Nathan Roach - BMPR Presentation August 2009

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Nathan Roach's presentation to #BMPR regarding the legalities of copyright.

Transcript of Nathan Roach - BMPR Presentation August 2009

  • What is Copyright
  • Origins of Copyright British Statute of Anne Copyright Clause of US Const. Art 1 S8 to promote the progress of science and the useful arts ... securing for limited times to authors and inventors... the exclusive right to their [works]
  • Technologys Role? Statute of Anne - 1709 Scribes and scriveners displaced by printing presses Rapid copying causing to be printed, reprinted ... books and writings, to their very detriment, and too often to the ruin of the them and their families, for preventing therefore such practices, and for the encouragement of learned men to compose and write useful books
  • See any similarities? Phonograph Radio Television Cassette (mix tapes) Internet
  • Default Rules Copyright statute (title 17) S106 - Exclusive rights to reproduction, derivative works, distribution, performance, display, transmission Automatic upon creation
  • Duration By original term: CTEA: Life +70 or 120yrs if corp. Berne Conv. - Life +50
  • Copyright Registration Prima Facie evidence of validity (if le w/i 5yrs of creation) The BIG ONE: Statutory (vs. actual) damages (if led w/i 3 mos) Stat. Dmgs. Title 17 S504 $750 to $30K per work, or $150K if willful. innocent infringer - $200/work
  • Fair Use Is a defense - burden on D to show Title 17 S107 criticism, comment, news reporting, teaching, scholarship, research court cases determine the scope
  • Licensing a license to use a work overrides the default rules similar to a contract specifying how a work can be used not limited to a stock license - authors are free to craft their own licenses
  • Sources of Licenses Commercial Licenses Stock Licenses Free Software Foundation Creative Commons
  • Choosing a License What do you want to protect? Software Writings Images Each has specics you need to consider. Also, copyright doesnt protect function. Need patent for that.
  • Creative Commons Licensing Attempt at simplication. Other alternatives: GNU Free Documentation License, Apple Commond Documentation License, FreeBSD Doc. license, etc. http://www.gnu.org/philosophy/license- list.html#DocumentationLicenses
  • Creative Commons Six primary licenses Assembled from common attributes and rights that copyright attempts to regulate
  • Audience Participation What would you want to protect? Does the Copyright Statute cover all the scenarios you want to protect? What if you actually want to promote, not restrict use of the works?
  • CC Conditions Attribution BY let others copy, distribute, display, and perform your copyrighted work and derivative works based upon it but only if they give credit the way you request. Share Alike SA allow others to distribute derivative works only under a license identical to the license that governs your work Noncommercial NC let others copy, distribute, display, and perform your work and derivative works based upon it but for noncommercial purposes only. No Derivative Works ND let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.
  • The actual CC licenses Attribution Attribution Share Alike Attribution No Derivatives Attribution Non Commercial Attribution Non Commercial Share Alike Attr Non Commercial No Derivatives
  • What do you get? Lots and lots of legalese behind the licenses Helps dene and protect the rights we discussed. As bloggers and individuals become authors, we see a democratization of content Authors are both consumers and producers
  • Gotchas Contract Law vs. Copyright Law Covenants vs. Conditions copyright owner who grants a nonexclusive license waives right to sue licensee for infringement and can only sue on breach of contract