COPYRIGHT IN THE VIRTUAL ENVIRONMENT

Ellen BroadExecutive OfficerCopyright Law and Policy AdviserAustralian Libraries Copyright CommitteeAustralian Digital Alliance

t: 02 6262 1273w: digital.org.aue: ebroad@nla.gov.au

This slide show is licensed under a Creative Commons Attribution Licence

PART 1: UNDERSTANDING

COPYRIGHT

Confusing by Guudmorning ! http://www.flickr.com/photos/kristiand/3223044657/

Copyright law in Australia gives copyright holders exclusive rights to do certain things with their material.

But it is recognised that...

Copyright law must strike a balance between providing an incentive to create works and allowing users (and other creators) reasonable access to copyright

material.

Requirements for copyright protection:

Can only be form of expression of information

Expression must be in material form

The work must have an author

The work must be original

originality of expressionnot underlying idea

Drugged shopping list, by way opening http://www.flickr.com/photos/book_slut/1333441368/

What is protected?

•Literary works•Musical works, including accompanying lyrics•Dramatic works, including accompanying music•Artistic works•Animations, software•Choreographic works•Films•Sound recordings•Published editions•Broadcastings

Types of literary and artistic works in collecting institutions: Books

ManuscriptsPoetry

Periodicals and JournalsDissertations and theses

ReportsSpeeches

PhotographsPamphlets/brochures

TextbooksReference works

CataloguesPaintings, cartoons, sketches

DirectoriesGames

Websites and online worksE-mail messages

Musical works

Original compositions and new arrangements of original compositions

Copyright holder is the author of the work

BUT copyright in a musical work is distinguished from copyright in the sound recording of that work.

The creator of the original musical work has the right to authorise or make the first recording of that work.

Is silence capable of being copyright?Ave Maria – Free Sheet Music for Piano by Cantorion.org http://www.flickr.com/photos/cantorion/5104621221/

Subject matter other than works:

FilmsCommercialsDocumentariesRaw footageTV programsHome movies

One motion picture may have layers of copyright, in the:ScoreMusicLyricsScriptScreenplayFilm recording

Sound recordings

Recordings in any format

Copyright holder is the maker of the sound recording – i.e. the record company and performer – distinguish from copyright in musical work

If a live performance, each performer is also considered a maker of the sound recording.

What rights are protected?

•Reproduction - copying of a work in any format•Publication – right to make the work public for the first time•Public performance and communication – including electronic communications •Adaptation – i.e. translations

Moral rights

Relatively new – introduced in 2000Not a ‘copyright right’Inalienable rights which cannot be assigned

Include:AttributionPrevention of false attributionEnsuring integrity of authorship – right to object to mutilation, distortion, any act prejudicial to author’s honour or reputation

Who is the owner of copyright?Generally the “author” of the work – the person who translates the idea into a material form.

In sound recordings, the “maker” of the work – can be performers and record producers

Films – generally producer of the film; but only in moving image and sound – layers of copyright

Published editions – copyright owned by the publisher ...don’t forget moral rights!

Newspaper clippings table by carmichaellilibrary http://www.flickr.com/photos/carmichaellibrary/3820957471/

Movie Poster, by DidbyGraham http://www.flickr.com/photos/didbygraham/3592696631/

Example 1 – a movie poster donated to the collecting society

1. Is this a ‘work’ capable of copyright protection?

2. Who is the ‘author’ likely to be?

3. Do I need permission to use this work?

EXERCISE – IDENTIFYING COPYRIGHT WORKS AND OWNERS OF COPYRIGHT

Duration of copyright

If a work is published during the life of the author – generally 70 years after end of year of author’s death (literary, dramatic, musical, artistic works)

Film and sound recordings – generally, 70 years from end of year of first publication – remember there may be a number of underlying works in one film or CD! Television and sound broadcast – 50 years from end of year in which broadcast madePhotographs – generally, 70 years after the end of the year of author’s death

Crown copyright? ...unpublished works?

Unpublished works

If material was never published, copyright would not expire

‘publish’ – make available to public as a whole

Works unpublished at the date of the author’s death, or which do not have a known author from which to calculate the date of death (orphan works) – copyright term begins from date of first publication after death

Infringement of copyright

Generally, copyright is infringed if the work, or a “substantial part” of the work, is used without permission in one of the ways exclusively reserved by the copyright owner.

Copyright can also be infringed where there is:

AuthorisationImportation Commercial dealings with pirate materialAllowing the use of a venue for infringing performance/screening

Celebrity Shorts 1 Screening 12 by Canadian Film Centre http://www.flickr.com/photos/cfccreates/5804695110/

Circumvention of Technological Protection Measures (TPMs)

Digital ‘locks’ preventing people from using works in certain ways and/or accessing copyright works.

Exceptions allowing the circumvention of TPMs:

Where the copyright owner permits itRegion coding (DVDs, games)Interoperability with computer programsMaking of preservation copiesProviding works to users and other libraries under section 49 and 50

Video: Copyright – Forever Less One Day by CGPGrey

http://www.youtube.com/watch?feature=player_embedded&v=tk862BbjWx4#!