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IP 101
CCR 747 ::: S13

Thursday, March 21, 13

we are surrounded


Jess:
I’ve been coming back to this idea throughout the week as I
think about my own project with community work, where
populations or individuals are often not deemed authors, or at
least not Authors. And their work goes unacknowledged
because they lack the access or agency to publish and/or to be
heard so that they can even act in the capacity of an author. ...I
keep thinking about how the cultural status of an author (as it
relates to copyright laws) ﬁrst acknowledges that an author
exists. I guess I’m wondering if copyright laws do/can protect
people in this situation, people who perhaps aren’t necessarily
typical authors wanting to protect their work but still write
and invent texts?


Tamara:
Who beneﬁts from copyright law? ��
What is the purpose of publishing work/
making it public? ��
What is a work worth if the general public
cannot access it?

[And what is the purpose of protecting it?]


Statute of Anne
1710


an act for the
encouragement of learning


“the Encouragement of
Learned Men to
Compose and Write
useful Books”


14 / 14
registration requirement


Donaldson vs Beckett
1774


public interest?
natural rights?


“The Congress shall have Power ... To
promote the Progress of Science and
useful Arts, by securing for limited
Times to Authors and Inventors the
Exclusive Right to their respective
Writings and Discoveries.”
(USC 17, Article 1, Section 8)


. To promote the Progress of Science
and useful Arts, by securing for limited
Times to Authors and Inventors the
Exclusive Right to their respective
Writings and Discoveries.”
(USC 17, Article 1, Section 8)


limited monopoly rights


1790: 14/14
• maps
• charts
• books
• registration requirement


1909: 28/28

• covered “all the writings of an author”
• term began from publication rather than
registration
• unpublished works not covered


1976: life + 50
• Fixation rather than registration
• Ownership of unbundled rights
• Termination rights
• Anonymous/pseudonymous works and
works-for-hire: 75 years from publication or
100 years from creation.
• Fair use

http://lundissimo.info/imgs/motorcity/napkinart/guy.jpg


Fair Use
• What is the character of the use?
• What is the nature of the use?
• How much will you use?
• What are the market effects?


Educational use
is protected.


Parody is Protected.


Criticism is protected.


Berne Convention
• Every major country except China, USSR,
and US
• US entry in 1989 after 102 years of refusal

(We’ll come back to this.)


Sonny Bono Copyright
Term Extension Act, 1998
• Life + 70 years


Digital Millennium
Copyright Act


• No circumventing digital protections
• No distribution of devices designed to
circumvent digital protections
• No selling of anti-security tools
• No removing copyright information
• Safe harbor for Internet Service Providers


What is copyright?

The right of the author/
creator to control.


First Sale Doctrine


Reproduction


Derivative Works


Distribution and Sales


Public Performance
and Display


Digital Transmission


Modern Authorship
is . . .


digital


Distributed

Collaborative


http://benfry.com/linking/


Issues (Samuelson)
• ease of replication
• ease of transmission and multiple use
• plasticity of digital media
• equivalence of works in digital form
• compactness of works in digital form
• new search and link capacities


transnational


Back to Berne


World Intellectual
Property Organization
(WIPO)


Trade-Related Aspects of
Intellectual Property Rights
(TRIPS)


US as pirate nation.


US as primary exporter


US crackdown on piracy.


Berne Provisions


The countries to which this Convention
applies constitute a Union for the
protection of the rights of authors in their
literary and artistic works.


Protected without formalities


Minimum term of
life + 50


exclusive economic rights


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Authorship Seminar: Intellectual Property Basics

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Authorship Seminar: Intellectual Property Basics