Copyright is an endless sea of "grey area". Hopefully, this lesson will clear at least some of the muddy waters.

1. COPYRIGHT?
What’s that?
“Respect Copyright,
Celebrate Creativity”

2. Purpose
To give the creator control of the use of
their creations for a set period of time

3. Popular Copyright Myths
• it’s on the internet, therefore it’s free!
• if there is no copyright notice, I can use
the image
• if I alter the image I don’t need
permission
• if I don’t profit from it, I can use it
• if I only use a part of the image I don’t
need permission

4. When does it take affect?
As soon as the original work is created.

5. What is protected?
• literary works (e.g., all text, including
computer software);
• musical works;
• dramatic works;
• pantomimes and choreographic works;
• pictorial, graphic, and sculptural works;
• motion pictures and other audiovisual
works;
• sound recordings;
• architectural works.

6. Photographs
are “Pictorial Works”
(INSERT YOUR FAVORITE
PHOTO)

7. Graphic works include:
Logos
Advertisements
Movie Posters
Product Design
And more!

8. What is not protected?
ideas, procedures, or discoveries

9. What is not protected?
ideas, procedures, or discoveries
• The ingredients of the recipe are not
copyrightable, but the instructions are.

10. What is not protected?
Ideas, procedures, or discoveries
Titles, names, short phrases, or slogans
• Skittles “Taste the Rainbow” is not copyrightable,
but it can be trademark protected (which is a topic
for another day :)

11. What is not protected?
Ideas, procedures, or discoveries
Titles, names, short phrases, or slogans
Facts, news, and research
• A standard calendar is not copyrightable.

12. What is not protected?
Ideas, procedures, or discoveries
Titles, names, short phrases, or slogans
Facts, news, and research
Works in the public domain
• Anything distributed by the U.S. Government.
• Anything posted on a public domain website (like
morguefile.com)

13. What is not protected?
Ideas, procedures, or discoveries
Titles, names, short phrases, or slogans
Facts, news, and research
Works in the public domain
Works not fixed in a “tangible expression”
• Unplanned speeches that are not written or
recorded

14. What rights does the owner
control?
Rights to:
•make copies of the work;
•distribute copies of the work;
•perform the work publicly (such as for plays,
film, or music);
•display the work publicly (such as for artwork,
or any material used on the internet or
television); and
•make “derivative works” (including making
modifications, adaptations or other new uses
of a work, or translating the work to another
media).

16. Copyright Limitations
the "Fair Use" doctrine allows limited
copying of copyrighted works in specific
situations.
Watch before moving on:
• https://www.youtube.com/watch?v=0QiO_H0-ok8

17. Fair Use Four Factors Test
1. The purpose and character of the use
• Educational, Nonprofit, and Personal use is fair use.
• Commercial, For profit, and Entertainment is not fair use.
• Example: Could you use an image you found on Google
search engine to promote your high school musical?

18. Fair Use Four Factors Test
1. The purpose and character of the use
• Educational, Nonprofit, and Personal use is fair use.
• Commercial, For profit, and Entertainment is not fair use.
• Example: Could you use an image you found on Google
search engine to promote your high school musical?
• Your high school musical is an
entertainment and for profit production

19. Fair Use Four Factors Test
1. The purpose and character of the use
2. The nature of the copyrighted work
• Is it published or fact? That is Fair Use.
• Is it unpublished or a “creative work”? That is not fair use
• Example: Would it be ok to use a graphic of a dragon
that you found on a video gaming website as a cover
image for a flyer you made to promote a party?
.

20. Fair Use Four Factors Test
1. The purpose and character of the use
2. The nature of the copyrighted work
• Is it published or fact? That is Fair Use.
• Is it unpublished or a “creative work”? That is not fair use
• Example: Would it be ok to use a graphic of a dragon
that you found on a video gaming website as a cover
image for a flyer you made to promote a party?
• The graphic is someone else’s
creation and you would need to
get permission to use it.

21. Fair Use Four Factors Test
1. The purpose and character of the use
2. The nature of the work
3. The amount of the work
• Is it a small amount, or not a significant part? That is fair
use!
• Is it a large amount, or the heart of the work? That is not fair
use!
• Example: Does a radio station have the right to play 30
second clip of a hit song to emphasize a point they are
trying to make?
.

