WFOM 10 - Copyright

Writing for Online Media

Professor Nicholas Leshi

Deadline Reminders

“Guest Post” ProjectEmail link to [email protected]

Before April 5

Final PaperEmail electronic copy to [email protected] later than end of day May 10

(Include a mailing address if you want the papers returned)

mailto:[email protected]

mailto:[email protected]

Final Paper

Minimum Length Five Pages(Double Spaced, 12 point font size,Times New Roman, 1-inch margins)

First Half Your experience blogging.What have you learned?What did you most enjoy about it?What was challenging about it?How has your blog changed since you started?

Second Half Your thoughts on the future of online writing.

If You Love Writing Online Reviews, ThenReview City of Kik on Amazon.com

If You Still Love Writing Online Reviews, ThenReview Nicholas Leshi on RateMyProfessors.com

REVISITING CLASS BLOGS

Screen Capture and Mission Statement

Critics Rave

Praise

Constructive Criticism

When Critics Clash

Highlights

Fordham Speaksby Emily Belmonte

Mission Statement

“Our mission is to give members of the Fordham family the recognition they deserve while also enabling followers to learn more about the extraordinary community

of academic leaders around them.”

Critics Rave!

“Extremely professional!”

“An intimate look at the student body and faculty members!”

“Incredibly interesting and very thoughtful!”

Praise

“Originally I was expecting all posts about Fordham students, but I like how the author sought out professors and Fordham staff to diversify the blog.”

“It reminds me in many ways of the Humans of New York series, but with a Fordham twist. The concept is effective.”

“The admissions office at Fordham should utilize this blog since it does an excellent job of showcasing the plethora of excellent people at Fordham.”


“The author could improve the layout by making sure the images are all the same size by cropping them, as that might give the website a more polished and professional feel.”

“Although the blog itself is informative about other people, there is no information about the author herself. For someone who has clearly put a lot of work into this blog, she should acknowledge herself!”

“She could perhaps improve by asking deeper questions to her interviewees.”

When Critics Clash!

“The questions asked to each person are thorough and well-planned to extract the most captivating stories.”

“The questions can be a little boring at times.”

Highlight

“In one blog post, she interviews Dr. Janet DiLorenzo, a role model for many Gabelli students. It broadcasts the voices of members of the Fordham community that intend to inspire fellow Rams.”

Bramenby Jimmy Nguyen

Mission Statement

“Follow this broke college student week by week as he reviews cheap packaged ramen neatly prepared

to satisfy your curiosity and his hunger.”

Critics Rave!

“A great read for any foodie looking to expand their horizons!”

“I absolutely love this blog!”

“Very enticing!”

Praise

“Your writing style elicits a sense of familiarity, and your memes and dog pictures make you personable to your audience.”

“The rating of the ramen noodles at the end of each post is a nice finishing touch, along with his roommate’s dog that adds a little randomness to the posts.”

“The title and the banner photo say it all: this bro is going to whip up some gourmet ramen and share it on this blog.”


“Bramen’s homepage has a natural visual that depicts fresh vegetables on a cutting board, which contradicts the blog’s theme of preparing packaged preservative-laden noodles. I think the blog looks great, but a different image may be better suited to match the theme.”

“One critique of the blog I have is in the formatting. Some of the links on the homepage I would click don’t actually go anywhere like ‘Go to Blog’ or ‘Read More’ under the bio.”

“Try and give your readers the information as to wherethey can purchase the ramen you’re reviewing.”

When Critics Clash!

“One thing I’d say to Jimmy is that a lot of his cooking instructions are similar.”

“Even though you repeat the preparation section in each post, I don’t find it boring or overly repetitive.”

Highlight

“The guest appearances of the author’s dog bolster the personality that characterizes the blog.”

Two Years in the Lifeby Rebecca Peretz

Mission Statement

“A time hop by way of blogging – follow my journey as I compare my everyday existence in the Bronx

to my experiences studying abroad in Europe exactly one year ago.”

Critics Rave!

“I really enjoyed reading this blog!”

“The traditional travel blog meets lifestyle commentary!”

“A pleasure to read!”

Praise“What makes this blog compelling is the author’s tone. The thing about blogs that have the feel of a diary is that they can be monotonous, but the author has found a voice that is both funny and relatable.”

“Beautiful photographs and beautiful writing abound in this blog. Her voice clearly shines through in her writing style, which draws you in and makes you feel as if you are also in Amsterdam, London, and Venice along with her.”

