Engineers, we have to draw on the knowledge of architects. But when it comes time to put something together to build the building, you have to call on the people that do something so thats me. If i have one message it is that as a practitioner i view the copyright act as something of a steam punk law something filled with contraptions an into turnsp by the way that he was a cartoonist, sculptor, inventor, author, engineer so it might be fitting to call on his work. But there was an article in the sunday New York Times about in the travel section. So i think the definition has pretty much fallen into the common but its kind of a genre of Science Fiction or speculative fiction and it involves an anachronistic company should and when i went looking for images just to get us all on the same page about what is in my mind when i say that it turns out a couple of years ago this funny 40 fellows dressed up in th that style. Thats been in front of the streetcar and it dates back to the turn of the 19th and 20th century that sort of style that is illustrated on the left and that movie the voyage to the moon was made famous in the scorsese film hugo. So i think it is a lovely static and as a practitioner i think about that because theres a contradiction that you have Old Technology doing modern things like taking a bullet ship to the moon from using steam to get outer space. It is an obsession with technology and that is a big part of the copyright law. And it also envisions an alternate universe that works like the wild wild west or the work of contemporary directors. So it just seems to fit with me about the state of the copyright law. It is an alternate analog universe in this Digital World that we live. The next thing i would like to do is just get us on the same page about what is intellectual property and the definition im going to use is by the treaty organization, the United States is a member and intellectual property means creations of the mind, inventions, literary works, Motion Pictures as well as the kinds of properties that we use to identify products. So it falls into two categories, industrial property, and that would be patent, trademark, industrial design, things called geographic indicators of origin which are more prevalent around the world than they are in the United States because we know we havent set up a legal regime for that. But when you get certified why in the order him those come with a single tells you where they come from. Thats all industrial property. The other category is copyright and that covers all of our artistic work, software, broadcasting and thats what we are going to talk about today. I also want to mention there are a couple categories that would be trade secrets. This is information that gets its value from not being publicly known the most famous example would be the formula for cocacola but i also think of related rights this would be the right of publicity and privacy and those are often in the context of working with other types of intellectual properties. So they dont fall under this definition but they are areas of the law that we need to be aware of. So when i say that the copyright law is anachronistic is an alternate universe, i want you to know im not alone in my opinion. The register of copyrights and that is the head of the Copyright Office, thats tidal register them and she has recently testified before congress that the current copyright statute was drafted to address analog issues and to bring the u. S. Into harmony with international law. She says the long trajectory to any hope that we could have an effective copyright act in the 21st century. One of her predecessors describes the current copyright law that was passed as a very good 1950s statute. So whether it is me or barbara thinking about the 1950s, the copyright act is not of our time. So we are going to get started in the workshop in four parts and we will call them chapters since this is also a Literary Festival. The first chapter is where we define the basics of copyright in the 21st century. This isnt going to be a complete tour of all the provisions of the copyright act. We do need to get grounded in what we mean by copyright and the first thing we are going to do is start with statutory definitions for. And it is a nice definition in every single word of the definition is important. Copyright protections exist in the original works of authorship and any tangible medium of expression now known or later developed from which they can be perceived, reproduced or otherwise communicated. Its a pretty understandable set of words. The statute gives a number of examples that dramatic work, choreography, the visual arts sculptors, graphical works the notion pictures and sound recordings. To understand that there are certain types of works that are extremely valuable but they dont qualify for copyright protection. And that is copyright in a very crucial distinction, copyrights protect expressions of ideas. They do not protect the ideas or facts from the methods, systems, principles, no matter how valuable that maybe. We also do not grant copyright protection to the works by the u. S. Government and its employees. They are our Civil Servants and belong to all of us. We dont protect these articles and that is a sort of judge made rule that comes up in the fashion world where the clothing is useful for very obvious reasons its not to be protected under the copyright act come into the designers gets knocked off all the time and its one of the many topics that they have been investigating and we do need to get some type of protection. The other thing apart and that the definition as there is no reference in the formalities meaning that copyrights exist in the time that the work is created any tangibl in a tangibu dont have to register it, you dont have to put any kind of marking that says copyright, 2014. It happened at the time of creation and fixation and that was perhaps one of the most dramatic changes about the copyright law in 1976 and we will see why thats important later. The next thing we are going to talk about his authorship. The bar is pretty low so what is the authorship . Is the person that actually creates the work that takes this idea depicting a dog under an oak tree and turns it into blue dog. That is the author of a work. We also recognize to other categories of authorship under the u. S. Copyright law. One is called work for hire and thathat is worked by employees d contrary to the general rule the work in the scope of employment belongs to the employee are and that is a distinction between the copyright law and the patent law. The other important authorship is a contracted work for hire, and the rule is that the copyrights belong to the hiring party if there is an agreement and if you have certain categories of work the work for hire rule applies to and we will talk about that leader because thats very important if the copyrights belong to the author of the work, one of the most frequently litigated issues is who was the author into this question of employment and work for hire is often critical. So, youve got an author, originality. What does it get you . Copyright this is one of the reasons they are hard for people to understand. Copyrights cover a bundle of rights. Its not something when you own the copyrights for you own the rights to do something or the right to defend somebody else from doing something with the work. And those rights are defined by the statute when you own the copyrights, you have the rights trightto control the reproductif the copies of the work, you have the right to control the preparation of derivatives works that would be a translation and an abridgment of the transformation of a story into a script of the transformation of the script into a motion pictu picture. You have the right to control the distribution of copies of your work. You have the right to control Public Performance thats important for playwrights because that gives the loyalty is for the actual performance of his works if you have the right to control the display of the work in public and im using the word display in public to playback the Digital Audio rights. We are not talking about music. Fortunately today that has its own little tortured history. So you have a bundle of rights but they are not absolute. They are subject to quite a number of limitations. The statute itself sets out 16 different limitations and the most important of the limitations is called fair use. We wouldnt get very far in this world if we didnt have some rights to use the intellectual property to the creation of the mind of others. I think we would be sitting in caves somewhere. So what is the fair use . It is to work for criticism, comment, news reporting, teaching, Scholarship Research its not a copyright. And that all sounds noble except that Congress Gave us four factors to consider in deciding whether or not a particular use is fair. We look to the character of the youth. Is it profit or nonprofit . We look at the nature of the work and how much of the work was taken and used. We look at the affect of ones persons use upon the economic benefits that could be achieved by the owner of the copyrights and if you give them four factors it is a debate so everything you think you are okay as a debate. When i give this kind of talk and im in a facetoface group it is teaching the assumption that the provision is pretty broad and i could put up any kind of images that i want thatt because we are being videotaped by have to be careful about what images i put up. You have the Public Domain under the creative comment is free to use attribution for this purpo purpose. So, and i saw that we could all of the way that debate about whether the use is okay. There are a number of limitations on the rights of the Copyright Holder we give righthand privileges to the library and rights and privileges to the nonprofit educational institution. Institution. Into this isnt really the place we can go over all of them but you need to understand that the bundle of rights is not surely. But rights are great but where you get to exercise them they are good obviously throughout the United States but as a result of the treaties that our government has entered into, the copyrights are effectively international and thats really sets them apart from other properties. The other patent you have to go to the offices and if you have a trademark you have to go to the offices but because the treaties that say the basic idea is pretty and the benefits it affords to its own citizens or its own residences in the copyrights and when we go abroad in our intellectual property it has to be respected on the same terms as other countries and effectively that makes the copyrights that internationally and that simplifies things. So the rights are good, the world is good, how long do you get your copyright . The answer is a longtime. The life of the copyright is the life of the author for the individual is the life of the author plus 70 years. So you are always looking at at least two sometimes three generations of leadership. For corporate work the rule is it is the lesser of 120 years from the creation if it is unpublished. The important thing about the chart is how long the copyright terms are lasting and when we first enacted the copyright act that was in the 1798 was one of the first acts of the first congress. It was a 14 year term. Now it is incredibly long and one professor this is a chart that was put together to give you a sense of how long and expensive this right is he looked at the copyrights and that was the first mickey mouse cartoon. Every time that hes about ready to fall into the Public Domain the copyright act is extended. We are not alone in the United States in protecting our cultural treasure. Peter pan in the United Kingdom the copyright is getting extended for the benefit of the Charitable Institution that they left the rights to. We are not alone and in the International Norms the copyright for a long time it was the life plus 50 years that we were following international law. So this all seems very logical. We have the author of the bundle of rights, the world, when how long, its a longtime. Why is it something i can explain relatively logically why would i call that steam punk . Thats