CMNS 230 1

Follow the Money/Copyright Handout

• Rights Transactions• Driven from agreements based on copyright

– Rights bought and sold in the following way: by national/regional or local market boundaries

– By time

– By format – EG: windowing: prime time first run series: reruns

• DVD

• Special event /ppv ( issue: video on demand downloads / time shifting)

• Syndication ( threshold: usable number of library of episodes)

• The idea is to extract he mazimum surplus

• At each stage, price paid declines

CMNS 230 2

Definition

• Literally: right to copy

• Allows authors, songwriters, photographers,painters and other creative personnel to control the copying and other uses of their expression

• Analogous to privacy law: which allows people to limit public dissemination of information about themselves

• Part of the general constellation of intellectual property law which covers:

– Trademarks

– Patents

– Copyright

• Protects the property value in the expression of information and ideas

CMNS 230 3

Key Legal Points

• Original

• Fixed

• Expression

CMNS 230 4

Terms of Copyright

• Secures rights for a limited time • Time limit life plus 50 years usually ( 70 in the US)• After that, the right expires and work goes into the public

domain• Rights accrue to the author or creator

– But, subject to ceding in work situations, so, could be “made for hire” and thus accrue to the institution or company

– Theory is that whoever assigns the task, risks the resources to carry it out, and directs the work of the creator should own it

• Usually, creator’s life plus a significant time• Must be registered with the copyright office and carry a notice

( even if not enforced)

CMNS 230 5

The Bundle of Rights

• Legal ability to control the work includes:– Right to copy or reproduce– Right to adapt – Right to distribute– Right to perform or display the work publicly– Ie… exclusive right to publish, sell ,loan or rent or generally

disseminate copies to the public– And, MORAL RIGHTS: right to protect the artistic integrity of

the work

CMNS 230 6

Countervailing Rights

• Attempts to reconcile society’s interest in encouraging freedom of expression with copyright

• Knowledge of creative achievement must be widely disseminated and discussed

• Ie… the use without consent of owner• Fair Dealing or Fair Use:

– Allows critics commentators, reviewers, scholars and others to copy limited portions for the purpose of comment and criticism

– Key: add a contribution, perspective etc.– If:

• Not for profit• Not all of it ( excerpt)• Not a reasonable cause for financial damage

CMNS 230 7

Digital Rights and P2P