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Copyrights For Non Lawyers
- 1. Annemarie Bridy Associate Professor University of idaho college of law April 6, 2010 Presentation for Palouse patchers Copyrights for Non-Lawyers
- 2. Presentation Outline Very brief introduction to copyright law Question & answer
- 3. What are the origins of copyright law? Old World The Statute of Anne (England, 1710) Authors of books granted a monopoly over their works “for the encouragement of learning” Term: 14 years, renewable for another 14
- 4. What are the origins of copyright law? New World United States Constitution (Article 1, Section 8) “The Congress shall have Power… To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The Copyright Act First enacted in 1790 Last major revision in 1976
- 5. The Evolution of U.S. Copyright Law The Copyright Act of 1790 Granted authors protection for books, maps, and charts Term: 14 years, renewable for another 14 The Copyright Act of 1976 Granted protection for all “works of authorship,” as long as they are “fixed in a tangible medium of expression” Term: Life of the author + 50 years; 75 years for pseudonymous or anonymous works and works made for hire Fair use doctrine codified The Copyright Term Extension Act of 1998 Term: Life of author + 70 years; 95 years for works made for hire Created a 20-year moratorium on works passing into the public domain!
- 6. The Evolution of U.S. Copyright Law The trend? Protection of more and more types of works for longer and longer periods of time The benefit? More protection may provide better incentives for creators to produce new work and add to the store of knowledge The cost? More protection makes it harder for second-comers to use existing works to produce new works The public domain grows only very slowly, so fewer works can be used freely over time
- 7. Copyrighted Works v. The Public Domain
- 8. What can be protected? “Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device…. ” 17 U.S.C. § 102(a)
- 9. Examples of Protected Works literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works.
- 10. What does copyright exclude? Facts are not protected, although compilations of facts may be. Ideas are not protected, although the individual expression of ideas is. Works in the publicdomain (e.g., whose copyright has expired) are not protected.
- 12. What is fair use? Difficult to know for certain if a given use is fair Determination is made on a case-by-case basis, and every case has unique facts Courts consider 4 factors is assessing fair use: Purpose and character of the use Nature of the copyrighted work Amount and substantiality of the borrowing Effect of the borrowing on the market for the copyrighted work
- 14. A Recent Case… A.P. Photographer Mannie Garcia Graphic Artist ShepardFairey
- 15. Another recent case… United States Post Office Commemorative Stamp Korean War Memorial by Frank Chalfont Gaylord
Notas del editor
- I’d like to begin tonight with a very brief introduction to copyright law and follow with a question and answer period.
- It makes sense to begin at the beginning, with the origins of copyright law, which are in England in 1710 with the Statute of Anne. (Happy 300th Birthday to the Statute of Anne!) In the statute of Anne, authors of books were granted a monopoly over their works in order to “encourage learning.” I’ll note that the scope of the monopoly was narrow – it covered only books – and the term of the monopoly was very limited – it couldn’t exceed 28 years.
- Copyright law made its entrance into the New World with the U.S. Constitution, which provides at Article 1, Section 8 that “[t]he Congress shall have Power… To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”When most people think of Constitutional rights, they don’t think of copyrights. But the law of copyright actually does have an explicit constitutional foundation. The first Copyright statute in the United States was the Copyright Act of 1790. The original Act of 1790 has been revised and amended lots of times over the years, with the last major revision occurring in 1976.
- Taking a brief look at the evolution of domestic copyright law…The Act of 1790 granted protection that was broader in scope than protection under the Statute of Anne. The 1790 act protected maps and charts as well as books. The term of copyright was the same under the 1790 Act as it was under the Statute of Anne.Fast forward to 1976 (with lots of amendments and modifications in between), the 1976 Act is much broader in its scope. It granted protection to all “original works of authorship” regardless of the particular medium in which they were embodied. The term of copyright under the 1976 act is also dramatically increased – from a maximum of 28 years to the lifetime of the author plus 50 years. Under the Copyright Term Extension Act of 1998, the term was increased again to allow an additional 20 years of protection for all works. The effect of this extension was to create a 20-year moratorium on works passing into the public domain.
- As we look at the evolution of copyright law, we see a clear trend toward the protection of more and more types of works for longer and longer periods of time.This dramatic expansion in copyright has the potential benefit of providing better incentives for authors and other artists to create new works.But it has some costs as well: Expanded protection makes it harder for second-comers to use existing works as “fodder” for new works. Expanded protection also leads to a slower-growing public domain and higher information costs for society in general.
- This is to say that the relationship between the length and scope of copyright protection and the size of the public domain is an inverse one. The narrower the scope of copyright and the shorter the duration, the larger the size of the public domain. The converse is also true, the broader the scope of copyright and the longer the duration, the smaller the size of the public domain.
- So what exactly does copyright protect? “Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device…. ”
- What are some examples of the types of works that fall under the statute?literary works;musical works, including any accompanying words;dramatic works, including any accompanying music;pantomimes and choreographic works;pictorial, graphic, and sculptural works;motion pictures and other audiovisual works;sound recordings; andarchitectural works.
- It’s also important to be aware of what copyright excludes: Facts are not protected, although compilations of facts may be.Ideas are not protected, although the individual expression of ideas is.Works in the publicdomain (e.g., whose copyright has expired) are not protected.
- What exclusive rights does a copyright owner have?Obviously, the right to make copies of the protected work. But there are other rights as well: Prepare derivative works (i.e., make adaptations) Distribute the work Perform the work publicly Display the work publiclyThese rights are limited by certain exemptions and by the doctrine of fair use, of which most of you have probably heard.
- What is fair use?Fair use is founded on the principle that certain unauthorized uses of copyrighted works should be permitted or excusedUses considered fair include those made for the following purposes: Criticism Comment News reporting Teaching (including multiple copies for classroom use), scholarship, or research
- Fair use is sort of a tricky concept. It’s tremendously important to copyright law, but it’s very difficult to pin down in practice. The only way to know for sure if a use is fair is to get sued and have the court or the jury decide that it’s fair.A determination of whether a particular use is fair is made on a case-by-case basis, and every case has unique facts.Courts consider 4 factors is assessing fair use:Purpose and character of the useNature of the copyrighted workAmount and substantiality of the borrowingEffect of the borrowing on the market for the copyrighted work
- To be a little more fine-grained about what these factors mean…