“While I was reading her blog, I felt like I was standing right next to her while she was showing me pictures and personally telling me about her trip. I think that is very hard to achieve.”


“When you first get to the blog, there’s a lot going on. At first glance, it can be a bit overwhelming.”

“One thing that needs to be improved upon is the post frequency, since it is very hard to gain any sort of following or traffic without posting content weekly.”

“My critique (or suggestion rather) would be to alsospeak about the people that she’s met along her travels.Talk about her new friends, if they still keep in touch, who they remind her of, similar likes and interests, etc.”

When Critics Clash!

“The photos are lovely, but their positioning on the home page does not work.”

“The layout of the homepage is excellent as it displays large images of London.”

Highlight

“Her article about midterms in Venice resonated with me.”

Wake Up NYCby Joseph Rametta

Mission Statement

“Wake Up NYC is a blog that will provide a comical critique of the real world and the quirks of modern culture today.”

Critics Rave!

“The concept of this blog is a good one!”

“A charming blog that has a definite attitude and tone!”

“Brings up topics that are quite important!”

Praise

“Not only are the stories amusing, but they are also very relatable to almost everyone’s daily life due to Rametta’s vivid social commentary.”

“Joe’s titles are very conducive to what he is writing about, while also not giving everything away.”

“I love the picture of the little boy with his mouth open on the front page.”


“It’s hard to grasp what your blog is about, because you’re covering so much content.”

“I would suggest changing the layout of your blog. Although I was able to read your most recent post, I couldn’t figure out right away where your previous posts were.”

“I think Joe could improve by adding more of hisown flavor and language so it is more appealing to the reader.”

When Critics Clash!

“I think the name Wake Up NYC is deceptive.”

“The title is clever and his explanation of it on the About page is precisely what it seems like it might be.”

Highlight

“His guide to NYC museums was helpful and interesting to read.”

MTV Blogzby Jake Shore

Mission Statement

“Blog chronicling the pitfalls and successes of my everyday plus one rap song which made it all ok.

Culture, politics, and the state of the world also likely topics.”

Critics Rave!

“Unfiltered, raw, and authentic!”

“Extremely entertaining to read!”

“Jake’s blog is hilarious!”

Praise

“I like how he concludes each blog post with a ’song of the week’ that kind of ties everything together.”

“Jake’s blog makes me laugh out loud. His blog has a light, quirky tone, which I quite enjoy. As I read it, I feel like I am inside his head. I can relate to the stories he shares as a college student.”

“By using humor, relatable personal anecdotes, and cultural references, Jake finds a way in each post to connect with the reader on a deeper level.”


“The choice of title also creates some issues. First, there is already an MTV Tumblr blog created by the television channel and that could potentially confuse the audience.”

“I didn’t like the ads/sponsored content that kept popping up on my screen as I was scrolling through Jake’s blog. I’m not sure if that’s a general feature of Tumblr, or if that hust happened to me, but it was distracting me from Jake’s writing.”

“The issue with Tumblr is that since each post lacks a comment section, readers will glance over the hyperlink to commenting. Perhaps if there is a way to emphasize reader participation, I feel like Jake will garner morecommenters.”

When Critics Clash!

“Antoher issue I found with Tumblr as a platform is that it uses annoying pop out video advertisements in the bottom corner that take up a majority of the reading area and are not visually appealing.”

“Tumblr is a good choice of platform.”

Highlight

“Kudos to him using the word ‘schmoozing’ in his article ‘Fakin’ the Funk,’ which is a great song by the way.”

Hypebeast Havenby Keith Spiteri

Mission Statement

“Hypebeast Haven is a blog that will explore the different aspects and latest news within streetwear and sneaker culture.”

Critics Rave!

“A very informative blog!”

“Original and helpful!”

“Passionate and well-founded!”

Praise

“Keith’s blog is minimal, aesthetically pleasing, and straight to the point. I believe he has chosen a WordPress theme that fits exactly what it is he is trying to write about.”

“Keith’s posts are succinct and easy to read, which makes them attractive to casual readers. Hypebeast Haven emphasized the graphics and information, which are the nuts and bolts of blogging.”

”His knowledge and research is thorough, and readers can tell he truly enjoys what he is writing about and engulfs himself in the culture.”


“If you are speaking about specific sneakers, I recommend putting in a direct link to where readers can purchase them.”

“Since sneaker talk can get repetitive, maybe venture out into more hype-beast topics like fashion name brands, music, even memes.”

“Adding an About section could help clarify exactly what a Hypebeast is for readers who are not as familiar With modern fashion terms.”

