1. Copyright and Intellectual Property Law:
Fair Use vs. Breaking the Law/Breaking the Law

2. An example…
First, I want to show you something a little disturbing.
You can thank one of your classmates for alerting me to it
existing…

4. So…
What do we think of this Twitter account?
More importantly, from a class perspective, is it
legally okay? Is it ethical?
Please note that Dr. Phill finds this site problematic
and reprehensible, but it exists and we’re studying the
real digital world, not Dr. Phill’s ideal version of the
digital world. Dr. Phill does not condone such
activities.

5. IP Law
Do the young women being pictured here give their
consent? Can we tell? Can we assume? How might we
find out?
Does it matter?
Is the Twitter account illegal?

6. A second thing to ponder…
… is the real implications of the idea of “fair use.”
Fair use has often been the wildcard in
discussions of intellectual property. But is it really
the shield/umbrella-ella-ella-eh-eh-eh we think it
is?
(yes, I just stole from Rhianna)

8. Remember: Copyright:
Copyright is a legal concept, enacted by most governments,
giving the creator of an original work exclusive rights to it,
usually for a limited time. Generally, it is "the right to copy",
but also gives the copyright holder the right to be credited for
the work, to determine who may adapt the work to other
forms, who may perform the work, who may financially
benefit from it, and other related rights. It is a form of
intellectual property (like the patent, the trademark, and
the trade secret) applicable to any expressible form of an idea
or information that is substantive and discrete*
*from Wikipedia

10. Factor 1:
Purpose/Character
The first factor is regarding whether the use in question
helps fulfill the intention of copyright law to stimulate
creativity for the enrichment of the general public, or
whether it aims to only "supersede the objects" of the
original for reasons of personal profit. To justify the use
as fair, one must demonstrate how it either advances
knowledge or the progress of the arts through the
addition of something new. A key consideration is the
extent to which the use is interpreted as transformative,
as opposed to merely derivative. *
*from Wikipedia– via the link on the previous slide

11. Factor 2: Nature of Work
fair use analyses consider certain aspects of the work to
be relevant, such as whether it is fictional or non-fictional.
To prevent the private ownership of work that rightfully
belongs in the public domain, facts and ideas are separate
from copyright—only their particular expression or
fixation merits such protection. On the other hand, the
social usefulness of freely available information can weigh
against the appropriateness of copyright for certain
fixations.*
*again

12. Factor 3:
Amount/Substance
The third factor assesses the quantity or percentage of
the original copyrighted work that has been imported
into the new work. In general, the less that is used in
relation to the whole, ex: a few sentences of a text for a
book review, the more likely that the sample will be
considered fair use. *
*from Wikipedia– via the link on the previous slide

13. Factor 4: Effect on work’s
value
The fourth factor measures the effect that
the allegedly infringing use has had on the
copyright owner's ability to exploit his or her
original work. *
*again

14. A point to remember…
By law, we’ve just looked at what is legal
and/or illegal. But it’s important to
remember that the enforcement of IP law
isn’t generally done by police.
You have to be challenged by the copyright
owner, and often you will be given a cease
and desist first.

15. Because of this…
…and because of “fair use,” you will see that
remix culture thrives on the use of
copyrighted material. And copyrighted
material is all over the internet.
Still, it is TECHNICALLY illegal to access or
download copyrighted material. Think of it
like speeding– that’s also illegal.