Transcript Copyright - powerpoint

Copyright and Fair Use
Plagiarism?
• Starting with a term you’ve all heard
before: Plagiarism.
• What is Plagiarism?
• Plagiarism is defined as a piece of writing
that has been copied from someone else
and is presented as being your own work
(wordnetweb.princeton.edu/perl/webwn)
• This applies to writing and works that have
been Copyrighted.
• So, What’s Copyrighted mean?
Copyright
• Copyright happens automatically as soon as the
work is created. Even if the work doesn’t say
“copyright” or have the symbol. No registration
with the copyright office is needed.
• A work is protected for up to 70 years after the
author dies (or if unknown up to 95 years after
the first publication).
• Once the copyright is up work falls into “Public
Domain” (or if the author explicitly released the
work into public domain).
Information from copyright lesson by Laura Kaemming
So how can I use anything?
• You can find an image that’s in the public
domain.
• You can take your own stock images.
• You can obtain permission from the author of the
original work.
• If the work falls under “fair use” you do not have
to obtain permission.
• Fair use was created by courts for teachers and
students to use in an educational setting.
Fair Use
Art and Music Infringement?
• Copyright laws are strict when applying to
Creative works such as art, music, literary
works, films and plays.
• On the following slides you’ll be viewing
art originals and derivatives of the original.
You’ll also listen to some music to
compare and contrast the songs. You
decide if the work is Fair use and I’ll let
you know of any court rulings afterwards.
Jeff Koons, String of Puppies versus
Art Rogers’ photograph
Koons vs Rogers
•
Jeff Koons and Art Rogers went to court of the
sculpture String of Puppies, which was originally a photo
taken by Rogers that Koons found published on a
postcard. Koons removed the copyright on the postcard
and has his workshop create the image with the changes
seen in the image. Koons sold 3 sculptures make
approximately $400,000. When in court Koons claimed
fair use under attempt to parody (Do you feel the work is
a parody?) The court rejected this argument in that the
parody did not need Rogers specific work to be executed
and that the similarities were so close that the average
person would make the connection.
http://en.wikipedia.org/wiki/Rogers_v._Koons
Roy Lichtenstein versus multiple comics
Lichtenstein vs Marvel, DC, Disney,
Romance Novels everywhere…
• Lichtenstein was never brought to court
over any of his multiple derivatives from
comics everywhere…
• Why do you think that is?
Myazaki’s Howl’s Moving Castle (still frame) vs Emmy Cicierega
Originals vs Fan Art
• Although there are no records of lawsuits
against artists because of fan art; it is still
considered a copyright infringement and
not covered under fair use no matter how
much is your own (the characters
themselves are copyrighted)
• The exception, as Jeff Koons attempted to
use, would be parodies or satires.
Copyright in Music
• Listen to the following clips. Discuss how
the songs are different and how they’re
alike. Based on what you’ve learned
concerning copyright laws, how have the
artists broken the law?
Vanilla Ice vs Queen & David
Bowie
• Under Pressure
• Ice Ice Baby
• How are the two songs different? How are
they alike? According to the fair use
guidelines has Vanilla Ice violated the
copyright of Queen’s “Under Pressure?”
• This case has never gone to trial although
it is said that the parties settled outside of
court for an undisclosed amount.
Huey Lewis vs Ray Parker Jr.
• I Want a New Drug
• Ghostbusters
• Again, how are the songs different? How
are they alike? Is the Ghostbusters theme
song a violation?
• Lewis and Parker argued for more than 10
years after the release of the single
Ghostbusters. The two settled their case in
private – Parker never admitting guilt but
agreeing to pay Lewis for damages in
return for neither revealing the amount. In
2001, Lewis revealed the amount on VH1.
Parker is now asking for money to cover
his law costs.
So What?
• Why is any of this important?
• Did I infringe on any copyrights in this
lesson? Why or Why not?
Group Work
Working in small groups (2-4), go over the
following worksheet, answering the
situations on copyright infringement. You
can use your notes from the presentation.
We’ll go over them as a class to compare
your answers.