Getting to grips with the basics of Copyright.


Paula Eskett
CORE Education
@librarypaula
CC BY-SA

The story of Copyright has many chapters - make a strong coffee !

During this slideshow authors, musicians, artists
- people whose creations can have Copyright
applied will be called
"Creators"

What is Copyright ?

Copyright Laws
grant an exclusive set of rights to creators.

Creators control any future use of their work by others.

Copyright limits how others may use original works of creators.

Copyright Laws says :
No one else can copy, distribute, perform, adapt or otherwise use the work, in violation of those exclusive rights.

If a creator choses to put a Creative Commons licence on their work, they STILL own and retain the Copyright.

What does Copyright protect ?

Original works from creators

• Photographs & artworks
• Literary works
• Music & movies
• Computer software
• Websites
• Designs for fabrics & jewelry
• Industrial designs & models

What are a creators exclusive rights under Copyright Law ?

The exclusive right to

• Reproduce the work
• Prepare derivatives of the work
• Distribute the work
• Perform & display the work publicly

Copyright is
automatically applied to original works
the instant a work
is fixed into a
tangible medium.

If you are the Copyright holder you own exclusive rights to make copies of what you have created.
The person who owns a physical copy of your work can still loan it and sell it.
They can distribute but NOT reproduce your creation.

What is the purpose of Copyright ?

Copyright Law aims to

• Secure a fair return for a creators time & work
• Stimulate artistic and intellectual creativity for general public good

There are 2 primary rationales for Copyright

Utilitarian

• To provide incentives to creators
• To encourage the creation of new works

Author's Rights

• Copyright is primarily intended to guarantee attribution for authors
• To preserve the integrity of creative works
• To recognise & protect the connection between creators and their works

Most countries have something called
Moral Rights

Moral Rights :

Protect the relationship between a creator & their creative work, sometimes indefinitely.

Give the right to be recognised as the creator of the work.

Give the right to protect a works integrity

What are the limitations of Copyright ?

Copyright does NOT protect a

• Procedure
• Process
• Method
• Concept

Copyright does NOT protect facts or ideas - only the
EXPRESSION
of them.

Now a short break from the detail of Copyright!

Did you know the earliest Copyright law was back in 1710?
It gave book publishers 14 years of legal protection.

That's quite a difference to 2018 where in different parts of the world protection extends to the life of the creator
PLUS
50 - 100 years !

Dig deeper
into the
evolution of Copyright
with this entertaining video
(9 mins)

Untitled Slide

Copyright on a global scale

Countries have their own copyright laws & their are varying ways these are interpreted & applied.

Treaties, multilateral & bilateral trade agreements have helped to bring about some consistency to Copyright Laws by creating minimum standards for all participating countries.

The Berne Convention - created in 1886,
is a significant piece of international
Copyright law
for the Protection
of Literary & Artistic
works.

The Berne Convention sets Copyright minimums and default rules.

The Berne Convention

• Has 170 countries signatures
• States Copyright is automatic
• States there must be no legal formalities to gain Copyright protection
• Sets minimum standards for the duration of copyright protection
• Allows for exceptions depending on subject matter (scroll down)
• Is managed by WIPO - World Intellectual Property OrganisationSignatory countries
• Gives foreign works the same protection as works created within their borders

Copyright in Aotearoa New Zealand

Discussions began in 2003 to review the 1994 NZ Copyright Act.
An amendment to the Act was passed in 2008 but the review was delayed after this until TPPA discussions were concluded.

"It is important we ensure that our copyright regime is fit for purpose in the context of a rapidly changing technological environment which is impacting the way we create, distribute and consume content"

Ministry of Business & Innovation

In June 2017 the
Minister of Commerce and Consumer Affairs released a terms of reference that launched a review of the Copyright Act 1994.
Explore the additional resources in the notes for more information.

But wait ......
Copyright is a whole lot more complex
than just what we've covered.

What is exempt from Copyright ?

Public Domain

Public Domain works are creative works not protected by Intellectual Property law -
Copyright, Trademark, Patent Laws.
The public own these works

How do works enter the Public Domain ?

• The Copyright has expired
• The copyright holder did not comply with the rules in place to acquire or maintain their Copyright
• The work was never entitled to Copyright protection
• The creator has dedicated their work to the Public Domain before the Copyright expired

What is Fair Use & Fair Dealing ?

Fair Use is a legal framework of US law.

Fair Dealing is found in many Commonwealth Countries

They work towards ensuring that the rights of the public are not unfairly restricted by Copyright Laws.

Are there Exceptions & Limitations
to Copyright ?

YES!
Exceptions & Limitations put limitations on the exclusive rights normally granted to Copyright holders

For the purposes of

• Criticism
• Review
• Parody
• Access for the visually impaired

They allow for specific exemptions for society & the general public in the interests of progress in culture, science, education & innovation

Similar and related rights

These rights work to offer Copyright like rights to who are not a creator but are involved in sharing the works with the general public.
Public broadcasters, performers are examples

Copyright's IP relatives :
Trademark Law
Patent Law

Copyright differs from other types of Intellectual Property protection.

Of course it does !!!

Trademark law aims to

• Protect producers of goods & services by protecting their reputation
• Protects the public by offering a reliable way to differentiate between similar protects helping buyers beware of imitations and fakes.

Patent Law aims to

• Protect new and useful inventions
• IT offers a lifetime monopoly to registered inventions
• Creators can have exclusive rights to do pretty much anything with their invention once it has a registered patent.

Copyright is a complex maze and this presentation just skims the surface.
Check out the suggested readings for more detail.

Thanks to Joel Rothman for making his presentation available to learn from (https://prezi.com/bnq2dpsh5zl6/why-does-copyright-exist/)
and the resources supplied to students on the Creative Commons Certification course.