Section XI
Copyright
Balancing of
Rights
n
Society’s interest in free flow of information
n
Individual and corporate interests in protecting intellectual and
artistic property
Copyright Laws
n
1790 law gives authors right to protect their works for 14+14 years
n
in 1800’s revised to 42 years and various material added to list of
protected works
n
1976 new law extends to 50 years after life of creator
n 1998
Congress extends to 70 years (95 if commercial work) after life of creator
What May be
Copyrighted
n
original works of authorship
News or facts are not copyrightable, but style
in which they are presented can be.
n
fixed in a tangible medium
Fair Use
n
purpose and character of use
n
nature of copyrighted work
n
amount/proportion of work used
n
effect of use on market
Criteria for
Determining Infringement
n
originality
n
access
n
copying and substantial similarity
Rights for Free
Lancers
n
all rights
n
first serial rights
n
first N. American serial rights
n
simultaneous rights
n
one-time rights
Copyright and the
Internet
n
Quality of copy
n
Amount of material
n
Ease of copying
n
Ease of distribution
n
International accessibility
Key Laws and Court
Cases
n
Sony Corp. v Universal Studios - 1984
•
Use of VCRs does not violate copyright
n
Audio Home Recording Act – 1992
•
Cannot make multiple copies
n
Digital Millenium Copyright Act – 1998
•
Cannot create anticopying devices
Digital Media and
Copyright
n
MP3 players – okay to make
n
Napster – peer-to-peer sharing violates copyright
n
DVD’s – DeCSS software not legal
Other Internet
Copyright Issues
n
Cybersquatting
n
Links and frames
n
Metatags
Digital Copyright Solution
Options
n
Technical
n
Laws and regulations
n
Economic