Intellectual Property - CVH TV, Film and Digital Media Ms. Copeland

By the end of the presentation, you
› Be able to define and give examples of
intellectual property
› Explain the basics of Copyright Law
 Know the four (4) rights granted by copyright
› Know how to post copyright notice
› Know which copyright symbols to use when
(© or ℗)
› Understand Fair Use Law
Copy the following words into a Word document and
write their definitions.
1. intellectual property
2. copyrights
3. derivative works
4. distribution rights
5. publishing rights
6. transmission rights
7. copyright notice
8. copyright symbol
9. copyright infringement
Raise your hand when finished. I will grade the
assignment on screen.
Intellectual Property Basics
› Key terms: intellectual property, copyrights
Copyright Law
› Key terms: derivative works, distribution rights,
publishing rights, transmission rights
Copyright Symbols
› Key term: copyright notice, copyright symbol
Copyright Terms
Intellectual Property Ownership
› Key term: copyright infringement
Fair Use Law
Intellectual Property refers to creations of the mind.
It is the original, creative work of an artist or
Intellectual Property includes such things as songs,
novels, artistic designs inventions, symbols names
and images used in commerce.
Intellectual Property may be registered for special
government protections - including copyrights,
patents, trademarks and trade names - that
provide businesses or individuals with the exclusive
right to use and profit from the property they have
 Have
you ever created a piece of
intellectual property?
 What questions come to mind when
you hear the word copyright?
 If you own intellectual property, do
you think having it copy written will
help you?
 Why? Why not?
When most people think of the word,
“copyright,” they think about the rights of
owners to control access to their intellectual
property. This is accurate, but it is not the
whole story.
 The U.S. Constitution says, the purpose of
copyright is to promote the spread of
knowledge and innovation. The writers
believed that encouraging the
development of new ideas and information
serves society as a whole.
A copyright is a form of intellectual
property law that protects original works of
authorship, including literary, dramatic,
musical and artistic works.
 A copyright lists the publisher of a work and
the year in which the work was published.
All books must have a copyright.
 Copyright Law does not protect facts,
ideas, systems, or methods of operation.
 As
soon as something is created,
copyright is automatically implied - no
copyright notice or procedures are
required; however, registering works of
intellectual property not only protects
the owner from unauthorized usage
but can also provide greater rewards
should litigation become necessary.
 How
do you think the internet affects
intellectual property?
 Do you think the internet has affected
the economic value of intellectual
property? If so, how?
The Internet and other digital technologies have made
it easier than ever to share, use, copy, modify and
distribute still and moving images, and sounds that are
the “intellectual property” of others.
 There are people who believe that intellectual property
should be unprotected and unrestricted. They, like the
original writers U.S. Copyright Law, believe that
individual creativity serves society as a whole.
 Those at the other end of the spectrum feel that the
government should strengthen and enforce laws to
protect intellectual property better.
 The key issue here is about producer rights and user
rights; a balance between public and private interests.
Copyright means that you control the rights
to a bundle of rights, including rights to:
› (1) to make copies the copyrighted work
› (2) to make modifications based on the original
work (called derivative works)
› (3) distribute copies of recordings of the work to
the public by sale, rental, or leasing (distribution
› (4) present literary, musical, and audiovisual
works to the public (publishing rights)
› (5) present digital audio transmissions of certain
sound recordings (transmission rights)
You can unbundle, split, sell, or license
these rights in a variety of ways.
 you can sell rights for a certain period of time (a
five-year license)
 sell rights to a territory or in a language (sales in
France, sales in the French language)
 sell rights to a medium (distribute on cable TV or sell
on videotape)
The copyright symbol, designated by ©, is the
symbol used in copyright notices for works
OTHER than sound recordings.
In the United States, the copyright notice consists
› the © symbol, or the word "Copyright" or
abbreviation "Copr.”;
› the year of first publication of the copyrighted work;
› an identification of the owner of the copyright.
 EX: © 2015 Shadow Illusions
 The
sound recording copyright
symbol, ℗ , is used to designate
copyright for sound recordings.
 EX: ℗ 2015 Elsibu Music Productions
As a general rule, for works created after
January 1, 1978, copyright protection lasts
for the life of the author plus 70 years.
 For an anonymous work, a pseudonymous
work, or a work made for hire, the copyright
endures for a term of 95 years from the year
of its first publication or a term of 120 years
from the year of its creation, whichever
expires first.
 When
using copy written works that
belong to someone else, first, you
must have their permission, second,
you must give them credit for the
 Copyright infringement is the use of
works protected by copyright law
without the owner’s permission.
 If copyright protection lasts for the
life of the author plus 70 years, what
do you think happens to the
intellectual property afterwards?
Why would asking someone’s
permission to use their intellectual
property and giving credit to the
owner be important?
Fair Use Law - an author may make limited use of
Uses That Are Generally Fair Uses
another author's work without asking permission.
› Criticism and comment
 Quoting from a work in a review or essay.
› News reporting
› Research and scholarship
 Quoting a short passage in a scholarly, scientific, or technical work for
illustration or clarification
› Nonprofit or educational uses
› Parody
 Drawing elements from a work for the purpose of imitating it in a
comic way.
There are four factors courts weigh in
determining whether an unauthorized
use of copyright material is permitted
under fair use:
› (1) the purpose and character of use
 are you creating something new or just
copying the work?
› (2) the nature of the copyrighted work
Four Court Factors continued ~
› (3) the amount and importance of the
work used
 despite common myths there is no 8-bar
rule for sampling music, no 30-second rule
for using video clips, and no oneparagraph rule for using text
› (4) the effect of the use on the (potential)
market for or value of the work,
considered as if the use was widespread.
In this presentation we discussed:
› Intellectual Property
› Copyrights
› Copyright Law
› Copyright Symbols
› Copyright Terms
› Intellectual Property Ownership
› Fair Use Law
Define and give an example of intellectual
 What does Copyright Law protect?
 Name one of the four (4) rights granted by
 What three (3) items are included in a
copyright notice?
When do you use the ℗ copyright symbol?
How does the Fair Use Law apply to your
school projects?
Working in pairs, think about your favorite artist (writer,
music / film / TV producer, director, actor,
songwriter,/ composer, band or musician).
Have they ever been sued for copyright
If so, briefly (1 – 2 paragraphs) state the accusation
made and the parties involved.
Provide evidence, based on what we covered about
copyright law in class, that explains why you agree or
disagree with the accusation.
› If your favorite artist has never been sued, find someone in
audio or video who has.
Submit your work (with both names on it) to the
Jupiter Grades drop box for the Copyright
Infringement assignment.