Transcript Slideset - College of Science and Technology

COPYRIGHT VS.
“COPYWRONG”: TEACHING
COPYRIGHT ETHICALLY
Karla Carter
Bellevue University
http://academic1.bellevue.edu/users/carter/ccsce2013/
The Consortium for Computing Sciences in Colleges,
Eastern Region 29th Annual Regional Conference
November 1, 2013
The College of New Jersey, Ewing, NJ
We live in a world of digital content. Everyone has access to
a myriad of online resources: images, sounds, music, videos,
and text. Whether we are operating as content creators or
content consumers, copyright considerations touch us all
daily. Copyright is not merely the sum of its legal parts, but
also has ethical implications, particularly when combined
with technology. Teaching copyright, therefore, should focus
not only on the legal and economic aspects, but also the
ethical aspects, including moral rights of attribution, integrity,
and privacy. Workshop participants will leave with a
practical strategy for teaching copyright in all its aspects.
US COPYRIGHT LAW
Article I, Section 8, Clause 8 of the United States Constitution:
“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.”
FAIR USE AS ETHICS
• What is Fair Use?
• Teaching Fair Use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether the use made of a work
in any particular case is a fair use the factors to be considered shall
include—
(1)the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copy- righted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding
of fair use if such finding is made upon consideration of all the above
factors.
FOUR FACTORS OF FAIR USE
• the purpose and character of your use
• the nature of the copyrighted work
• the amount and substantiality of the portion taken
• the effect of the use upon the potential market
CURRICULA
• Electronic Frontier Foundation (EFF) “Teaching Copyright”
http://www.teachingcopyright.org/
• US Library of Congress “Taking the Mystery Out of Copyright”
http://www.loc.gov/teachers/copyrightmystery/
• Copyright Kids “Copyright Basics”
http://www.copyrightkids.org/cbasicsframes.htm
• YouTube Copyright School http://www.youtube.com/watch?v=InzDjH1-9Ns
Copyright Curriculum for California Kindergartens
MORAL RIGHTS
• What are moral rights?
• US vs Rest of World
MORAL RIGHTS
• right of integrity
• the right of attribution
• the right of disclosure
• the right to withdraw work from the public (aka privacy)
MORAL RIGHTS - FILM
•
digital 'colorization' of black & white feature films
•
'letterboxing' and other formatting changes to feature films
•
editing by broadcasters, distributors and other entities that damages the
integrity of a feature film or other work
•
damage through the insertion of commercial advertisements and other
extraneous content during broadcasts of films and other works
MORAL RIGHTS - USA
• Visual Artists Rights Act of 1990 (VARA)
• limited to works of art that meet certain requirements
• Moral rights not specifically stated in law; covered under other laws such as
specific defamation or tied to infringement
MORAL RIGHTS LEGAL CASES
• The Iron Curtain (1948)
• US: Shostakovich v. Twentieth Century-Fox (1949)
• Public Domain music
• US did not recognize Russian/Soviet copyrights since Russia/Soviet Union did not recognize
Western copyrights
• France: Societe Le Chant du Monde v. Societe Fox Europe and Societe Fox
Americaine Twentieth Century (1953)
• droit moral
• Film seized
• Dastar Corp. v. Twentieth Century Fox Film Corp (2003)
• Crusade in Europe | World War II Campaigns in Europe
• Lanham Act
• Public Domain
COLORIZATION LEGAL CASES
• The Asphault Jungle John Huston
• 1988-1994
• Turner Entertainment and la Cinq (France)
• moral rights inalienable and last beyond death
• The Seventh Cross Fred Zinnemann
• 1996-2005
• Telemontecarlo (Italy)
• Congress, 1988: "Future generations must have the right to see [films] in the
original form.“
• Technicolor was available; artist choose Black & White
ACTIVITY
How would you create a
discussion question or
assignment that focuses on
moral rights of Copyright?
QUESTIONS?