For centuries. And no longer able to stand for what it always stood for for people around world zoo wants to come here and have an opportunity and the danger is according to nash we are losing sight of those fundamental values that made us a place everyone wanted to come to including the next one. A quick preview with marie breaux marji ross. You are watching the tv on cspan2. Booktv is on facebook and twitter. Like and follow us for book industry news. Behindthescenes looks to interact with others for television programming. Earlier this week, the New York Times interview with former Supreme CourtJustice John Paul stevens on his recently published book six amendments which outlines justice stevenss thoughts on how the constitution should be amended. We tweeted in the Associated Press elizabeth warrens book a fighting chance. It was released on tuesday. The book recounts the senators life and professional career, childhood in oklahoma to her years as a harvard law professor at her oyster current tenure in the u. S. Senate. On our face book page we posted a behindthescenes photo from our Interview Program after words. Pictured is the host talking with jeremy rifkin, author of the zero Marginal Society prior to the start of their interview. Look for the program to air soon on booktv. Follow us on twitter at booktv. Like us on facebook, facebook. Com booktv to get more news about the world of publishing and what is happening on booktv. Marie breaux talks about the history of authors write and argues copyright law will need to be revisited in the future. This event was part of the Tennessee Williams new orleans Literary Festival held annually in the city. It is about an hour and 20 minutes. Good morning, everyone. I have some power point slide so hopefully you will have something useful to look at. I find when we talk about law we dont give some people reprieve the audience starts hurting themselves. I am a practitioner. I am not a scholar. I am not a law professor. Basically a good candidate for holding a workshop. Because i do things. Just like anybody, the person who tinkers in a workshop to build things we have to draw on the knowledge of structural engineers, we have to draw on the knowledge of architects. When it comes time to put something together to build the building, build the whatever it is, you have to call on the people who do something. That is me, a practitioner. I have one message, as a practitioner i view the copyright act as a steam punk who law. Something fills with rude goldbergs contraction and it turns out rubleburg was a cartoonist, sculptor, inventor, author, engineer. It might be fitting to call on his work. There was an article in the New York Times in the travel section about cruises and they mentioned the steam punks crews so the definition of steam punk has pretty much fallen into common parlance but it is a genre of Science Fiction or speculative fiction, it involves anachronistic combinations and when i went looking for images to get us all on the same page about what is steam come, what image is in my mind when i say that it turns out a couple years ago these fellows dropped stressed the been steam punk styles and stand in front of the streetcar and it takes back to the turn of 19 food into the 20th century that sort of style which is illustrated on your left, that home movies of voyage to the moon was made famous, Martin Scorseses film you go. I think it is a lovely as static and as a copyright practitioner i often think about that because theres a contradiction, Old Technology doing modern things, taking a bullet shipped to the moon using steam to get into outer space. It is an obsession with technology and that is a big part of copyright law. It is also visions of alternate universe, works like the wild wild west and the work of contemporary director jos sweden. It seems to fit with me about that is the state of our copyright law, all fairness analog universe, the Digital World we live in. The next thing we like to do. And get on this page about intellectual property. And the intellectual property organizations, and 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 we use to identify products. And industrial property, and trademarks industrial designs, geographic indicators of origin which are more problems around the world than in the United States because we havent set up but legal regime for that but when you get certified line, those come with a sealed it tells you where they come from. That is industrial property. The other big categories copyright. That covers artistic works, poems, plays, software, broadcasting and that is what were going to talk about today. A couple of categories called extradefinition type of intellectual properties, gets its value for not being publicly known that the most famous example would be the formula for cocacola and i also think of related rights, media rights, this would be the rights of publicity and privacy, those often come up in the context of working with intellectual property so they dont fall under this definition but there are areas of law that we need to be aware of. When i say that copyright law is anachronistic, it is an alternate universe i want you to know i am not alone in my opinion. The register of copyrights, the register of copyrights is the head of the Copyright Office and recently testified before congress that the current copyright statute was drafted to address analog issues and bring the u. S. Into harmony with international law. And decreed any hope that we could have an effective copyright act in the 21st century. One of the furnaces this describes the current copyright law which was passed in 1976 as a very good 1950s statute. Some whether it is me thinking steam punt or Barbara Ringer thinking about the 1950s the copyright act is not of our time. The workshop