Chapter 9 Intellectual Property October 27th 2014 9 5 Copyright Learning Objectives Explore the requirements for copyright protection Learn how copyright owners can license their works for use by others Understand what a copyright is Understand copyright infringement and the fair use defense Understand the Digital Millennium Copyright Act Copyright Exclusive rights of authors to their respective works to the exclusion of others o Designed to protect creativity One of the two types of IP specifically mentioned in the Copyright Clause of the U S Constitution Extends to any form of creative expression including digital forms Copyrighted Work Work must be original and fixed in a durable medium to be copyrighted o Ideas cannot be copyrighted Automatically copyrighted upon its creation o Authors do not need to send their work to the government for approval work o Not legally required to write copyright or place a symbol on the Copyright protection lasts for 70 years after the death of the author o If there is more than one author the copyright expires 70 years after the death of the last surviving author After copyright expires the work falls into the public domain License Owner of a copyright will allow members of the public to view or use a copyrighted work for free or for a fee o End User License Agreement EULA Contract between a copyright holder and user typically used in software licenses Permission from the copyright holder to violate the copyright within the terms of the license o General Public License GPL Widely used free software license o Creative Commons Nonprofit organization dedicated to the free distribution of creative content and publisher of several standard copyright licenses First Sale Doctrine under which the first owner of a piece of copyrighted work can do whatever he or she pleases with it including resell the work Licenses in the digital arena can be very restrictive if the digital media is purchased o Copyright holders may use schemes such as Digital Rights Management DRM to limit ownership rights in digital media Copyright Infringement Occurs when o Using a copyrighted work without permission or violates the terms of a copyright license o Assisting someone in violating a copyright or creating a device that assists in violating a copyright Copyright law makes a distinction between fair use and infringing use of a copyrighted work Factors Determining Fair Use Purpose and character of the use Nature of the copyrighted work Amount and substantiality of the portion used Effect of the use on the potential market for the copyrighted work Digital Millennium Copyright Act DMCA Attempt to tackle the problem of copyright infringement on the Internet Congress passed the Digital Millennium Copyright Act DMCA in 1998 o Digital Millennium Copyright Act DMCA Federal law outlawing any attempt to circumvent a copy protection device or scheme o DMCA makes it illegal to attempt to disable a copy protection device
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