copyright for high school students

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Copyright basics for high school students

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Page 1: Copyright for high school students

Copyright Law

Page 2: Copyright for high school students

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”?

Page 3: Copyright for high school students

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…

Page 4: Copyright for high school students

What is a Copyright?

Page 5: Copyright for high school students

What is a Copyright?

Your exclusive right to use what you have created.

Page 6: Copyright for high school students

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.

Page 7: Copyright for high school students

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.

Page 8: Copyright for high school students

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.

Page 9: Copyright for high school students

Copyright

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

Page 10: Copyright for high school students

Automatic Copyright

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

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

Page 11: Copyright for high school students

CopyrightWhen you take a picture, that is your picture.

You automatically own the copyright to it.

Page 12: Copyright for high school students

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.

Page 13: Copyright for high school students

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.

Page 14: Copyright for high school students

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.

Page 15: Copyright for high school students

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.

Page 16: Copyright for high school students

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.

Page 17: Copyright for high school students

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.

Page 18: Copyright for high school students

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.

Page 19: Copyright for high school students

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

Page 20: Copyright for high school students

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

Page 21: Copyright for high school students

Copyright Example

Page 22: Copyright for high school students

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

Page 23: Copyright for high school students

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

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

Page 24: Copyright for high school students

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

Page 25: Copyright for high school students

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

Page 26: Copyright for high school students

What is wrong with this cartoon?

Page 27: Copyright for high school students

Why do we have copyright laws?

Page 28: Copyright for high school students

Why do we have copyright laws?

Two reasons:

1. To give creators an incentive to create

Page 29: Copyright for high school students

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

Page 30: Copyright for high school students

Why do we have copyright laws?Two reasons:

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

Page 31: Copyright for high school students

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

Page 32: Copyright for high school students

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)

Page 33: Copyright for high school students

What is a Copyright?

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

Page 34: Copyright for high school students

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

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

Page 35: Copyright for high school students

What you can copyright…

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

Page 36: Copyright for high school students

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

Page 37: Copyright for high school students

Not all things you “create” can be copyrighted:

Page 38: Copyright for high school students

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)

Page 39: Copyright for high school students

5 QUESTIONS:

Page 40: Copyright for high school students

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

Can I copyright my band’s name?

Page 41: Copyright for high school students

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.

Page 42: Copyright for high school students

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?

Page 43: Copyright for high school students

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.

Page 44: Copyright for high school students

3. Is a kindergartener'sfinger paintings

protected by copyright laws?

Page 45: Copyright for high school students

3. Is a kindergartener'sfinger paintings

protected by copyright laws?

Yes, of course.

Page 46: Copyright for high school students

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

Page 47: Copyright for high school students

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

Page 48: Copyright for high school students

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.

Page 49: Copyright for high school students

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.

Page 50: Copyright for high school students

End of 5 QUESTIONS

Page 51: Copyright for high school students

How to warn others of your copyright

Page 52: Copyright for high school students

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

Page 53: Copyright for high school students

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

Page 54: Copyright for high school students

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

Page 55: Copyright for high school students

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

Page 56: Copyright for high school students

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

Page 57: Copyright for high school students

Three important exceptions to copyright law…

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

Page 58: Copyright for high school students

Three important exceptions to copyright law…

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

Page 59: Copyright for high school students

Unlike trademarks, copyright protection does not last forever

Page 60: Copyright for high school students

Unlike trademarks, copyright protection does not last forever

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

copyright protected

Page 61: Copyright for high school students

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

Page 62: Copyright for high school students

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

Page 63: Copyright for high school students

How long does copyright protection last?

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

Public Domain

Page 64: Copyright for high school students

How long does copyright protection last?

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

After that…

Public Domain

Page 65: Copyright for high school students

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

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

Page 66: Copyright for high school students

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

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

Page 67: Copyright for high school students

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

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

Page 68: Copyright for high school students

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.

Page 69: Copyright for high school students

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

Page 70: Copyright for high school students

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

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

Page 71: Copyright for high school students

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.

Page 72: Copyright for high school students

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

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

Page 73: Copyright for high school students

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

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

Page 74: Copyright for high school students

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.

Page 75: Copyright for high school students

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

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

Page 76: Copyright for high school students

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

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

Page 77: Copyright for high school students

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.

Page 78: Copyright for high school students

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

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

Page 79: Copyright for high school students

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.

Page 80: Copyright for high school students

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?

Page 81: Copyright for high school students

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

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

Page 82: Copyright for high school students

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

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

Page 83: Copyright for high school students

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

Page 84: Copyright for high school students

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

Page 85: Copyright for high school students

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

Page 86: Copyright for high school students

Three important exceptions to copyright law…

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

Page 87: Copyright for high school students

Three important exceptions to copyright law…

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

Page 88: Copyright for high school students

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

It is free to use by anyone

(This picture is not copyrighted)

Page 89: Copyright for high school students

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

It is free to use by anyone

Page 90: Copyright for high school students

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

Page 91: Copyright for high school students

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

Anything on a .gov website is not copyrighted

www.nps.gov

Page 92: Copyright for high school students

Three important exceptions to copyright law…

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

Page 93: Copyright for high school students

Three important exceptions to copyright law…

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

Page 94: Copyright for high school students

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

Page 95: Copyright for high school students

Fair Use

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

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

Page 96: Copyright for high school students

Unfair use

Buy one…

Page 97: Copyright for high school students

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

Page 98: Copyright for high school students

Unfair useBuy one…

make your own copies Why is this unfair use?

Page 99: Copyright for high school students

Unfair useBuy one…

make your own copies Why is this unfair use?

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

Page 100: Copyright for high school students

Fair use

Buy one…

Page 101: Copyright for high school students

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

Page 102: Copyright for high school students

Why is this fair use?

Buy one…copy one page for teaching

Page 103: Copyright for high school students

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

Page 104: Copyright for high school students

Unfair use

Page 105: Copyright for high school students

Unfair use

Buy one…

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

Page 106: Copyright for high school students

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

Page 107: Copyright for high school students

Unfair use Why is this unfair use?

Page 108: Copyright for high school students

Unfair use Why is this unfair use?

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

Page 109: Copyright for high school students

People who violate copyright laws are called…

Page 110: Copyright for high school students

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

Page 111: Copyright for high school students

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

Page 112: Copyright for high school students

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

Page 113: Copyright for high school students

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

Page 114: Copyright for high school students

Parody:

A humorous imitation of something serious.

Page 115: Copyright for high school students

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

Page 116: Copyright for high school students

Parody:A humorous imitation of something serious.

Page 117: Copyright for high school students

Parody:A humorous imitation of something serious.

Let’s watch a video example of parody…

Page 118: Copyright for high school students

Parody:

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

Page 119: Copyright for high school students

Parody?

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

Page 120: Copyright for high school students

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

Page 121: Copyright for high school students

Parody?

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

Page 122: Copyright for high school students

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

Page 123: Copyright for high school students

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

Page 124: Copyright for high school students

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.

Page 125: Copyright for high school students

Parody?

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

Page 126: Copyright for high school students

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

Page 127: Copyright for high school students

Parody

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

Page 128: Copyright for high school students

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

Page 129: Copyright for high school students
Page 130: Copyright for high school students

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.

Page 131: Copyright for high school students

Three important exceptions to copyright law…

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