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 Intellectual Property
Copyright and Fair Use

      July 25, 2005
     Intellectual Property
“Intellectual Property – Creations of
  the mind: inventions, literary and
  artistic works, and symbols, names,
  images, and designs used in

        Intellectual Property
           Two categories of Intellectual Property

Industrial Property            Copyright

                               • Literary and
•   Patents                      Artistic works
•   Trademarks                     –   Books
•   Industrial Design              –   Music
•   Geographical                   –   Plays
    Indications                    –   Art work
• Literally, the right to make copies
  – Buying a book means you own that copy, you
    do not have right to make more copies of the
    whole book
• Also protects: rights to distribute, adapt,
  perform, display your work
• Originally to protect author’s rights, to
  encourage the advancement of arts &
    Why is it important to
    protect Copyright??

Essential to human creativity

Gives creators incentives
    • Recognition
    • Economic rewards
• Copyright covers “original works of
  authorship fixed in any tangible
  medium of expression”
• Covers literature, art, music,
  architecture, and more
• Copyrighted works can’t be used by
  others without permission and
  sometimes $$
• Originally to protect the author’s
  rights, to encourage the advancement
  of arts & sciences

• Applies to author or to whomever the
  author has sold or signed over the
   Person-to-Person (P2P)
  File sharing and Copyright
P2P networks (Kazaa, Limewire,
  Grokster,etc.) violate copyright and
  prevent artists and record companies
  from receiving profits from their
  intellectual property.
           Copyright Law
          VERY Complicated!!
• Unpublished Works
  – Life of the author, +70 years

• Unpublished works in the public
  – Authors who died before 1935
          Copyright Law
          VERY Complicated!!
• Published works
  – Copyright law changed throughout the
    years, so copyright depends on date
    work was published
• Works published (after 1989)
  – 70 years after death of author OR the
    shorter of 95 years from pub. OR 120
    years from creation
           Copyright Law
           VERY Complicated!!
• Public Domain
  – Works not covered by copyright
    registrations; all works published before
  – Works created for public use
  – Works where copyright has expired
  – All government documents are in the
    public domain
• Copyright does NOT cover ideas,
  procedures, processes, systems,
  concepts or principles

• FAIR USE – ideas are not
  copyrighted, only the form in which
  they appear
        FAIR USE
The concept contained in U.S. copyright law
that allows for some copying of materials
for the purposes of criticism, comment,
news, reporting, teaching, scholarship, or
       Fair Use Exemption
• Trying to balance the right of the author
  to make money from his/her creation
  against the public’s right to the

• Purpose is to protect criticism, comment,
  news reporting, teaching, scholarship, or
What constitutes Fair Use??
1.   The purpose and character of the use;
     commercial nature or nonprofit
     educational purposes?

2. The nature of the copyrighted work;

3. The amount of material used as compared
   to the entire work.

4. The effect upon the potential market for
   or value of the copyrighted work.
  For Wednesday, 7/27/05
• Read Boswell article handed out in
  class or available here.

• Career Exploration paper due
“About Intellectual Property.” WIPO. 24 July 2005 .

Martin, Thomas. IST 618 Survey of Telecommunication and
  Information Policies Summer 2004.

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