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A brief overview of Copyright Christina Hendricks

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What Who When Why Not

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What

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What is copyright? Allows the holder exclusive rights to: • Copy, translate, adapt, perform/communicate works

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What can be copyrighted? No: facts or ideas Yes: Expressions

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What are trademarks, patents? Also part of IP law, but different from copyright Trademarks Prevent uses of words, symbols, designs by those other than the holder, to avoid confusion over the source of goods or services. Patents Protect new inventions for limited time (e.g., 20 years): prevent others from making, using, or selling the patented item. See, e.g., Gov’t of Canada on intellectual assets

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Who

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Who holds copyright? Not always the original creator! They may need to give up (some of) their rights to publishers or producers.

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Why

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Why copyright? Encourage creation & spread of original knowledge & works, through quid pro quo (something for something) Creator: financial incentive to create & share; protection of attribution & integrity of works Audience: benefit of access to works, often with a fee and requirement to attribute & avoid altering See Copyright tells the story of his life, and CC Certificate resources unit 2

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Why and who If the creator doesn’t hold copyright rights but has given them to publishers/producers, does this complicate incentive?

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“While many books for example have . . . authors’ names on them, in some cases the authors have signed away their lifelong right to benefit from the sale of their work. As a consumer that wants to support good art, I have no idea what has transpired behind the scenes, and whether or not my purchase will matter to the creator very much. It’s not a very transparent system.” – Jenni Hayman, discussion board for CC Certificate Course for Educators, July 2018

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When

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When does copyright start? Automatic: as soon as a work is fixed in a tangible medium (including digital)—no registration required. See the Berne Convention and Innovation, Science, & Economic Dev. Canada

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When does copyright end? Varies by country . . . Berne Convention: Life of creator plus 50 years • Same in Canada Some countries: Life plus 70 or more 50 70 99 100 75 95

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When Not

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When not: public domain • Copyright has expired • Work not copyrightable ○ E.g., in the U.S., works by the U.S. government • Work dedicated to public domain ○ E.g., CC0 public domain declaration • Work not properly registered (rarely required anymore)

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When not: exceptions & limitations Uses of works that are allowed under copyright law without permission, e.g., • Criticism, parody, satire, education • Fair use or fair dealing (can include the above) ○ E.g., UBC Copyright office on fair dealing in Canada

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What about CC licenses?

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Creative Commons licenses Not an exception to copyright; these work within copyright law • By applying a CC license, the copyright holder grants others permissions to use the work under terms designated by the license.

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Thanks! Except where otherwise noted (see next slide), these slides are licensed CC BY 4.0, by Christina Hendricks https://chendricks.org

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Credits Special thanks to all the people who made and shared these awesome resources: • Presentation template licensed CC BY by SlidesCarnival • Most icons purchased with a subscription to The Noun Project, and thus are not part of the CC BY license applied to these slides generally. ○ Icons on the top right of slides 1, 2, 4-6, 10-12, 14-15, 17-18, and 22 are from the Slides Carnival template these slides are based on, and are licensed CC BY to Slides Carnival.