in four parts, the first part, we will call them chapters because this is a Literary Festival and our first chapter is we define the basics of copyright in the 21st century. This isnt going to be a complete tour in copyright apps. It takes a little longer than our time today to do that but we need to get grounded in what we mean by copyrights. We start with statutory definition. The matter of copyrights and it is a nice distinction definition, every single word in that definition is important. Copyright protection subsists in original works of authorship, a tangible medium of expression now known or later developed from which they can be perceived, reproduced or otherwise communicated. A pretty understandable set of words. The statute gives examples of literary works, musical works, dramatic works, choreography, the visual arts, sculptures, graphical works, Motion Pictures and sound recordings. It is important that you understand there are certain types of works that are extremely valuable but they dont qualify for copyright protections and that is copyrights, a crucial distinction, copyright protect expressions of ideas. They do not protect the ideas. They dont protect stats, they dont protect methods, systems, concepts, principles, no matter how valuable that maybe that is not afforded copyright protection. We also did not grant copyright protection to works by the u. S. Government and its employees. They are our Civil Servants and their work belongs to all of us. We dont protect useful articles. That comes up in the fashion world where because clothing is useful for obvious reasons, not protecting under the copyright act and designers get knocked off all the time. One of the many Topics Congress has been investigating, needing to give some type of protection. The other thing that is important about this definition is there is no reference to formality. We use that word a couple times today. Meaning that copyrights exist from the time the work is created. The time that work is fixed in a tangible medium. Dont have to register, dont have to put any kind of marking on it, that says copyright 2014. It happens at the time of creation. That was one of the most dramatic changes about u. S. Copyright law in 1976 and we will see why that is important later. Next thing we will talk about is authorshould. The originality bar is pretty low. What is dr. Ship . The author is the person who actually creates the work, takes this idea depicting a dog under an oak tree and turns it into blue dogs. That is the author of the work. We also recognize two other categories of authorship under u. S. Copyright law. What is called work for hire. The scope belongs to the employer. That is also a distinction between copyright law and patent law. The other imported type of authorship is contract to work for hire. The rule is the copyrights will be long to the hiring party if there is an agreement, and you enumerate certain categories of work, work for hire rule applies to and we talk about that later because it is very important. And litigated issues, who was that author, and employment and work for hire is often critical. I got originality, what does it get you . Copyrights are very hard for people to understand. Copyrights cover a bundle of rights. Is not something, when you own copyrights you own rights to do something or rights to prevent somebody else from doing something with the work. Those rights i defined by statute. When you own the copyright, you have the right to control the reproduction of copies of the work, you have the right to control the preparation of derivative works, a derivative work would be a translation, and abridgment, transformation of a short story into a script, transformation of a script to a Motion Picture. You have the right to control the distribution of copies of your work of the work, you have the right to control public performance. That is very important for playwrights because that is the licensing right that gives a playwright loyalty for actual performance of his work and you have the right to display the work in public, and i use the word display in public to include the rights to play back 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 those rights 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 those limitations is called fair use. We wouldnt get very far in this world if we didnt have some right to use the intellectual property, creations of the minds of others. We would be sitting in caves somewhere. So what is fair use . Use of a work for criticism, comment, news reporting, teaching, scholarships, research. Is not an infringement of copyright. That sounds noble except Congress Gave us more factors to consider in deciding whether or not particular use is fair. We look to the character of the use. Is that profits or nonprofit . Look at the nature of the work, how much work was taken and used, we look at the affect of one persons use on the economic benefits achieved by the owner of a copyright. The thing about lawyers is a few give them four factors it is a debate. Everytime you think you are ok with fair use it is a debate. When i give this talk in a facetoface Group Teaching the assumption is fair use provision is pretty broad. I could put up any images that i want but because we are being videotaped for cspan this morning i had to be very careful about what images i put out that maybe that fair use debate just got more robust. Any image you see up here is either Public Domain or under the Creative Commons and free to use for this purpose. We could all of what the big debate about whether it was okay. There are a number of other limitations on the rights of a copyright holder, we give rights and privileges to libraries, we give rights and privileges to nonprofit educational institutions. This isnt the place to go over all of