When Critics Clash!

“It would be nice to see more pictures in each blog post.”

“The author uses an incredible number of images on both the homepage and throughout each post.”

Highlight

“I especially loved his piece on shoe reselling because I find it fascinating that people make a good living on flipping pairs of shoes and making incredible profits on them.”

Beyond the Mortal Coilby Lindsay Stall

Mission Statement

“Death is at once the marrow of human experience, and that which we fear, avoid, and obsess over most.

In order to demystify our fate, this blog seeks to explore death as we best understand it from medical, philosophical,

and cross-cultural perspectives.”

Critics Rave!

“Probably the most unique premise for a blog that our class came up with!”

“An unbelievably creative idea!”

“This is fun!”

Praise“Your blog is the definition of ‘don’t want to look, but can’t look away.’ I find myself gravitating towards your blog every week to see your posts. They are well-written and extremely captivating. There’s something so fascinating about serial killers and the taboos surrounding death.”

“Every post invokes an eerie feel since extremely dark topics are discussed with a cheery tone. This works to give the blog personality and ultimately matches the nerve-racking subject matter of the blog quite nicely.”

“Lindsay’s brilliant writing and storytelling ability saves this blog from suffering an ironic death.”


“If I’m being completely honest, I could not read the first two posts about ‘The Night Stalker’ for fear I might get sick.”

“The blog’s layout needs to be adjusted in order to make it easier for users to find older articles. Posts that were published weeks ago are buried under the ‘recent posts’ category and are really not easy to find.”

“To be honest, I was completely avoiding this blog.The concept of death terrifies me and I can’t evenwatch ’Gone Girl’ without being petrified when I go to sleep at night. But here I am…Then I read the article about cannibalism and I got a headache from fear. I got through as much as I could, I promise I tried.”

When Critics Clash!

“I would suggest inserting hyperlinks/relevant videos to even better inform your audience.”

“I would recommend making your links clearer…I know they’re there because I went searching for them to do some more reading on things I was interested in.”

Highlight

“The ‘5 of the Strangest Funerary Traditions’ post is very reader-friendly.”

The Fordham Gramby Nora Vulaj

Mission Statement

“Each week I will choose which Fordham superstar really wowed us all with a news-worthy Instagram post, dissecting what made it so great

with added interviews from each winner.”

Critics Rave!

“Incredibly unique and quite hilarious!”

“So socially savvy!”

“Very culturally relevant!”

Praise“Nora’s posts are light-hearted and humorous, and it’s fun to see which Ram she chooses to feature every week and what fellow Fordham students are posting personally.”

“The Fordham Gram is a great example of how to blend humor with writing. Nora does a great job incorporating her voice into her blog posts.”

“I like that she used a Fordham logo and just edited it in Microsoft Paint; it’s funny and clues you into the fact that the blog will be Fordham related, but not necessarily a traditional perspective.”


“A suggestion would be to change the background color to maroon and the text to white to fit Fordham’s color scheme.”

“If Nora wants to expand her readership, I recommend she provide background information on the Rams she describes so all potential readers can better understand who they are and how their Instagram posts match their personalities.”

“The pictures for the articles could be better displayedin the home page. Some of them are cut in the middleand since the picture is the main subject of the article it should be what is used to draw the reader’s attention.”

When Critics Clash!

“The posts are charmingly short and have a humorous tone that works for the author.”

“I recommend the blog posts to be made a tad longer.”

Highlight

“Describing her friend’s rooftop in the Bronx, she states, ‘The colorful sky seems like it belongs in a vineyard in Tuscany…’”

The Highlightby Cynthia Wang

Mission Statement

“The blog will be presenting two highlight stories on Weibo and discuss the cultural differences between U.S. and China.”

Critics Rave!

“A very interesting weekly read!”

“Great concept and supreme originality!”

“This is one of my favorite blogs!”

Praise“Cynthia’s blog stands out, because it highlights the issue that the media across the world need to cover underreported stories.”

“Each story is accompanied with a lot of photos that help to add context to the story and further engage the reader.”

“It is always great to learn about something which you have very little prior knowledge of, and it is for this reason that I enjoy reading The Highlight. I have never been to China, but hearing about handpicked news stories from someone who knows the country firsthand is a great way to broaden my horizons.”


“With the absence of an About or Intro section, it is hard to get a clear picture of what this blog is trying to accomplish. The posts seem to be all over the place and lack a consistent theme.”

