Session 14 CRT - Copyright Copyright C507 Scientific Writing Session 13 Why Have a Copyright Law Why Our Founding Fathers recognized that everyone

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Unformatted text preview: Copyright Copyright C507 Scientific Writing Session 13 Why Have a Copyright Law? Why Our Founding Fathers recognized that everyone Our would benefit if creative people were encouraged to create new intellectual and artistic works. artistic The US Constitution, written in 1789, include a The Copyright Clause (Article 1, Section 8) Copyright The Congress shall have the Power…to promote the The Progress of Science and useful Arts, by securing for limited times to Authors… the exclusive Rights to their… writings” their… What is Copyright? What Copyright is a legal device that provides Copyright the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used the The Copyright Act of 1976 The This is the federal law providing for This copyright protection copyright It grants authors a bundle of intangible, It exclusive rights over their work exclusive The Copyright Act of 1976 The These rights include: Reproduction right- the right to make copies of a Reproduction protected work protected Distribution right- the right to sell of otherwise Distribution distribute copies to the public distribute Right to create adaptations (“derivative works”)- the Right right to prepare new works based on the protected work work Performance and display rights- the right to perform a Performance protected work or display a work in public protected Copyright Copyright An author’s copyright rights may be An exercised only by the author- or by a person or entity to whom the author has transferred all or part of her rights transferred If someone wrongfully uses the material If covered by the copyright, the copyright owner can sue and obtain compensation for any losses suffered for Copyright Copyright In a sense, copyright is a type of propertyIn it belongs to the owner (usually the author) and the courts can be asked to intervene if anyone uses it without permission anyone And, like other forms of property, a And, copyright may be sold by the owner or otherwise exploited for economic benefit otherwise How is Copyright Created and Protected? Protected? A copyright automatically comes into copyright existence the moment an author fixes his or her words in some tangible form- for example, the moment a book or article is typed, handwritten or dictated typed, No further action need be taken… but… You should place a valid copyright notice You on the work and register it with the USCO on How is Copyright Created and Protected? Protected? Notice In the past, all published works had to contain In a copyright notice, © followed by the publication date and owner’s name, to be protected. This is no longer true. Still, it is a good idea to This include a notice on all published works so potential copiers will know the claim to ownership ownership How is Copyright Created and Protected? Protected? Registration Prompt registration in the OSCO makes your Prompt copyright a matter of public record and provides a number of advantages if it needs to be enforced be To register a work, you must fill out a To registration form and deposit copies of your work with the USCO. This will cost $35. work What Copyright Protects What Copyright protects an author’s words if Copyright and to the extent they are original- that is, not copied from other author’s works not Thus, copyright extends only to material Thus, authors write themselves authors What Copyright Protects What There is no reason to protect works whose There creation is a purely mechanical or clerical act act Protecting works such as a phone book or Protecting certain blank forms would not help develop the arts and sciences the An author must employ a minimal amount of An creativity in creating the work creativity What Copyright Protects What A work need not be entirely new to be work protectible protectible Copyright protects new material an author Copyright adds to a previously existing work adds Copyright protects “derivative works.” These Copyright are works created by adapting or transforming previously written material into a new work of authorship, ie, a screenplay based on a novel or an English translation of a foreign work or What Copyright Protects What Copyright can also protect “compilations.” These are works in which preexisting These materials are selected, coordinated and arranged so that a new work of authorship is created, ie, an anthology created, Limitations on Copyright Limitations We’ve seen that the purpose of copyright We’ve is to encourage intellectual and artistic creation creation Paradoxically, giving authors too much Paradoxically, copyright protection could inhibit rather than enhance creative growth than To avoid this, some important limitations To on copyright protection have been developed developed Limitations on Copyright Limitations Ideas and facts are not protected Copyright only protects the words with which Copyright an author expressed facts and ideas; it does not protect the facts or ideas themselves. Facts and ideas are free for all to use Facts You can see that works where the particular You words used by the author are important enjoy the most protection, ie. novels, poems, plays the Limitations on Copyright Limitations Fair use To foster the advancement of the arts and To sciences, there must be a free flow of information and ideas. If no one could quote from a protected work If without the author’s permission (which could be withheld or given only upon payment of a fee), the free flow of ideas would be stopped dead dead Limitations on Copyright Limitations Fair use To avoid this, a special “fair use” exception to To author’s copyright was created author’s Once can quote from a protected work for Once purposes such as teaching, criticism, reporting or research so long as the value of the copyrighted work is not diminished the Limitations on Copyright Limitations Works