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Copyright Presentation

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by

Justin McCabe

on 10 November 2015

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Transcript of Copyright Presentation

Copyright Basics
17 U.S.C. § 102 (a): …original works of authorship fixed in any tangible medium of expression….from which they can be perceived, reproduced, or otherwise communicated
Rights and Issues
Copyright in the New Millenium
Questions?



Justin McCabe
jmccabe@dunkielsaunders.com
@justinip
802-860-1003 x126
Thank You!
What's Covered By Copyright?
Dramatic Works
Pictures, Graphics, Sculptures
Motion Pictures
Literary Works
Sound Recordings
Musical Works
Pantomimes
Architecture
What Rights Do You Have?
The Rights Bundle
With Rights, Come Issues
Questions regarding ownership
Conflicts around licensing arrangements
Fees/royalties
Monitoring
Infringement
Defenses
Derivative works
Fair Use
Fair use for:
Criticism
Comment
News Reporting
Teaching
Scholarship
Research
First Sale Doctrine
After sale of copyrighted article -
All control over that article is lost
Applies even if sole purpose of buyer is to resell and make a profit
Benefits of Registration
Presumptive validity of copyright after 5 years
Have to register to sue
Timely registration may allow for:
Attorney's fees
Statutory damages
Create copies
Distribute
Perform
Publicly display
Reproduce, Distribute, and Perform
Example - you produce a literary work.
Derivative works are:
Movies
Songs
Screenplays
Books in the series
Make Derivatives
Right to:
Sell
Assign
Bequeath
Lease
Lend
Rent
Transfer of Ownership
Stop infringing activity
Restrict types of reproductions
Control derivative works
Preventing Use
Factors:
Purpose and character
Nature of work
Amount/substantiality
Effect on market
Independent creation
Modicum of creativity
Fixation
Tangible (not-transitory)
Able to be dispersed
Registration (optional)
How Is Copyright Secured?
Examples
The day that classes start, a professor asks that newspaper photographs of the Kent
State shooting in 1969 be scanned from a microfilm copy of the newspaper and put up on the
web for her U.S. History class. Only students in the class have access to the web site and the
professor has not taught the class before.
Example 1
Example 2: Citizen King
Example 3: Salinger v. Colting
More publishing opportunities
Increased reproduction/distribution/sale possibilities
New formats, new technologies = new copyrightable subject matter
Innovations related to copyright
Digital Opportunities
Digital Challenges
© 2013 Justin McCabe. All Rights Reserved.
Digital imprinting
Registration
DCMA take-downs
Protective Actions
© 2013 Dunkiel Saunders Elliott Raubvogel & Hand PLLC. All Rights Reserved.
Copyright Policy
Historically
Works of authorship were freely copied
U.S. was a "net importer" of materials - had little incentive to protect foreigners
Full transcript