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Richard Kelly, photographer & educator
2015• f/295 symposium • Pittsburgh
A Primer for Photographers & Image-Makers
Copyright in the Digital Age:
Copyright in the Digital Age:
start the conversation
Copyright in the Digital Age:
@richardkellyphofacebook.com/richard.kelly
Copyright in the Digital Age:
Copyright in the Digital Age:
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Copyright in the Digital Age:
©
M y t h s
M i s c o n c e p t i o n s
F e a r s
Copyright in the Digital Age:
*
Copyright in the Digital Age:
©opyright = Art
artist perceptions
Copyright in the Digital Age:
Art = Emotion (: ~)
artist realities
Copyright in the Digital Age:
Emotion (: ~( ≠ ©opyright
artist conflicts
Copyright in the Digital Age:
i
Advocacy
Awareness
Tools
Artists
Copyright in the Digital Age:
3
Copyright
Legal
Economic
Cultural
Emotional
Copyright
Legal
Economic
Cultural
Emotional
Copyright
Legal
Economic
Cultural
Emotional
Copyright
Legal
Economic
Cultural
Emotional
Copyright
Legal
Economic
Cultural
Emotional
Copyright in the Digital Age:
i i
Copyright in the Digital Age:
U.S. Constitution
Legal
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”United States Constitution, Article I, Section 8
The Congress shall have Power...
To promote the Progress of Science and useful Arts, by securing for limited tımes to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Copyright in the Digital Age:
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”U.S. Copyright Office circular1a
“...the purpose of the copyright system has always been to promote creativity in society...”
Copyright in the Digital Age:
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”Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-50 (1991)
“The primary objective of copyright is not to reward the labor of authors, but "[t]o promote the Progress of Science and useful Arts." To this end, copyright assures authors the right in their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.”
Copyright in the Digital Age:
Copyright in the Digital Age:
Boulevard du Temple", a daguerreotype made by Louis Daguerre in 1838
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Copyright in the Digital Age:
March 3, 1865 photographs and photographic negatives added to protected works
Copyright in the Digital Age:
Copyright Act of 1976
§ 106 · “Exclusive rights in copyrighted works {38} Subject to sections {107} through {122}, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:”
§ 104a Subject Matter and Scope of Copyright • Copyright Law of the United States 17
© 1976 Exclusive Rights
Copyright in the Digital Age:
to reproduce the copyrighted work in copies
© 1976 Exclusive Rights
Copyright in the Digital Age:
to prepare derivative works based upon the copyrighted work;
© 1976 Exclusive Rights
Copyright in the Digital Age:
to distribute copies to the public by sale or other transfer of ownership, or by rental, lease, or lending;
© 1976 Exclusive Rights
Copyright in the Digital Age:
© 1976 Exclusive Rights
to perform or display the copyrighted work
Copyright in the Digital Age:
“
”
Copyright in the Digital Age:
§ 102 of the Act, copyright protection extends to ‘original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.’”
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Copyright in the Digital Age:
§ 102 of the Act, copyright protection extends to ‘original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.’”
“
”
Copyright in the Digital Age:
§ 102 of the Act, copyright protection extends to ‘original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.’”
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Copyright in the Digital Age:
you create it • you own it
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”
Copyright in the Digital Age:
you create it • you own it
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Copyright in the Digital Age:
copyright is for everyone
Copyright in the Digital Age:
i i i
Copyright in the Digital Age:
Copyright 1976
Work Made for Hire
Copyright in the Digital Age:
Copyright 1976
Work Made for Hire
Copyright in the Digital Age:
Copyright 1976
Work Made for Hire
Copyright in the Digital Age:
Copyright 1976
Work Made for Hire
“
”
Copyright in the Digital Age:
...if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
Copyright in the Digital Age:
if you engage other collaborators...
Copyright in the Digital Age:
Copyright treaty in March 1989
Berne Convention
Copyright in the Digital Age:
Copyright Term Extension 1998
life of the author plus 70 years
Copyright in the Digital Age:
October 28, 1998
Digital Millennium Copyright Act
Copyright in the Digital Age:
October 28, 1998
Digital Millennium Copyright Act
Copyright in the Digital Age:
modern day < > copyright war
Copyright in the Digital Age:
© Left < artists > Right ©
Copyright in the Digital Age:
© Left < artists > Right ©
Copyright in the Digital Age:
© Left < artists > Right ©
Copyright in the Digital Age:
Copyright 1976
fair use
parody
education
scholarship & research
news reporting
criticism
comment
fair use
Copyright in the Digital Age:
Copyright in the Digital Age:
iv
compensation
control
copyright
Copyright in the Digital Age:
Copyright in the Digital Age:
copyright practice • compensation
Permission
Copyright in the Digital Age:
copyright practice • compensation
Licensing
Copyright in the Digital Age:
copyright practice • control
don’t have it
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”
Copyright in the Digital Age:
“everyone is a copyright infringer...we infringe copyright everyday.
-David Carson former General Counsel US Copyright Office
Copyright in the Digital Age:
copyright practice • control
have control
always be sharing
own your marketplace
control(s)
be ahead of the stealing
Copyright in the Digital Age:
Copyright in the Digital Age:
v
online markets
image search
tools
retroactive licensing
© registration
Copyright in the Digital Age:
Copyright in the Digital Age:
tools
image seach
Copyright in the Digital Age:
tools
Copyright in the Digital Age:
tools
Copyright in the Digital Age:
you may receive statutory damages
and attorney fees
if registered before infringement -
full benefit of the copyright law
must register to file infringement suit
© registration
Copyright in the Digital Age:
tools
Copyright in the Digital Age:
tools
Copyright in the Digital Age:
tools
Copyright in the Digital Age:
tools
Copyright in the Digital Age:
vi
Copyright Alliance
advocacy
Creative Commons
ASMP
Copyright in the Digital Age:
Copyright in the Digital Age:
tools
Copyright in the Digital Age:
advocacy
resources
Copyright in the Digital Age:
Copyright in the Digital Age:
advocacy
Copyright in the Digital Age:
advocacy
Copyright in the Digital Age:
advocacy
Copyright in the Digital Age:
advocacy
Copyright in the Digital Age:
other tools
Copyright in the Digital Age:
other tools
Copyright in the Digital Age:
?
Copyright in the Digital Age:
continue the conversation
Copyright in the Digital Age:
Copyright in the Digital Age:
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