Ethics in information: Copyright

Julius Fleschner

Genesis of U.S Copyright

Article I, Section 8, Clause 8 of the U.S
Constitution, the Copyright Clause gives Congress the 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.

What is copyright?
Copyright is a protection provided to creators
of original works by 17 USC 106.

Provides for the exclusive rights of:

reproduction

distribution
performance

display

Copyright in action

Copyright in action

Copyright in action

Copyright in action

When does copyright start?

Copyright protections begin immediately ... once its in a fixed form exception is when the work is prepared
within the scope of employment, or the work has been specially ordered or commissioned for use.

Copyright length
Once a work is in a fixed medium,
it is automatically protected for the duration of the authors life plus 70 years.

Life + 70.

Limits to copyright
Not everything can be copyrighted works that are not fixed in a tangible form
of expression

titles, names, short phrases, slogans, etc. ideas, procedures, methods, processes,
etc.

works that contain no original authorship

Fair use
Fair use is a limitation and exception to the
exclusive rights granted under 17 USC 106.

It is not a right. You can only claim Fair

use after being sued for infringement.

Fair use
A judge will consider the following: purpose and character of use (commercial,
educational, non-profit)

nature of the copyrighted work amount used effect upon potential market value of the original
work

Copyright registration
The author can register his/her copyright with the
U.S. Copyright office. (not required for copyright)

establish a public record of copyright

file a claim of infringement

U.S. Customs will protect against infringing

imports

Current example

Current example

Lately, the Department of Homeland

Securitys Immigration Customs Enforcement (ICE) has been seizing websites accused of providing access to copyright material. [more info]

Public Domain
After copyright has expired, the work is
considered to be in the public domain.

The public owns the copyright.

Generally, works created before 1923 are in
the public domain.

Except government documents

Creative Commons

The Creative Commons is a license that works

within existing copyright law.

Essentially, it is a non-profit organization that

creates liberal copyright licenses.

Copyright questions
Can something used for an educational
purpose still violate copyright?

Can a teacher play a movie for a class? If something does not have a copyright notice,
is it still copyrighted?

What is the public domain? Where can you find copyright free books for
students?

More information
My email address: jfleschn@gmail.com
WikiCommons: http://commons.wikimedia.org

Flickr Creative Commons:

www.flickr.com/creativecommons/

Project Gutenberg: www.gutenberg.org USF Lit2Go:

http://deimos3.apple.com/WebObjects/Core.woa /Browse/usf.edu [iTunes Link]