Copyright•Its origin, and the “American version”•20th century developments•Journalism and the Internet

Copyright:

Origin•England – 1500’s•Monarchy gave rights to those who printed the books so they could control the information

Copyright:“american” version

•1789 - The United States Constitution

“Section 8 - Powers of Congress:The Congress shall have the power …

… 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 …. “

Copyright:20th century

•Copyright Law of 1909 – original copyright law; published works only•Copyright Law of 1976 – all works covered•1998 – Digital Millenium Copyright Act

Copyright:“american” version

•U.S. Code – Title 17

Fair Use

Copyright: Fair Use

Use of information for the purposes of

criticism, comment, news reporting,

teaching, scholarship, or research.

Copyright: Fair Use

Courts consider the following:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

(2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in

relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for

or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Copyright:

•1983 - President Ford’s memoirs•1984- 2 Live Crew parody•2000 - King Estate vs CBS

Violations or “fair use”?

President Ford’s memoirs

• The Nation published an excerpt

• Was before publication

• Court ruled that they had published the “heart” of the book

2 Live Crew’s

parody • Did parody of the song “Oh Pretty Woman”

• Were sued by the original record company

• Parodies are usually considered to be “fair use”

King Estate vs

CBS • Dr. King filed for copyright three weeks after giving the speech

• First court ruled in favor of CBS

• Overturned on appeal

Copyright:

• Information is easy to locate and use• International information is readily available• BUT: International copyright law is more restrictive than U.S. law

The digital age

Internet copyright MYTHS:

• “If it’s on the Internet, it’s okay to use it.”

FACT: Internet information is protected by the same law as printed information.

•“If it doesn’t have a copyright notice on it, then it’s in the “public domain” and it’s okay to use it.”

FACT: No printed notice is needed.

Internet copyright MYTHS:

• “You have to register something to get the copyright to it.”

FACT: No registration is needed.

•“If no one makes any money from it, it’s okay to use it.”

•FACT: Profit is not the only determining factor in any copyright

case

Internet copyright myths:

• “They own that name.” (I.e., “Apple Records”)

FACT: Names cannot be copyrighted (but trademarks can).• “It’s not really a crime to use just a photo or a cartoon character from a website.”

FACT: Using protected material without permission is a violation of federal law.•

Internet copyright myths:• “They e-mailed me this, so I can use it.”

FACT: E-mail is covered by copyright just as any other material is that is

“fixed in tangible form.”•“I can put this website on my website if it’s in a

frame and people know it’s not mine.”

FACT: You can only provide a link to another website