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What is Copyright?

By: Chrissia Haughton


What is Copyright?
Copyright is the legal right to reproduce, publish, sell, or distribute.

Items consist of:

Literary; books, articles, magazines, quotes.

Music; production sound, vocal recordings, lyrics, beats.

Art; painting, graphics, sculptures.

It is only the expression not the idea.


Different types of Copyright
Two different types are recognized at the national level.

Moral Rights

Economic Rights
Moral Rights
The idea that the work is an expression of the creator.

The creator has the right to identify themselves as the author.

The creator has the right to forbid any form of mutilation to their work.

The creator is the first one to make their work public.


Economic Rights
These rights are for the holders of the work. Not the creators. A form of “acts of
exploitation”.

The holder has rights to reproduce, distribute, communicate to the public, and
transform the work (adaptation or word change).
How should copyright be used?
The use of copyright, maintains the balance of the rightsholder and the content
user. Though, in some cases, protected work may be used without the
permission of the right holder.
What is Fair Use?
A U.S. concept that recognizes copyrighted work that doesn’t require
authorization of the rightsholder. The use is minimal enough anc can be reused.

The Four Factors:

1. Purpose (ie, education)


2. Nature (factual or published)
3. Amount (smaller use the better)
4. Market Effect (how will the owner be affected?)
Rentmeester v. Nike, Inc
Photographer Jacabus Rentmeester claimed Nike copied his image of Michael
Jordan that was later known as the “Jumpman Logo”. Nike argued that the image
was taken from a different angle, shutter speed and timing.

Solution:

Though the idea of a taking an image of the great Michael Jordan, the expression
from the two parties were completely different. Copyright only protects the
expression of the rightsholder, not the idea. Rentmeester would have been better
off, getting first permission to photograph the player while making sure there
were no other competition through his work.
Fox News Network, LLC v. TVEyes, Inc.
TVEyes Inc was found copying Fox tv programs and distributing to viewers who
did not have access to Fox. TVEyes felt that “fair use” was the content of their
gesture. Unfortunately, the court reversed the districts court order of “fair use”
and TVEyes was denied additional relief.

Solution:

Though TVEyes may have been trying to help fellow viewers, they failed to
comply to the moral right of the rightsholder to make the original work public.
Design Basics, LLC v. Lexington Homes, Inc
Design Basics sued Lexington Homes contending that Lexington Homes copied
four designs belonging to Design Basics. The courts found that Lexington Homes
never had access to Design Basics and there were no evidence of Lexington
Homes having plans that belonged to Design Basics. The owner of Design Basics
later revealed proceeds of litigations became a revenue for Design Basics.

Solution:

Because of Designs Basics hugh revenue of home designs, it’s easy for other
homes to share similar styles. The owner used it’s monopoly to prey on smaller
businesses that would allow them to sue for infringement. Fortunately for
Lexington Homes, no evidence was found.
How to get access to copyright?
Permission can be obtained by getting in contact directly with the rightsholder
or through a third party.

Other concepts such as Creative Commons allows users to have access to


protected work but does not allow users to resell the product.
How to access copyright protection?
Once the original work is created, the use of copyright noticed is no longer
required from the U. S. law. Permission from the U.S. copyright office is not
recommended.

The symbol of the letter C in a circle or the word copyright or abbreviated as


“Copr” is required along with the year of publication with the name of the owner.

Example: © 2018 Jane Doe.


References
Copyright and Fair Use Cases

Copyright Clearance Center: About Copyright

Natural Readers Tool

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