22. Fair Use Four Factors Test
1. The purpose and character of the use
2. The nature of the work
3. The amount of the work
• Is it a small amount, or not a significant part? That is fair
use!
• Is it a large amount, or the heart of the work? That is not fair
use!
• Example: Does a radio station have the right to play 30
second clip of a hit song to emphasize a point they are
trying to make?
• 30 seconds is not a significant amount of time,
especially if it is not the “heart” of the song.

23. Fair Use Four Factors Test
1. The purpose and character of the use
2. The nature of the work
3. The amount of the work
4. The effect on the market of the work
1. Is there no impact on the product market? Is there restricted
access to the public? That is fair use.
2. Is there significant impact on the market? Is it made
available to the world? That is not fair use.
3. Example: Could you use the little Facebook icon on a club
sign-up sheet to indicate that you have a Facebook page?
.

24. Fair Use Four Factors Test
1. The purpose and character of the use
2. The nature of the work
3. The amount of the work
4. The effect on the market of the work
1. Is there no impact on the product market? Is there restricted
access to the public? That is fair use.
2. Is there significant impact on the market? Is it made
available to the world? That is not fair use.
3. Example: Could you use the little Facebook icon on a club
sign-up sheet to indicate that you have a Facebook page?
4. It will not affect Facebook in the slightest!

25. You can use it if…
You are doing at least 2 (but 3 is
better) of the following:
• Using the work for a educational, nonprofit, or
personal purposes.
• The work that you found was published. (nature)
• You are using a small amount or insignificant part
of the work.
• The way that you use the work will not affect its
market.

26. Good Fair Use Website:
https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html

27. What is infringement?
• use of whole or a large part of an image
or graphic without permission
• use beyond the scope of a license
• adapting an image without permission
(art rendering, collage)
• asking another artist or photographer to
recreate an image or graphic.

28. For Example
This image was
created by a computer
graphics artist who
“borrowed” images
from several sources.

29. Here is the original art
These are the two images that were infringed
upon to create the Newsday cover.

30. Change of medium is still
an infringement

31. Recreating a photo …

32. How to avoid infringement
KNOW THE RISKS!
If you are going to use an image or other media
• Carefully examine fair use OR:
• Get permission or obtain a license for all the uses that will be
needed;
• Use public domain media (Images or documents that are
made public by the artist or anything created by the U.S.
government)
Public domain websites:
• http://www.morguefile.com/
• http://www.publicdomainpictures.net/

33. Why should anyone care?
It’s stealing! Even if it’s not in the
traditional sense
You will have statutory damages ($750-
$30,000 and up to $150,000 if the
infringement was willful)
Your attorney’s fees will be costly as well

34. BE CREATIVE...
and respect
copyright

35. Fair Use or Infringement?
Search Engine
A search engine’s practice of creating small reproductions
(“thumbnails”) of images and placing them on its own
website (known as “inlining”) did not undermine the
potential market for the sale or licensing of those images.

36. Fair Use or Infringement?
Search Engine
Fair use
Important factors:
• Amont: The thumbnails were much smaller and of much
poorer quality than the original photos and served to help the
public access the images by indexing them. (Kelly v. Arriba-
Soft, 336 F.3d. 811 (9th Cir. 2003).)

37. Fair Use or Infringement?
Church of Scientology
Entire publications of the Church of Scientology were posted
on the Internet by several individuals without Church
permission.

38. Fair Use or Infringement?
Church of Scientology
Infringement
Important factors:
• Amount: Fair use is intended to permit the borrowing of
portions of a work, not complete works. (Religious
Technology Center v. Lerma, 40 U.S.P.Q. 2d 1569 (E.D. Va.
1996).)

39. Your turn!
Find a completed copyright court case (that
has a verdict) that we did not discuss in
class
Answer the following questions in complete
sentences:
• What were the circumstances? How was the work
used?
• What was the verdict (fair use or not)?
• Do you agree or disagree? Why?
• Include an image of the work being discussed.

40. Resources
Purdue University Copyright Office
•https://www.lib.purdue.edu/uco/CopyrightBasics/index.html
Public Domain Websites
•http://www.morguefile.com/archive
•http://www.publicdomainpictures.net/
Copyright Cases:
•https://99designs.com/designer-blog/2013/04/19/5-famous-
copyright-infringement-cases/