GD212 Copyright Issues
Week 5

It's time to look at the important issue of Fair Use, as well as other ways that people may use others' works. We'll look at more infringement battles of special interest to designers and other visual artists.

Unless noted, the subjects listed below are briefly covered in Chapter 4 of How to Register Your Own Copyright by Mark Warda.

What Can You Use of Others’ Works?

Name some items you have bought which you may not reproduce.

Works in the Public Domain
Update Chapter 4 in your text, using the Copyright Term Extension Act information.
There are several reasons a work can find itself in the public domain. List five:

A work registered on or after 1/1/78 is now protected for:______________

Public Performances
There are exceptions to the public performance rule. Name some that you have probably witnessed.

The "4 Tests" of Fair Use of Copyrighted Works
Name them.





Fair Use for Students? Read the handout on Demo Reels.
Do you think there is much difference between compositing using someone else's work and what the student artist did in the Corel case?
Explain clearly on a separate sheet of paper, citing information from each situation.

Abuse of Fair Use Activity

Revisit Benedict O'Mahoney's site where you'll find examples of musicians infringing on each other.
Choose a case and briefly argue for one of the parties:

On the same site, examine Robert Rauschenberg’s "Found Object Art" example. What would you argue if Rauchenberg used images that you produced?

More on Fair Use

Use with Permission
Compulsory License
Sound Recordings Made before February 15, 1972
Playing of Broadcasts
Home Videotaping
What operation using a computer might be comparable to home videotaping?

Rental of Copyrighted Works
The Right to Privacy
Can You Use Others’ Likenesses?
What does "right of publicity" mean?

Why did Fred Astaire's heirs object to his image dancing with a vacuum cleaner?

Do you think that celebrities should have the right to not be photographed?

Trademark Rights
Moral Rights
Look up the following words:

How might these four concepts describe an artist's continuous rights over her/his work--even after it's sold?

Resale Rights
Web Issues

Start Debunking Myths

Using the handout containing common myths, start reviewing copyright concepts and preparing your own arguments against mistaken notions about copyright and about the Internet.
Some helpful (optional) sites for reviewing copyright concepts and preparing for your presentation:

Brinson and Radcliffe’s Primer, An Intellectual Property Law Primer for Multimedia and Web Developers (16 pages)

Brad Templeton's site

Articles listed on the Fair Use and Multimedia links compiled by the Stanford University Libraries.

Copyrighting a Web Site: How and Why (which will not print out, so skim it at your terminal).

Circular 66 from the Copyright Office.

Next Week:

Midterm exam on copyright and Internet myths.
Midterm Presentation Project Outline