“Cynthia includes pictures of messages written in Chinese. If she could translate the messages underneath that might be a good addition for non-Chinese speakers.”

“There are some grammatical errors in the text from (what I assume) English being her second language, so maybe have a friend proofread in the future.”

When Critics Clash!

“I love how the author makes an effort to include her personal thoughts in each blog post.”

“A suggestion I have would be to add more of your thoughts and opinions.”

Highlight

“I particularly enjoyed ‘The Story Back Home,’ in which the writer added a personal touch by mentioning her own suitcase filled with Taiwanese snacks.”

Definition of Intellectual Property

Intellectual property is legally protected content that results from original creative thought. It refers to the ownership of ideas and control over the tangible or virtual representation of those ideas. Use of another person's intellectual property may or may not involve royalty payments or permission, but should always include proper credit to the source.

Definition of Plagiarism

Plagiarism is the act of stealing and passing off the ideas, words, or other intellectual property produced by another as one's own.

Definition of Copyright Law

Copyright is the exclusive right to produce copies and to control (by licensing or otherwise exploiting) an original literary, musical, or artistic work (printed, audio, video, etc.), granted by law for a specified number of years. It is a person's exclusive right to reproduce, publish, or sell his or her original work of authorship (as a literary, musical, dramatic, artistic, or architectural work).

Length of Copyright Protection

American Copyright Law: Works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death. (Governed by the Copyright Act of 1976 contained in title 17 of the U.S. Code.)

British Copyright Law: In Britain, copyright protection extends usually 70 years from the death of the author, composer, etc, or from the date of publication if later.

Copyright Extension Act in U.S.: On October 27, 1998, President Bill Clinton signed into law the "Sonny Bono Copyright Extension Act," which extends the terms of almost all existing copyrights by 20 years, to provide copyrights in the United States the same protection afforded in Europe. The basic term of copyright protection, the life of the creator plus 50 years, has been increased to life plus 70 years. The term for "work for hire" has been extended from 75 to 95 years.

What Copyright Law Protects

The Copyright Act of 1976 protects published or unpublished works that are fixed in a tangible medium of expression from which they can be perceived. In most jurisdictions copyright arises upon fixation and does not need to be registered.

What Copyright Law Does Not Protect

The Copyright Act of 1976 does not protect matters such as an idea, process, system, or discovery. Copyright does not protect ideas, only their expression.

Transfer of Copyright

While copyright law forbids anyone but the author from publishing or selling intellectual property without permission, an author can transfer the copyright to another person or corporation, such as a publishing company.

The Copyright Notice

A work of intellectual property is under copyright by default in most countries, whether or not it displays a copyright notice. However, a copyright notice may make it easier to assert ownership. The copyright owner is the person or company whose name appears in the copyright notice. Most countries have agreed to uphold each others' copyrights.

Parts of a Copyright Notice

A copyright notice has three parts. The first can be either the copyright symbol, the word "Copyright" or the abbreviation "Copr". Only the first of these is recognized internationally. This is followed by the name of the copyright holder and the year of first publication.

Example: © Nick Leshi, 2013

Definition of Public Domain

Public Domain refers to the status of a literary work or an invention whose copyright or patent has expired or that never had such protection. It may thus be freely used by the public. Public Domain is the total absence of copyright protection. If something is "in the public domain" then anyone can copy it or use it in any way they wish. The author has none of the exclusive rights that apply to a copyrighted work. It is an American term, which does not necessarily have legal status in some other parts of the world.

The Differences of Copyright, Patent, and Trademark

A patent is the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years.

A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner.

Freeware and Shareware

Freeware is computer software that may be distributed and used without payment.

Shareware is computer software distributed without initial charge but for which the user is encouraged to pay a nominal fee to cover support for continued use.

Creators of freeware and shareware content choose to waive certain rights of copying and distribution, but they still hold rights as the creators of content unless they legally transfer those rights.

The “Copyleft” Movement

Copyleft is a term used to describe the right to freely use, modify, copy, and share software, works of art, etc., on the condition that these rights be granted to all subsequent users or owners.

An author, for example, may give every person who receives a copy of a work permission to reproduce, adapt, or distribute it and require that any resulting copies or adaptations are also bound by the same licensing agreement. (In other words, they may not make a monetary profit from the copied work, restrict its use by others, etc.)

Copyleft type licenses are a novel use of existing copyright law to ensure a work remains freely available.

Definition of Fair Use

Fair Use is the term that describes the conditions under which a person can use material that is copyrighted by someone else without paying royalties or requiring permission. It allows limited use of copyrighted material under certain conditions. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work.

