Copyright and Fair Use Unit
Directions: Respond to the post below by following the directions and answering the questions. Be sure to include your FIRST and LAST name at the top of your post.
Answers should be complete sentences with good use of grammar, spelling and punctuation.
Don't forget that you need 3 quotes and the citations at the bottom of your blog post. Please use an online citation machine to create the citation.
Define copyright and include five interesting facts such as when copyright laws were enacted, how you get something copyrighted, what can be copyrighted, etc.
Define Fair Use and include five interesting facts such as when Fair Use laws were enacted, how they are used and why Fair Use is acceptable.
Pretend that you have just invented the next big product that everyone will want. You will become a zillionaire when it hits the market. However, as soon as you start to make money, someone takes your idea, makes a few changes and offers it for a lesser price. What can you do to protect your investment and your profits?
Pretend that you are a movie producer and people are comparing you to Steven Spielberg. Your first movie comes out and it is a big hit. Movie goers are lining up to see your movie. You are going to be very, very rich. However, during the second week of release, someone pirates the movie and puts it on the internet and sells the movie as a download. Does this seem fair to you? What will this do your future earnings.
Copyright is the right to the person to be the only one to reproduce, publish, duplicate or replicate and sell a book or musical recording. Five interesting facts that must be known are that copyright begins on creation. There are no registration requirements and no need to mark it or even indicate that copyright is protected at all. Second, Copyright doesn't protect ideas or titles. According to law, copyright does not apply to an "idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, etc.” It also doesn't apply to works that are too short or items without a requisite level of creativity. Third, copyright may be instant, but registration has its benefits. To assure maximum capacity of protection register just to be sure. Fourth, copyright will outlive you! The current term for a copyrighted work is either the life of the work plus seventy years or, in the case of work for hire where the work is owned by a corporation. Fifth, fair use is not a right. Fair use is a narrow exemption to the exclusive rights of the copyright holder to balance copyright protection with free speech. Use wisely.
ReplyDeleteFair Use is a judicial doctrine that refers to a use of copyrighted material that does not infringe or violate the exclusive rights of the copyright holder. An interesting fact is that fair use is not an exception to copyright compliance so much as it is a “legal defense”. Secondly, true parody is more likely to be considered fair use because it is unlikely that the original copyright holder would create a parody of his or her own work. Third, fair use is used in schools as well, the law says “reproduction of material for classroom use where the reproduction was unexpected”, such as where an article in the morning’s paper is directly relevant to that day’s class topic. Fourth, in Europe, the Europeana Connect project has developed their own version called Public Domain Calculation tool. Fifth, history regarding Fair Use has been difficult. “In 1991 Congress amended the fair use provision in the Copyright Act to make clear that the fact that a work is unpublished weighs against fair use, but is not determinative in and of itself.”
As soon as you create a product you are protected by fair use laws and copyright, but copyright documents held by your lawyer will help tremendously when you sue the person who copied your idea. Making it public that the person ripped you off is also a good way to get profit back because people know who to give their money to and know that they will be getting the original item.
It’s not fair to loose profit due to immature behavior of pirating. Rather than telling everyone to not watch the pirated video you must file in a complaint to the police. There are cyber police that will attempt to find the code and take it off of the internet permanently, however, sadly if they cannot locate the source code the money is lost. Other ways to get money back in that situation would to be bribing techniques such as “if you buy the DVD it will come with a free online prize or go to charity to save the dolphins”. But pirating is a big problem in the movie industry right now, we can only hope it gets better or that they will find an alternative.
Citations:
Bailey, Jonathan. "The 7 Most Important Facts About Copyright You Need to Know." Freelance Writing Jobs A Freelance Writing Community and Freelance Writing Jobs Resource. Freelance Writing Jobs, 24 Sept. 2010. Web. 3 Apr. 2015. .
"Fair Use in the United States." Fair Use in the United States. Copyright Clearance Center. Web. 6 Apr. 2015. .