in the public domain Any work not protected by copyright is said to be in Any the public domain the This may include works where copyright was lost, has This expired or is owned by the federal government expired This means the work belongs to public as a whole This and anyone can use the work as he or she wishes and Everything published 75 years ago or more is now in Everything the public domain the Copyright Ownership and Transfer of Ownership of The copyright in a protectible work is The initially owned by the work’s author, but a person need not actually create the work to be its author for copyright purposes to A protectible work written by an employee protectible as part of his or her job is initially owned by the employer (who is considered the author) author) This is called a “work for hire” Copyright Ownership and Transfer of Ownership of Like other property, copyright can be Like bought and sold bought This happens all the time when authors This work with publishers to publish their work, rather than self-publish rather You transfer copyright to any journal you You submit to. Why? submit How Long A Copyright Lasts How If created after 1977, last for the life of an If author plus 50 years author If created by an employee for an If employer, it last 75 years from date of publication or 100 years from date of creation, whichever comes first creation, If created and published before 1978, lasts If for 75 years from the date of publication for Copyright Infringement Copyright Infringement occurs when a person other Infringement than the copyright owner exploits one or more of the owner’s exclusive rights without permission without This is also called copyright piracy Copyright Infringement Copyright The legal remedy for infringement is to sue The in federal court in If you win, you can stop infringement, If destroy copies, obtain damages and recover any losses recover Other Protections for Intellectual Property Property Trademarks Patents Trade Secrets Contract Protection for Ideas Copyright Registration Copyright This is a legal formality by which a This copyright holder makes a public record in the USCO in Washington, DC of some of the basic information about a copyrighted work, such as title, who wrote it and when and who owns the copyright and Copyright Registration Copyright To register, you need to fill out an To application form (Form TX), pay an application fee ($35) and send this with 2 copies of the work copies Remember, this is registration, not the Remember, creation of copyright; that occurred at the creation moment you put your words down moment Copyright Registration Copyright Registration is a prerequisite for any Registration infringement suit infringement Do not wait; if you do, and you face a suit Do down the road, it will cost an additional $200 to have an “expedited registration” $200 And if you are timely in registration and And sue, you can automatically be awarded damages of up to $100,000 plus costs if you are successful you Timely Registration Timely Within 3 months of the first publication, or Before the date the copyright infringement Before occurred occurred “Published” means when copies are made Published” available to the public on an unrestricted basis basis What Can and Should be Copyrighted Copyrighted Any work containing material that is Any protected by copyright may be registered protected Published works- any published work of value Published should be registered within 3 months of publication publication Unpublished works- consider who may see it Unpublished and how likely they are to copy it and Transfer of Copyright Transfer This is done when, for example, you This submit a paper to JMPT submit This is called an “Assignment” of This copyright- this means a transfer of all the exclusive rights that make up that copyright copyright Transfer of Copyright Transfer “Exclusive license” is when a transfer is on an Exclusive exclusive basis of one or more, but less than all, of a copyright owner’s exclusive rights of “Nonexclusive license” is when you give the right Nonexclusive to someone one or more of a copyright owner’s rights on a nonexclusive basis- so you can give those same rights to as many others as you wish. This does not transfer copyright ownership wish. Using Other Author’s Words Using This deals with those occasions where we This need to use the words that others have written written Under what terms can we do so? Using Other Author’s Words Using Three-step analysis to determine if Three-step permission is required: permission 1. Are you taking another author’s 1. expression? expression? • This refers to the sequence of words 2. Is the author’s expression protected by 2. copyright copyright 3. Does your intended use of the protected 3. expression go beyond the bounds of fair use? expression Fair Use Fair Fair use allows us to use another author’s Fair work without asking permission in certain limited situations limited Fair Use Rules Fair Rule 1: Competing uses are not fair uses You cannot use the work in a way to impair You the market for that work the Rule 2: Attribution does not make a use Rule fair, but should always be provided fair, Simply citing the work is not sufficient Rule 3: The more you take, the less fair Rule your use is likely to be your Consider quality as well as quantity Uses That Are Generally Fair Uses Uses Criticism and comment News reporting Research and scholarship Non-profit education uses Photocopying Photocopying This is generally not fair use Teachers may photocopy for classroom Teachers use when use The material to be copied is brief The copying is done spontaneously The “cumulative effect” test is met • • One copy for one course only No more than 9 such episodes per term Each copy contains a copyright notice ...
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This note was uploaded on 01/03/2012 for the course CLIN 51507 taught by Professor Long during the Fall '11 term at Palmer Chiropractic.

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