:

1. Give creators an incentive to create2. Promote progress of art and literature

Society benefits from new,

creative, and innovative art.

http://hungeree.com/?tag=sacramento-intl-airport

What is a Copyright?

Only you (or someone your give permission to) can:

1. Make copies of your work2. Distribute copies of your work3. Perform your work4. Recreate your work in a new medium

(for example, no one can make a movie based on your book without your permission)

What is a Copyright?

If you create a dance routine, Beyoncé cannot use it without your permission.

What is a Copyright?If you create a dance routine, Beyoncé cannot use it without your permission.

http://www.youtube.com/watch?v=V1LCYoH3GwQ

What you can copyright…

Things you create—called “fixed tangible works of original authorship” in copyright law.

What you can copyright…Examples:• Written works• Musical works, including any accompanying words• Dramatic works, including any accompanying

music• Pantomimes and Choreographic works• Pictures, Drawings, and Sculptures• Motion Pictures and other audiovisual works• Sound recordings• Architectural works

Not all things you “create” can be copyrighted:

You cannot copyright…• Names• Titles• Facts• Ideas• Short phrases• Blank forms

• Ingredient lists• Familiar symbols• Anything not fixed in

a tangible form (for example, a classroom speech that has not been recorded or written down)

5 QUESTIONS:

1. I want to name my rock band “Mud on Mars”.

Can I copyright my band’s name?

1. I want to name my rock band “Mud on Mars”.

Can I copyright my band’s name?

No, you cannot copyright a name.You can, though, trademark your band’s name.

2. The yearbook wants to list the titles of the top ten books read

throughout the year.Can they list the titles without

violating copyright laws?

2. The yearbook wants to list the titles of the top ten books read

throughout the year.Can they list the titles without

violating copyright laws?

Yes, titles cannot be copyrighted.Anyone can use a title without permission.

3. Is a kindergartener'sfinger paintings

protected by copyright laws?

3. Is a kindergartener'sfinger paintings

protected by copyright laws?

Yes, of course.

4. If you write an essay for your English class, who owns the copyright?

a) The school, because it was a school assignment

b) The teacher, because he/she assigned itc) Youd) Your parents, because you are a minor

4. If you write an essay for your English class, who owns the copyright?

a) The school, because it was a school assignment

b) The teacher, because he/she assigned itc) Youd) Your parents, because you are a minor

5. True or False: If you buy a painting, you also own the copyright

to the painting, and you can make and sell photographs of it.

5. True or False: If you buy a painting, you also own the copyright

to the painting, and you can make and sell photographs of it.

False.Ownership of any work of art and

ownership of the copyright of that art are separate things. The creator still

owns the copyright.

End of 5 QUESTIONS

How to warn others of your copyright

How to warn others of your copyright

Add three items to your work:1. The © symbol2. The year you made the creation3. Your name

© 2013 Mark Lushenko

You COULD register your copyright with the U.S. Copyright Office, but why should you?

You COULD register your copyright with the U.S. Copyright Office, but why should you?

• You must have a registered copyright before you can start a lawsuit against someone who is infringing on your copyright

You COULD register your copyright with the U.S. Copyright Office, but why should you?

• You must have a registered copyright before you can start a lawsuit against someone who is infringing on your copyright• The registration helps prove your copyright exists

You COULD register your copyright with the U.S. Copyright Office, but why should you?

• You must have a registered copyright before you can start a lawsuit against someone who is infringing on your copyright• The registration helps prove your copyright exists• If you register your creation within 3 months of

its creation and you win the lawsuit, the infringer will have to pay for your lawyer

Three important exceptions to copyright law…

1. Works in the “Public Domain”2. U.S. Government creations3. “Fair Use”

Three important exceptions to copyright law…

1. Works in the “Public Domain”2. U.S. Government creations3. “Fair Use”

Unlike trademarks, copyright protection does not last forever

Unlike trademarks, copyright protection does not last forever

After a time, your creation will fall from copyright protected…

copyright protected

Unlike trademarks, copyright protection does not last forever

After a time, your creation will fall from copyright protected…

into the public domain.

Public Domain

copyright protected

Unlike trademarks, copyright protection does not last forever

After a time, your creation will fall from copyright protected…

into the public domain. Then anyone can use it.

Public Domain

copyright protected

How long does copyright protection last?

In general, copyright protection lasts forthe life of the creator, plus 70 years

Public Domain

How long does copyright protection last?

In general, copyright protection lasts forthe life of the creator, plus 70 years

After that…

Public Domain

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Careful! The Tarzan of the Apes copyright has expired, but the trademark TARZAN lasts forever and is owned by Edgar Rice Burroughs, Inc.

Careful! The Tarzan, Lord of the Apes copyright has expired, but the trademark TARZAN lasts forever and is owned by Edgar Rice Burroughs, Inc.

http://www.erbzine.com/mag21/2162.html

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Careful! Not all Bibles are in the public domain. This Bible is copyrighted by the Zondervan Publishing Company. You cannot use the words in this book without permission.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Careful! The painting is in the public domain, but the photograph of the painting is owned by the person who took the photograph.

Works made before copyright laws are in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Careful! The poem “Yankee Doodle” is in the public domain, but this sheet music is owned by the person who wrote it down.