them but you need to understand that bundle of rights is not actually the rights are great but when you get to exercise them, obviously throughout the United States but as a result of treaties that our government has entered into, the copyrights are effectively international. That really sets them apart from other types of intellectual property, you have to go to foreign patent offices, if you have a trademark you go to foreign trademark offices but because of these treaties which say the basic idea is parity. The u. S. Must afford foreign offers the same benefits it affords to its own citizens or its own president s in copyrights and when we go abroad, our copyright has to be respected on the same terms as in other countries and effectively that makes copyrights good internationally and greatly simplifies things. Rights are good, world is good. How long do you get your copyright . The answer is a very long time. Under our current law, the life of copyright is the life of the author for individuals, the life of the author plus 70 years. Always looking at two sometimes three generations of ownership. For corporate works, works for higher, works by an employee, the rule is a selector of 120 years from the date of creation. If it is unpublished, 95 years if it is a published work. The how long of a copyright terms are lasting, when we first enacted the copyright act in 1790, one of the very first acts of our first congress, it was a 14 year term. And how expensive this is, he looked at the copyrights for Steamboat Willie, the first mickey mouse cartoon and miraculously every time Steamboat Willie is about to fall into a Public Domain the copyright act is extended. We are not alone in the United States in protecting our cultural treasures. Peter pan in the united kingdom, the copyright on peter pan is getting extended for the benefit of the charitable institution, it is the great institution. We are not alone in looking out for our own and it is a question of international norms. The copyright initially will for a long time, the life of the author plus 50 years, 70 years, following international law. This all seems very logical, right . We have the author, a bundle of rights, the world, how long, it is a long time. Something that i could explain relatively logically, why would i call fact steam pump . That is why we come to part ii of our presentation. We are going to look at what i see as a practitioner, the steam punk aspects of copyright law. It is an analog here is our analog guy. This is technology, this is hightech. It doesnt fit. Let me give you some examples. Publication. I told you a work for higher, term of a copyright depends on whether a book is published or unpublished. The act defines publication in physical terms, defined as the distribution of copies for photo records of a work to the public by sale or another transfer of ownership or by rental, lending, what happens with the stuff you put on the web . What happens with a journal that is normally published on the web . Is it published or not published . We have some guidance from the Copyright Office but we dont know. This is a very fundamental question about copyrights, published or unpublished. Some of those limitations on the exclusive rights of authors apply only to published works so it is an important question but we are defining it in terms of making physical copies. That is an analog problem we deal with. Sometimes i will spend more time than i should filling out a copyright application. To check the published or unpublished box . It should not be that difficult. Another example of where our analog problems come in is with exceptions for libraries. Almost as if the rules that are in this statute were passed in 1976. We had card catalogs. If you wanted to get something from an archive you had to go there or write them a letter. So everything is set up for physical copies but we live in a Digital World. We dont go to the library, we dont use card catalogs and more. I wonder what happened to those cases. Some of them were quite lovely. We give material to people in digital form. What do we do . Why is this sort of steam punky . Because under the limitations set out in congress, it may be okay for library to scan a work, attach it to an email, send it to the requesting patron but it might be illegal to post it on the web site. It is not contemplated within the fair use rights given to libraries and archives. If i can send it to you in digital form why cant i why cant i post it without engendering debate about fair use. And redheaded stepchildren of virtual property, i dont think we can debate software and computer code, we protect them against the same set of rules that apply to literary groups. Databases are important. We dont have a way of protecting them because the database is a collection of facts. They become the redheaded stepchildren of copyright world. Another sort of rude goldberg contraption is we have these work for hire rules which apply to employees and people working on the work for hire rules that we live in a freelance world. We dont all go to work at desks like this that we did in the 1950s. Work for hire rules, if you work for higher definition, really meant for another era. It defines work being specially commissioned including contributions to collective work, part of a Motion Picture, compilation, translations, indexes, answers to test but nothing about collaborating on software, nothing about that would really cover the vast number of consultants involved in a large project. Technology involves teams of people to make it happen and it is hard to show that into a definition that was meant to protect the making of physical film production. It just doesnt work. When it comes time to make sure that you have got all the rights to your work is a little bit like driving a Ste