When Fair Use Applies

Examples of fair use include:CommentaryCriticismNews ReportingResearchTeachingLibrary ArchivingScholarship

The Balancing Test for Fair Use

The legal factors to be considered to determine if fair use is being applied and copyright protection is not being infringed include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit purposes2. the nature of the copyrighted work3. the amount and the substantiality of the portion used in relation to the copyrighted work as a whole4. the effect of the use upon the potential market for or value of the copyrighted work

The Complexity of Fair Use

Fair Use is often determined on a case by case basis.

For example, Betamax v. Sony rejected the “amount and substantiality portion” of the balancing test and the Supreme Court ruled that videotaping a television program for home use, time-shifting purposes was Fair Use.

Also, the unwritten rule of a “300 word” limit on citations would not apply for some online content in which blog entries, for example, might be 300 words or less.

Copyright and the Internet

"The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Net include news stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. That can pose problems for the hapless surfer." – The Copyright Website http://www.benedict.com

http://www.benedict.com/

Copyright Safe Actions for Online Writers

When referencing content created by someone else, it is legally safe to link to other Web sites and to post free graphics and other Public Domain content. Otherwise, it is the duty of the writer to obtain permission from the original author or to verify that the usage would fall under Fair Use criteria.

Copyright Infringement

The following are some of the ways you can infringe on someone else’s copyright protection: copying and pasting information without permission or credit, changing the context or altering the meaning of the original material without clarification, sharing email or other electronic communication without permission of the author, using images or audio or video without permission or credit, etc.

Creative Commons Licenses

Some online content providers, such as Wikipedia, allow distribution of their otherwise copyrighted works. These”Creative Commons Licenses” have various conditional terms for permissable distribution.

Attribution – Licensees may copy, distribute, display and perform the work and make derivative works based on it only if they give the author or licensor the credits in the manner specified.

Noncommercial – Licensees may copy, distribute, display, and perform the work and make derivative works based on it only for noncommercial purposes.

No Derivative Works – Licensees may copy, distribute, display and perform only verbatim copies of the work, not derivative works based on it.

Share-alike – Licensees may distribute derivative works only under a license identical to the license that governs the original work. (See also Copyleft.)

http://en.wikipedia.org/wiki/File:Cc-nc.svg

http://en.wikipedia.org/wiki/File:Cc-nd.svg

Copyright Tips For Online Writers

Never copy the whole of anyone else's material, whether it is a picture, an article, or a layout. The more you copy, the less likely a court is to view your use as “fair,” even if you are doing it for criticism or review


Try to be proportionate. Don't copy the whole of someone else's stuff if a shorter extract will do. Do the shorter extract and then link! The more you take, the more likely it is to be an infringement.


Acknowledge your sources if you do copy, and link to them. Some countries have things called “moral rights” - rights to be attributed as an author of a work. Also, in some countries, if you are relying on a “fair use” type defense, you will need to acknowledge the source, even if your purpose is criticism/review or reporting news. It is also more likely your act will be considered “fair” if you identify your source.


Don't just copy someone else's content, even if it is funny, cool, or interesting, without having some new point or comment or criticism of your own. Copying because you like something is not fair use. Copying because you want to comment or engage with something is more likely to be fair.


Never, ever make money from someone else’s content without seeking permission first or confirming that it is in the public domain.


If you ever receive a request to remove content that is copyrighted, or a cease and desist letter from a corporation, unless you feel you have a legitimate “fair use” defense,” it is easier to just comply and remove the content.


A great resource on copyright in this environment generally is the material collected by Chilling Effects, a joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, and George Washington School of Law clinics. People who are both bloggers AND copyright owners should check out the general descriptions there. The FAQs that are really useful in terms of US law may be found at http://www.chillingeffects.org/

http://www.chillingeffects.org/

What To Do If Your Own Copyright Is Infringed

Avoid the knee jerk reaction. Try to reach an assessment of whether use might be fair.


Remember that it is always better to reach agreement. A polite request to remove material will often work wonders. Do this first.


Writing to the ISP/host is often a 2nd easy step towards having stuff removed. If you encounter problems, some countries have notice and take down provisions: provisions that allow copyright owners to write to the host/ISP and have infringing material removed.


If he/she doesn't stop, then ask yourself whether it's worth the huge money and headache that would be involved in suing. The answer would usually be "no."


As a last resort, hire a copyright lawyer. It doesn't much matter whether he or she is skilled in cyberspace law; experience with copyright law in whatever medium is more important here.

