Lesson 9 - Intellectual Property PDF

Summary

This document is a presentation on intellectual property, including copyright and fair use. It provides examples of these concepts.

Full Transcript

INTELLECTUAL PROPERTY LESSON 9 WHAT IS INTELLECTUAL PROPERTY? Anything that comes into being through invention or artistic creation that include inventions, literary or artistic work, images, symbols, etc. is Intellectual property. Hence, any rights given to persons over the...

INTELLECTUAL PROPERTY LESSON 9 WHAT IS INTELLECTUAL PROPERTY? Anything that comes into being through invention or artistic creation that include inventions, literary or artistic work, images, symbols, etc. is Intellectual property. Hence, any rights given to persons over the creations of their minds is called Intellectual property rights. They usually give the creator an exclusive right over the use of his/her creation for a certain period. WHAT IS INTELLECTUAL PROPERTY? One can own a painting (intellectual property) but does not automatically give the person the right to make copies of it (intellectual property right). WHAT IS COPYRIGHT? Copyright, the right of an owner of intellectual property (authors of literary and artistic works such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) to control how that property is copied, altered, sold, etc. WHAT IS COPYRIGHT? In most countries today copyright does not have to be registered, but the property must be (largely) finished – ideas cannot be copyrighted for a minimum period of 50 years after the death of the author. COPYRIGHT INFRINGEMENT Infringement of copyright occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. COPYRIGHT INFRINGEMENT Copyright Infringer is anyone who violates any of the exclusive rights of the copyright owner is an infringer of the copyright or right of the author. COPYRIGHT INFRINGEMENT A typical example of copyright infringement is the use of music in your videos. If you have not obtained the permission to use a song as background music for your home movies, business presentations, or your own creative work, then you could be liable for copyright infringement. Video-sharing sites like YouTube and Facebook actively flag down or mute songs and music for copyright violation. FAIR USE Fair use. In the United States, the principle of fair use lets you use a copyrighted work in a “transformative” way so that what you create is substantially different and not derivative of the original, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” EXAMPLES OF FAIR USE A. Quoting from a song, novel or other work in a review or a similar work of criticism. B. Quoting from a work in support of a political or academic argument. C. Parodying an existing work. D. If the new work is intended for “non-profit educational purposes” EXAMPLES OF FAIR USE In using copyright work, fair use can be applied if these factors are met: 1. Purpose - You are inspired by Marvel's comic superhero Black Panther. You draw your own original version of the character and use it to make a T-shirt. This is likely fair use. EXAMPLES OF FAIR USE 2. Nature - If you are writing a research paper and want to use a quote from an article or book to support your ideas, this is fair use. You need to provide a citation for the author/work. EXAMPLES OF FAIR USE 3. Amount - If you are creating a video for a school project, and a documentary by National Geographic supports your ideas, you can argue fair use by using a short clip from the movie. And because it's for school, you have a more compelling argument for fair use. EXAMPLES OF FAIR USE 4. Effect - Copying a still image from a movie and making it into a meme as a parody or commentary is typically an argument for fair use. The meme would likely not have a negative effect on the sales or performance of the movie. ACTIVITY WATCH THE VIDEO BELOW AND GIVE YOUR THOUGHTS ABOUT IT. https://www.youtube.com/watch?v=kGnutyhfIL0 YOU MAY WRITE YOUR ANSWER IN GOOGLE DOCS.

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