Works made before copyright laws are now in the “Public Domain”

Careful! Beethoven music is in the public domain, but…

Works made before copyright laws are now in the “Public Domain”

Careful! This recording of Beethoven music (both the audio and the video) is copyrighted by PBS.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Can you think of any examples of works that were created before 1923?

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Charles Dickens

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Jules Verne

Works made before copyright laws are now in the “Public Domain”

Generally, works made before 1923 are not copyrighted. Anyone can use them.

Jane Austen

http://www.moviegoods.com/movie_poster/pride_and_prejudice_2005.htm

Three important exceptions to copyright law…

1. Works in the “Public Domain”2. U.S. Government creations3. “Fair Use”

Three important exceptions to copyright law…

1. Works in the “Public Domain”2. U.S. Government creations3. “Fair Use”

Any creation made by the U.S. Government is NOT copyrighted

It is free to use by anyone

(This picture is not copyrighted)

Any creation made by the U.S. Government is NOT copyrighted

It is free to use by anyone

Any creation made by the U.S. Government is NOT copyrighted

Any creation made by the U.S. Government is NOT copyrighted

Anything on a .gov website is not copyrighted

www.nps.gov

Three important exceptions to copyright law…

1. Works in the “Public Domain”2. U.S. Government creations3. “Fair Use”

Three important exceptions to copyright law…

1. Works in the “Public Domain”2. U.S. Government creations3. “Fair Use”

Fair Use

You can use anyone’s creation, within reason, if you are using it for things like this:• News reporting• Criticism• Research• Teaching• Parody

Fair Use

There is a distinction between “fair use” and “unfair use”.

It’s unfair to deprive a creator of money they should receive.

Unfair use

Buy one…

Unfair use

Buy one…

make your own copies

http://blog.priddybooks.com/news/priddy-books-picks-up-five-practical-pre-school-awards/attachment/wc-workbook-lowercase-uk-cover

Unfair useBuy one…

make your own copies Why is this unfair use?

Unfair useBuy one…

make your own copies Why is this unfair use?

It’s unfair to deprive a creator of money they should receive.

Fair use

Buy one…

Fair use

Buy one…copy one page for teaching

http://frank-rogers.com/ri-detail.html

http://raisinglaura.blogspot.com/2008_07_01_archive.html

Why is this fair use?

Buy one…copy one page for teaching

Fair Use

You can use anyone’s creation, within reason, if you are using it for things like this:• News reporting• Criticism• Research• Teaching• Parody

Unfair use

Unfair use

Buy one…

http://www.fanpop.com/spots/fearless-taylor-swift-album/images/16855631/title/fearless-fanmade-album-cover-fanart

Unfair use

Buy one….mp3.mp3

.mp3.mp3.mp3.mp3.mp3

.mp3.mp3

.mp3.mp3.mp3.mp3

.mp3.mp3.mp3

email your favorites to your friends

Unfair use Why is this unfair use?

Unfair use Why is this unfair use?

It’s unfair to deprive a creator of money they should receive.

People who violate copyright laws are called…

People who violate copyright laws are called…

http://urssiva.com/2009/copyright-what-side-are-we-really/

Pirates!http://devcentral.f5.com/weblogs/david/archive/2011/06/07/business-logic-

protocol-fraud.aspx

Arghh!http://articles.cnn.com/2009-06-18/justice/minnesota.music.download.fine_1_jury-instructions-fined-sheryl-crow?_s=PM:CRIME

Fair Use

You can use anyone’s creation, within reason, if you are using it for things like this:• News reporting• Criticism• Research• Teaching• Parody

Fair Use

You can use anyone’s creation, within reason, if you are using it for things like this:• News reporting• Criticism• Research• Teaching• Parody

Parody:

A humorous imitation of something serious.

Parody:

“Scary Movie” is a parody of other

horror movies.

A humorous imitation of something serious.

http://www.dvdsreleasedates.com/poster/1982/Scary-Movie-movie-poster.html

Parody:A humorous imitation of something serious.

Parody:A humorous imitation of something serious.

Let’s watch a video example of parody…

Parody:

Edited from: http://www.youtube.com/watch?v=aF7_6p_x6nQ

Parody?

In August 1991, Demi Moore posed for the cover of Vanity Fair magazine…

http://tandlesachin21.onsugar.com/demi-moore-vanity-fair-photo-shoot-13327537

Parody?

In 1994, the movie poster for the movie Naked Gun 33 ⅓: The Final Insult came out…

http://www.benedict.com/Visual/Nakedgun/Nakedgun.aspx

Annie Leibovitz, the photographer who took Demi Moore’s picture, sued Paramount Pictures, Corp.

Leibovitz vs. Paramount Pictures, Corp.The Southern District Court of New York found that Paramount Pictures parody use of the image was fair use. The Second U.S. Circuit Court of Appeals agreed.

Parody?

In 1976 Saul Steinberg, an artist, drew a picture for the cover of the New Yorker magazine titled, “A View of the World”…

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

Parody

In 1994, the movie poster for Moscow on the Hudson came out…

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

Saul Steinberg sued

Colombia Pictures Industries, Inc.

The Southern District Court of New York found that Columbia Pictures’ use of the image was not fair use. It was not a parody; it was just copying. Columbia Pictures had to pay Saul Steinberg.

Three important exceptions to copyright law…

1. Works in the “Public Domain”2. U.S. Government creations3. “Fair Use”