One Last Copyright Tip

Don't be intimidated by copyright law. Most people do not experience copyright infringement allegations or problems, unless they are putting lots and lots of movies or MP3s on their Website or are making money from their work, which includes content created by others (or if your content is accused of being too similar to another’s). Basic common sense will mostly be sufficient to avoid problems: Do not copy too much (if at all) and only copy where it is “fair” - where you are not competing with the owner's market.

Famous Copyright Infringement Cases

Wheaton vs Peters

1834 – First United States Supreme Court ruling on copyright. Formal copyright protection vs. common law copyright. Common law is not enough. Birth of Congressional copyright laws.


Baker vs Selden

1879 - Difference between patent and copyright. In order to protect an idea, the author is obligated to obtain a patent.


Burrow-Giles Lithographic Co. vs Sarony

1884 – Extended copyright protection to photography. Images protected by copyright law too.


Nichols vs Universal Pictures Corporation

1930 – General literary ideas, Stock characters, familiar storylines (“the butler did it,” “starcrossed lovers”), cannot be copyrighted and are not copyright protected.


Alfred Bell & Co. vs. Catalda Fine Arts, Inc.

1951 – Variations of works in the public domain can be copyrighted. “Little Red Riding Hood.” “Noah’s Ark.” History Channel’s “The Bible.”


National Comics Publications vs. Fawcett Publications

1951 – 1970s – One of the longest-running legal battles in comic book publication history. Complicated copyright infringement case. Ended because DC Comics bought the character.


Williams and Wilkins Co. vs United States (1973)Libraries’ photocopying for research is fair use.

Apple Computer, Inc. vs Franklin Computer Corp. (1983)Computer software is protected by copyright.

Sony Corporation of America vs Universal City Studios, Inc. (1984)(The infamous “Betamax Case”)Products with substantial non-infringing uses (such as video recorders) may be sold even if they can be used illicitly.


Irving Berlin et al vs. E.C. Publications, Inc.

1964 – Established legal precedent protecting parody. Parody is fair use.


George Harrison vs Bright Tunes Music Corp.

1981 – George Harrison was found guilty of subconscious plagiarism. Subconscious plagiarism is a possibility.


Anderson vs Stallone

1989 – Unsolicited and unauthorized script of Rocky IV


Vanilla Ice vs Queen and David Bowie

1990 - “Sampling” – still need permission if you make money off it.


Michael Bolton vs the Isley Brothers

1991 - Largest award in music industry for plagiarism -- $5.4 million


John Fogerty vs Creedence Clearwater Revival

1993 – Fogerty accused of plagiarizing himself. Case dismissed.


Feist Publications vs Rural Tele Services Co

1996 - Public domain content cannot be copyrighted unless original data is added to it


Princeton University Press v. Michigan Document Services

1996 - Just because fair use applies in one instance, it doesn’t mean it can be carried over to other instances.


A & M Records vs. Napster

2001 - Compared to Sony VHS case – not all files shared are copyright violations, but enough (the majority) were. Napster’s legal defense missed some valid arguments. The recording industry was shortsighted, ignoring Napster’s built-in infrastructure and audience of millions. File sharing. Peer-to-peer sharing.


Kelly vs. Arriba Soft Corporation (2002)Thumbnail images and inline linking can be Fair Use.

CoStar vs. LoopNet (2004)Internet Service Provider was found not liable for copyright infringement of photographs uploaded by subscribers.

MGM Studios, Inc. vs. Grokster, Ltd. (2005)Distributors of peer-to-peer file-sharing software can be liable for copyright infringement if there are affirmative steps taken to foster infringement.

Perfect 10 vs. Google Inc. (2007)Thumbnail images in online searches were Fair Use.

Assignments Due Next Class

Post at least one new entry in your blog.Read your classmates’ blogs and comment where/when appropriate.

Read the two assigned texts available on the class wiki.GUEST POST ASSIGNMENT DUE.

Continue working on the Final Paper.

VIDEO CLIP

“Copyright Basics”

http://www.youtube.com/watch?v=Uiq42O6rhW4

(7 minutes)

http://www.youtube.com/watch?v=Uiq42O6rhW4

VIDEO CLIP

“When Copyright Goes Bad”

http://www.youtube.com/watch?v=l_C77d7KBHk

(15 minutes)

http://www.youtube.com/watch?v=l_C77d7KBHk

WFOM 10 - Copyright

Education

Transcript of WFOM 10 - Copyright