why we are going to come to part number two of the presentation. So we are going to look at what i see as a practitioner a has se of the aspects of the copyright law. First is it is an analog law. This was technology when the law was passed and it doesnt fit. Publication i told you that a work for hire another term of the copyright depends on whether the work is published or not published. And very physical terms it is the making of copies and it is defined as the distribution of copies or records of the work to the public by sale or ownership. So what happens with the stuff you put on the web and with a journal that is only published on the web. We have some guidance from the Copyright Office, that we dont know. This is a very fundamental question that copyrights, published or not. Some of the exclusive rights apply only to the published works. So its an important question that we are defining it in the terms of making physical copies. That is an analog problem that we deal with. Sometimes i spend more time than i should have announced a copyright do a check of the published or unpublished box and it shouldnt be that difficult. Another example where the analog problems come in is with the exceptions for libraries. Its almost as if the rules that are in the statute were passed in 1976. We had a card catalogs. If you wanted to get something from the archives you have to go and write a letter. So everything is set up for physical copies that we live in a Digital World. We certainly dont use that card catalogs anymore. I wonder what happened to the cases. Some of them are quite lovely. And we gave material to people in digital form. So what we do . Whdo we do . Why is this steam pu . Because under the limitations set out in congress it may be okay for a library to scan the work and attached it to the cards and the email and send it off to the requesting patrons that it might be illegal for them to post it on the website. Thats not contemplated with the fair use rights given to the libraries and archives and that seems silly if i can send it to you in digital form. Then we have what i called the redheaded stepchildren of the intellectual property. We have in the 21st century i dont think we can debate how software and computer coded at the same rules that apply to the literary work databases are important. We dont have a way of protecting them. The database is a collection of the fact so they become the redheaded stepchildren of our copyright world. We have the higher works that apply to the employees and people working on the work for the higher rules so we live in a freelance world. We dont all go to work at this like this that we did in the 1950s. The work for hire rules contain the definition thats really meant for another era. It defines the work being a specially commissioned including the contributions through the collective work, part of a motion picture, a compilation, translations and indexes, tests, answers to tests but nothing about collaborating on software. Nothing that would cover the number of consultants. Its harder to shove the entity definition meant to protect the making. It doesnt work so when it comes time to make sure you get the rights to the work its like driving a Steam Powered spaceship. Another problem with the current state of the law is that we are all infringing all day every day of our lives. He wakes up in the morning and checks his emails and replies. The program and touches to the prior email. He is copying and rescinding that email to somebody and the copy and distribution. If you copy the content and paste it in an email printed out, use it you are infringing. And i can talk a little bit more about how the sites get around that. But its like we have one set of the law that we live in an alternate universe where we violate the law constantly. Lawlessness is never a situation. We havthen we have the lasting favorite example that we called orphan works. Orphan works are subject to copyright but the copyright owner cannot be found. So if i find a lovely article, i find a lovely image, im not the author, maybe its not going to be covered by the provision, how do i get the rights. How do i ask the author but maybe the author is no longer with us into copyrights last for 70 plus years. Their name may have changed. The company may have gone out of business. Theyd make these in existence they may still be there but they are not visible on the web. It is quite a problem with finding work and finding usable materials and i think that it is a got into the point where the congress has tried to be contrite twice to fix the problem and its a difficult area in which to legislate. Like most people use tools, the things that are available to year. And where did those things come from and where the concept come from. And so i started looking at the copyright tool. Where does that come from . And the first thing i want you to know is that the copyrights for the relatively recent ideas. The first genuine copyright act that we have is something called the statute of queen in, its a british statute passed in 1710. And, you know, thats just a little over 300 years ago which is not a long time. It looks like a long time to. Im in my 50s. So, you know, its not too bad for a law. The constitution is about 300 years old. But it is also a couple hundred years old and its like, all right, i can live with that. But i thought what happens if we compare the copyright statute to literary creations. Just looking at literature. In western literature 800 bc is almost 300,000 years ago. So we have a lot of creation and shakespeare in the western literature, we gait that to hallmark. That is 800 bc, almost 3000 years ago. So we have had a lot of creation. A lot of creation the shakespeare wrote copyrights. And certainly reaching this before the copyrights. And truth be told people were creating long before we even got around to having the technology and the paper to put together written literary works. And so when we look back to what are the first works of art that we can think of area venus abdulla north, 24,000 years ago. The caves were 17,000 years ago. Anthropologists are fin