A6.3: Copyright

Deidra Darst 
9/26/07

Copyright and fair use (2005).  Retrieved on September 25, 2005, from http://fairuse.stanford.edu/  

Harper, G.K. (2001).  Crash course in copyright.  Retrieved on September 25, 2005, from http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm 

TAP:  The topic of these readings is copyrighting.  These texts were written to inform the general public about the basic aspects of the copyright.  The purpose is to educate the readers about the history of copyrighting, explain how to obtain copyrights for creative works and how to avoid copyright infringement.

Claim: The process of copyrighting original creations protects works from being copied, stolen, distributed or sold for profit by anyone other than the creator himself.  By protecting existing works, people are encouraged to create new works (2005).

Evidence:  A copyright protects anything that comes into existence due to someone’s creativity:  text, music, computer programs, etc.  The work must exist, at one time or another, in a “tangible form” (2005).  A copyright is effective for 70 years after the creator’s death.  Since 1989 all works have been considered “copyrighted” and are protected by the copyright laws of the United States.  The owner of a work can place a “copyright notice” on his or her creation to warn others that it is owned by the individual and is a protected item.  Permission must be obained from the owner prior to copying, altering, or distributing a copyrighted item.  The U.S. Copyright Office issues legally-binding copyrights for approximately $30.  If a copyright infringement lawsuit were to arise, the purchased copyright would likely render more reimbursement to the owner than would a copyright notice alone. 

Copyrighted material can be used by an outside party upon the condition that the use has been deemed “Fair Use.”  To be considered protected by the Fair Use policy, the party’s use of the copyrighted material must be for either criticism or parody.  To accurately critique a work, excerpts must be taken from the original in order to accurately explain one’s interpretations.  The process of parodying a work requires the extensive use of the orignial dialogue, text, music or overall structure.  Upon copyright infringement, the case goes before a judge who will decide whether or not the Fair Use policy applies.  Instances of fair use have four specific criteria:    

1. the purpose and character of your use
2. the nature of the copyrighted work
3. the amount and substantiality of the portion taken, and
4. the effect of the use upon the potential market (2005).

A second party is welcome to use anything considered to be in the “public domain.”  The public domain consists of anything created in the United States before 1922.  Some public domain items did not receive a “copyright renewal” which was necessary prior to 1964.  Prior to the new law of 1989 that protects all new creations, authors, musicians, artists and any creator of any sort had to provide a copyright notice on their works.  Those who did not will find their works within the realm of the public domain. 

Connections:
text-to-self:  I found these websites very interesting; I learned alot of things about copyrighting.  I learned that any of my creative works are automatically protected under copyright law.  I thought that I had to purchase a “real” copyright from the U.S. Copyright Service, but by placing the © symbol on my work shows others that I own the rights to it.  I read one passage that reminds me of many magazine articles that I read.  I often see “used with permission by Jane Doe” under a particular photograph.  The readings explained that this is done because the picture has been copyrighted by Jane Doe, but the magazine obtained her permission to reprint the photograph.   

text-to-text:  These readings are the first that I have read about copyrights.  Both sites covered similar issues concerning copyrights.  Anyone’s creative creations are protected by the copyright law.  A legal copyright can be purchased for further protection of one’s works.  In the instance of copyright infringement, the copyright owner is more likely to receive reimbursement if he or she has purchased a copyright from the U.S. Copyright Service within three months of the work’s publication.  Both sites detail the process of determining whether or not a reproduction is considered “Fair Use.”

text-to-world:  Copyright laws are very relevant to the world today, especially in academic areas.  The websites stated that copyrighted materials can be used without the copyright holder’s permission for academic or non-profit purposes.  For instance, a clinician could record an informative program from public television, but this program can only be used for 10 days after its recording.  The program must be be purchased after this 10 day period if the clinician wishes to use it again.  Issues such as this need to be understood by professionals in order to conduct law-abiding services.