Com Arts 155 1st Edition Lecture 3 Outline of Last Lecture I 5 Principles of Good Composition II Effective Graphic Design III Golombisky and Hagen s 3 Building Blocks IV Design Examples V Type Terms VI Photoshop VII TV Poster Assignment VIII Helvetica Outline of Current Lecture I Copy Right and Balance II Public Domain III Fair Use Current Lecture Copy Right and Balance Balance There should be balance with copy right Artists need the protection of copyright but also need the ability to quote from other sources and build off of other existing genres There is balance between the needs of individual creators and society at large We want people to create work and for that to happen we have to incentivize that kind of creation We do it because it benefits all of us as a society Idea Written in Constitution The basis of all of our copyright laws are found in a passage of our constitution Important Ideas from Passage Promote the progress of science and useful arts It s to benefit all of us Authors and inventors get the exclusive right Copyright is a form of monopoly Limited time We want to give the creators enough control to make some money and therefore feel motivated to do more but can t own forever Ways to maintain Balance These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Limitations on the duration of copyright protection Special exemptions these include for educators librarians public broadcasting the blind and other special cases Fair Use Ideas cannot be copyrighted It s easy to come up with idea but you need to actually create the work it needs a fixed form Law of Ideas You cannot copyright an idea You can only copyright certain fixed expressions of ideas Desny v Wilder 1956 permitted use of contract theory in idea disputes in state of California An actor named Desny pitched to a director s Wilder secretary an idea for a movie Desny told the secretary that if Wilder uses his idea he wants to be compensated Two years later a movie came out that resembled Desny s pitch He couldn t sue under copyright law because he was just telling the secretary an idea over the phone however he could sue with the contract law Copyright Duration in U S Years Dramatic expansion in duration of copyright laws this throws off the balance If the whole point is to incentivize new people what good does it do to continue protection It went from limited duration of monopoly to almost perpetual monopoly Up until 1976 To copyright something you had to opt in If you did that you got a 28 year copyright After that you could apply for extension Most owners never even applied for that extension After 1976 Copyright became automatic it changed from opt in to opt out Copyright duration switched from 28 years to 75 years Late 90s Sunny Bono Copyright act tacked on more years This was added retroactively to works Public Domain Take Nothing for Granted Some movies such as King Kong are still under copyright but the magazines that cover the movies are public domain plenty of independent films are in the public domain Mediahistoryproject Project that scans in older magazines they re all in the public domain They re old but usable Pride and Prejudice Pride and Prejudice is in the public domain and there has been many great adaptations of it Fair Use Definition Circumstance in which it s ok to use copyrighted material without permission or payment Four Factors None are all important Nature of the new work Nature of the original work How much transformation Amount of material taken Effect on the market Fair Use Case 2 Live Crew Pretty Woman Campbell v Acuff Rose 1994 Interesting case because 2 Live Crew made a lot of money off of this They sampled somebody else s song and profited off of it It was ok because it was a parody They took form the source material to comment on some element or deficiency issue with it Fair use is the right to hire a lawyer Lawrence Lessig 2004 Realistically how many people want to pay the money to go to court and defend their work Sometimes people avoid it to avoid the potential hassle Center for Social Media emphasizes two questions If you can follow these practices there is less cease and desist letters Condense the 4 factors into 2 questions Did the unlicensed use transform the copyrighted material by using it for a different purpose Was the amount and nature of material taken appropriate Examples from Startup com Documentary about first internet boom Each clip from movie uses copyrighted material Use of CNN Financial They tried to make a point by using the cut it functioned as juxtaposition This is a transformative use It s a juxtaposition contrast Montage Use of magazines It s fair use because they were used to make a point and their amount of time in the film was fair The music in the montage was not fair use because it wasn t transformative Music is harder to have a strong fair use claim Guy turns up Song in Car It wasn t fair use she had to license the music Sometimes you want to use it in a way that isn t fair use Whenever possible you should Attribute where the clip came from either on screen or in credits Try to make material from a range of sources not just one source Make sure you re only using as much as necessary Common Fair Use Myths If I m not making money off it it s fair use If I AM making money off it or trying to it s NOT fair use Fair use can t be entertaining If I try to license material I ve given up my chance to claim fair use Fair Use and Music It s Tricky Music usually isn t critical to the main idea it can be tricky Alternative approaches to copyright Creative Commons Digital Millennium Copyright Act 1998 Prohibits circumvention of technological barriers to ripping and copying Limits liability of ISPs and aggregators if they comply with take down requests This keeps Youtube from being liable they just have to take it down in a timely manner