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What is the difference between copyright and patent law? *Copyright protects the works of "intellectual property" ** Patent Law protects the expression of novel ideas
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Copyright... What does it mean?
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Copyright is a type of intellectual property that protects the original works. These works are original when they are independently created by a human author.
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Freedoms:
think what you want to think
tell others what you think
gather together
ask to make changes
believe what you believe (religion)
1st Amendment:
There are five protections
ProtectionS
1. Reproduce material
2. Distribute
3. Perform publicly
4. Display works publicly
5. Create new works close to the original/ translations of the original
1. Builds upon that sharing ideas and information leads to new knowledge and innovation
4. Benefit from or for the good of the society
2. Exclusive rights for their fruits of their labor
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5. May not be intrinsic or natural
3. Duration should be limited
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What is the difference between copyright and patent law?
*Copyright protects the works of "intellectual property"
** Patent Law protects the expression of novel ideas
Fair Use in Professional Communities of Practice
**** copyrighted material in historical sequence
*** capturing copyrighted media content in the process of filming
In the past, it was difficult to get clearance rights.
This lead to a culture of fear.
** quoted copyrighted words of pop culture to illustrate a point or argument
* can be used for media criticism
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Fair Use Doctrine is the access to the information to fully participate as citizens.
For purposes such as criticism, comment, news reporting, and teaching. Teachers can create multiple copies for class use, scholarship, and research.
This allows patrons to use without permission or payment.
Ask yourself these 2 questions first...
1. Did the unlicensed work transform or reuse?
2. Was the material taken appropriately in kind and amount?
BUT, every citizen needs to respect and understand the fair use policy. It allows users to make use of copyrighted works with or without permission or payment.
Fair use allows access to the copyrighted information so that we may fully participate as citizens.
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This is a reasoning process- NOT a list of rules to follow. Consider the context and situation beforehand.
Remember this statement and you will be safe:
When the benefit to society outweighs the cost of the copyright holder-"for purposes such as criticism, comment, news reporting, teaching-multiple copies for class use, scholarship and/or research"
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Copyright Time Frame:
Copyright initially lasts 14 years, plus 14 additional years if the owner renews their registration.
The duration of the owners' rights has lengthened over the years- it is now protected for 70 years after the author's death.
A corporation has protection for 95 years from its first publication or 120 years from the year of its creation.
right to reproduce
right to make derivative works
right to distribute copies of a work
right to perform a work publicly
right to display a work publicly
for sound recordings, the right to perform the work by digital audio transmission
—17 U.S.C. § 106
As a creator, you can give your whole copyright away, or you can allow others to use some or all of these rights through licenses. The choice is yours.
The law creates eight categories of works that copyright protects.
These are:
literary works
musical works, including accompanying words
dramatic works, including accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works
—17 U.S.C. § 102
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17 U.S. Code § 106/102 - Exclusive rights in copyrighted works
There is a distinction between plagiarism and copyright. Plagiarism is the failure to give proper attribution to an original creator's work when another person uses the original creator's thoughts, words, or ideas in a secondary work. Copyright infringement is using some or all of a copyrighted work without the creator's permission.
How do you avoid them both? The simplest solution is this: Always provide citations for the source of a work and consider whether you have a right to use a work under copyright law. Both are important and one will not substitute for the other.
https://guides.library.unt.edu/SCCopyright