Stim, Richard. "The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable | Nolo.com." Nolo.com. Nolo, 1 Jan. 2014. Web. 8 Apr. 2015. .
Copyright is the idea that the creator of either a document, painting, article etc., has the right to reproduce that document as he or she sees fit. The purpose of this is to protect the author, and to ensure that they remain in control of their work.
ReplyDeleteHornick, John F. "Copyright Law for Business People: A Handy Guide." Finnegan. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, 1 Jan. 2015. Web. 30 Apr. 2015.
There are laws for others to use copyrighted work, under the fair use rule of copyright, a person may use copyrighted material work without asking permission. This is because the general public allowed access to copyrighted materials based on the idea that they have the right of commentary and criticism. They must however site the copyrighted material, to give credit to the author.
Stim, Richard. "The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable | Nolo.com." Nolo.com. Nolo, 1 Jan. 2014. Web. 30 Apr. 2015. .
There are ways to tell if you are buying a product that is infringing on copyright laws. Look closely at the packaging, see if there are misspelled words, bury images, and second rate packaging. If it doesn’t look genuine then it more than likely isn’t. Call the authorities imminently if you feel that you might have bought a product that is infringing on copyright laws.
Hunt, Dianna. "Suspect Set to Plead Guilty in Movie and Music Privacy Case." Terrant & Texas 13 Feb. 2012. 30 Apr. 2015 Print.
Jonathan Saeger Kristian Cabral
ReplyDeleteCopy Right – Is the legal right created by a country that grants the creator of some sort of media or creation exclusive rights to that such creation.
Interesting Facts
• The first law passed about copy right was the Licensing of the Press Act 1662 by the British Parliament. This law was enacted because of the concern of authorship when the printing press was created.
• In order to get copyrighted one must illegally take something and pass it off as their own.
• Many things can be copyrighted including books, music, and art.
• You own the copyright from the second you create the work, press the shutter, and click the record button, until and unless you assign any of your rights to someone else.
• Exceptions to copyright protection include newspapers using copyrighted materials without permission for reporting and teachers who make multiple copies of copyrighted materials for classroom distribution.
Fair Use – Is the limitation and exception to the exclusive right granted by the copyright law to the author of a creative work that uses the doctrine to which permits limited use of copyrighted material.
Interesting Facts
• The supreme court of the United States describes fair use as an affirmative defense to use media it is in defined in the case Campbell v. Acuff-Rose Music, Inc.
• One example of fair use would be using it for a parody.
• Another allowed example of fair use would be creating a summary of an article which includes citations and quotations.
• Many cooperation’s offer guidelines that let people use their media.
• Another example of fair use would be reviewing a media.
Protecting your investments and profits – If someone took my idea and used, I would own my own product due to copyright. Copyright allows my product to be under protection since the legal right will give the originator ownership.
Responding to Pirated Movies – Having someone pirate my movie is unfair for me and the people who helped me create the movie. Having the movie pirated and sold illegally is terrible for the whole studio production crew.
How will this affect your earnings – My future earnings will decrease because of the pirated movie and people will just download it off the internet.
-Citations
"Fair Use in the United States." Fair Use in the United States. N.p., n.d. Web. 04 May 2015.
"Copyright." Wikipedia. Wikimedia Foundation, n.d. Web. 04 May 2015.
"Fair Use." Wikipedia. Wikimedia Foundation, n.d. Web. 04 May 2015.
Copy Right- legal right created by the law of a country that grants the creator of an original work exclusive rights to its use and distribution
ReplyDelete• Copy came about with the invention of the printing press and wider literacy.
• As soon as you create something it is protected.
• The laws were late to be enforced in German states.
• Things need to pass a minimal standards of originality to qualify for copyright.
• There is a copy right symbol, ©.
Fair Use- a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work
• There are four factors to remember for fair use.
• Sources differ on whether fair use is fully recognized by countries other than the United States.
• Producers or creators of parodies of a copyrighted work have been sued for infringement.
