Intellectual Property Introduction to Copyright Peter B Hirtle Director Cornell Institute for Digital Collections pbh6 cornell edu Cornell Institute for Digital Collections Lecture themes What is intellectual property Why does it exist Can one use copyrighted material What is the future of copyright DON T EXPECT DEFINITE ANSWERS IANAL Cornell Institute for Digital Who here has copyrighted something Where does copyright come from US Constitution Article 1 Section 8 Clause 8 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 Cornell Institute for Digital The Copyright Balance Advances Science and the Arts a public good By protecting a monopoly right of individuals a private benefit Who wins when the two collide Cornell Institute for Digital Further Sources for Copyright US Code Title 17 Interpretation by US Courts To date few court cases to test distribution of material on the Internet Cornell Institute for Digital How does one secure copyright protection Automatic Protection Since 1 March 1989 No requirement for notice or registration Registration is still a good idea if you want to sue Cornell Institute for Digital Who is the owner of the copyright Creator of the original work Work for hire Employers own your work Student work See http www research cornell edu CRF Policies Copyright html Assignment and transfer Cornell Institute for Digital What are the rights of the copyright owner Reproduction Distribution Derivative works Public performance and display Moral rights for art Technological protection systems Cornell Institute for Digital How long do copyrights last A long time Works created during or after 1978 Life of the author plus 70 years Work for hire 95 years from publication Works published before 1978 Generally 95 years maximum Shorter if the work was not registered renewed Works created but not published before 1978 Life of the author plus 70 years Delayed until 1 January 2003 Cornell Institute for Digital How Much at Risk Are You Costs associated with suits are high Actual statutory damages Attorney s fees Arena is international with different rules You run afoul of the JA as well Cornell Institute for Digital So How Can You Use Copyrighted Material Legal exemptions First sale Library photocopying Audio Home Recording Fair Use Cornell Institute for Digital Fair Use Judicially interpreted doctrine no guidelines Purpose Nature Amount Effect on market Examples Betamax reverse engineering Napster Cornell Institute for Digital New Emergence of quasi copyright Technological protection measures Encryption Licensing Click through shrinkwrap licenses Digital rights management Cornell Institute for Digital West Coast vs East Coast code Right to read anonymously Pay per view versus ownership Jeffersonian ideals See http www wired com wired archive 9 10 drm html Cornell Institute for Digital Other Forms of Intellectual Property Patent Trademark Privacy Publicity Trespass Cornell Institute for Digital Grant Wood American Gothic Oil on beaverboard 1930 74 3 x 62 4 cm Friends of American Art Collection All rights reserved by the Art Institute of Chicago and VAGA New York NY 1930 934 Consumer watchdogs http www chillingeffects org http www eff org http www law duke edu copyright face Cornell Institute for Digital For More Information Guidelines for the Inclusion of Copyrighted Material on Course Web Pages http www cit cornell edu computer www guidelines copyright html 10 big myths about copyright explained http www templetons com brad copymyths html The Copyright Law http www4 law cornell edu uscode 17 Cornell Institute for Digital