• Things such as text mining, web mining, and data mining are protected by fair use.
• Copyright law provides an economic benefit to many high-tech businesses such as search engines and software developers.
I would have a patent on my idea and I would sue the person because they stole my idea. Then they will not be able to sell anything again because no one will want to work with them because he has no money because I took it all.
No, because I made the movie and people need to pay to see it because I want more money. I would take that person to court and sue them then they will go to jail because I want them to.
"Copyright." Wikipedia. Wikimedia Foundation, n.d. Web. 06 May 2015.
Delete"Fair Use." Wikipedia. Wikimedia Foundation, n.d. Web. 06 May 2015.
Megan Yao
ReplyDeleteFrom my research on copyright laws, I learned that copyright is "a law that gives you ownership over the things you create" which is important if you plan on selling the things you make. When wanting to reuse material, someone should not do so until they ask permission or make sure it's in a public domain. Copyright is like "owning a car, a house or a pen" and is yours to decide what you want to do with it. As an owner, you have "the right to reproduce the work, to distribute copies, to perform the work, and to display the work publicly" until 70 years after your death. In the music industry, music "has cost the nation more than 70,000 jobs" and "more than $2 billion in lost wages" from others posting music to public places without permission. Fair use is an exception from the right granted by a copyright law and allows limited usage without asking for permission. Fair use is acceptable because it is not an exact copy of the original work and is used for things such as reporting news, teaching, or research. If I were to invent a product that had the idea taken and resold, I would personally talk through with the source of the problem and have them take it down. On the other hand, if I had a movie be pirated by someone else and spread online, I would take it to court and make sure it wouldn't happen again since it would not be fair to me and it would take away my future earnings because people would most likely download it online than paying for the movie.
Hunt, Dianna. "Piracy." Star Telegram, 1B sec. Print.
"Copyright101." BYU. BYU. Web. 8 April. 2015.
"What Is Copyright?" Copyright Kids! Copyright Society of the USA, 1 Jan. 2007. Web.
Mallory Dyson
ReplyDeleteCopyright is the exclusive rights make copies, license, and use a literary, musical, or artistic work. However, it is possible for multiple creators to hold copyright over a work. Copyright deals in tangible works. Something that has not been created in a tangible format cannot be copyrighted. In other words, an idea cannot be copywriter, it is only once the work is created or written down that the work can be copyrighted. A copyright lasts for 70 years after the creator of the work dies. The American copyright laws were created in 1787 as a clause of the constitution. However, several states passed their own copyright laws prior to this.
Fair use is the legal defense for copyright violation. This concept was incorporated into the Copyright Act of 1976. Fair use depends on purpose, nature, amount used, and the effect of the use on the potential market. The four factor were added after the Folsom v. Marsh court case. Fair use is considered an affirmative defense.
As soon as my product idea was in tangible format, it was protected by copyright laws. If my copyright was infringed upon I can seek legal retribution within the civil courts.
This is unfair. The movie was produced by you. It probably cost a lot of money. It most certainly cost a lot of time and effort. The people who pirate the movie are effectively steeling from you. This greatly effects your profits because, it may have a significant impact on box office sales, and will probably have an even greater impact on DVD sales.
Hurwitz, Rhonda. "Copyright for Website Content – A Web Developer's Guide." Copyright for Website Content – A Web Developer's Guide. ICopyright, Inc., 17 July 2013. Web. 12 May 2015.
"Websites: Five Ways to Stay Out of Trouble." Stanford Copyright and Fair Use Center Websites Five Ways to Stay Out of Trouble Comments. The Board of Trustees of the Leland Stanford Junior University. 1 Apr. 2013. Web. 12 May 2015.
"Welcome To The FACE Kids Site." Welcome To The FACE Kids Site. The Copyright Society of the U.S.A. Web. 12 May 2015.
Hunt, Dianna. "Suspect Set to Plead Guilty in Movie and Music Privacy Case." Terrant & Texas 13 Feb. 2012. 30 Apr. 2015 Print.