A Primer of copyright in the digital age for photographers and image makers

1. Richard Kelly, photographer & educator
2015• f/295 symposium • Pittsburgh
A Primer for
Photographers &
Image-Makers
Copyright in the Digital Age:

2. Copyright in the Digital Age:
start the conversation

3. Copyright in the Digital Age:
@richardkellypho
facebook.com/richard.kelly

4. Copyright in the Digital Age:
@richardkellyphoto
richard@richardkelly.com

5. Copyright in the Digital Age:
#

6. Copyright in the Digital Age:
©

7. M y t h s
M i s c o n c e p t i o n s
F e a r s

8. Copyright in the Digital Age:
*

9. Copyright in the Digital Age:
©opyright = Art
artist perceptions

10. Copyright in the Digital Age:
Art = Emotion (: ~)
artist realities

11. Copyright in the Digital Age:
Emotion (: ~( ≠ ©opyright
artist conflicts

12. Copyright in the Digital Age:
i

13. Advocacy
Awareness
Tools
Artists

14. Copyright in the Digital Age:
3

15. Copyright
Legal
Economic
Cultural
Emotional

16. Copyright
Legal
Economic
Cultural
Emotional

17. Copyright
Legal
Economic
Cultural
Emotional

18. Copyright
Legal
Economic
Cultural
Emotional

19. Copyright
Legal
Economic
Cultural
Emotional

20. Copyright in the Digital Age:
i i

21. Copyright in the Digital Age:
U.S. Constitution
Legal

22. “
”
United States Constitution, Article I, Section 8
The Congress shall have Power...
To promote the Progress of Science and useful
Arts, by securing for limited tımes to Authors
and Inventors the exclusive Right to their
respective Writings and Discoveries.
Copyright in the Digital Age:

23. “
”
U.S. Copyright Office circular1a
“...the purpose of the copyright
system has always been to
promote creativity in society...”
Copyright in the Digital Age:

24. “
”
Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-50 (1991)
“The primary objective of copyright is not to
reward the labor of authors, but "[t]o
promote the Progress of Science and useful
Arts." To this end, copyright assures authors
the right in their original expression, but
encourages others to build freely upon the
ideas and information conveyed by a work.”
Copyright in the Digital Age:

25. Copyright in the Digital Age:
Boulevard du Temple", a daguerreotype made by Louis Daguerre in 1838

26. “
”
Copyright in the Digital Age:
March 3, 1865
photographs and photographic
negatives added to protected works

27. Copyright in the Digital Age:
Copyright Act of 1976
§ 106 · “Exclusive rights in copyrighted works {38}
Subject to sections {107} through {122}, the owner
of copyright under this title has the exclusive rights
to do and to authorize any of the following:”
§ 104a Subject Matter and Scope of Copyright • Copyright Law of the United States 17

28. © 1976 Exclusive Rights
Copyright in the Digital Age:

29. to reproduce the copyrighted work in copies
© 1976 Exclusive Rights
Copyright in the Digital Age:

30. to prepare derivative works based upon the
copyrighted work;
© 1976 Exclusive Rights
Copyright in the Digital Age:

31. to distribute copies to the public by sale or other
transfer of ownership, or by rental, lease, or lending;
© 1976 Exclusive Rights
Copyright in the Digital Age:

32. © 1976 Exclusive Rights
to perform or display the copyrighted work
Copyright in the Digital Age:

33. “
”
Copyright in the Digital Age:
§ 102 of the Act,
copyright protection extends to ‘original works of
authorship fixed in any tangible medium of
expression, now known or later developed, from
which they can be perceived, reproduced, or
otherwise communicated, either directly or with the
aid of a machine or device.’”

34. “
”
Copyright in the Digital Age:
§ 102 of the Act,
copyright protection extends to ‘original works of
authorship fixed in any tangible medium of
expression, now known or later developed, from
which they can be perceived, reproduced, or
otherwise communicated, either directly or with the
aid of a machine or device.’”

35. “
”
Copyright in the Digital Age:
§ 102 of the Act,
copyright protection extends to ‘original works of
authorship fixed in any tangible medium of
expression, now known or later developed, from
which they can be perceived, reproduced, or
otherwise communicated, either directly or with the
aid of a machine or device.’”

36. “
”
Copyright in the Digital Age:
you create it • you own it

37. “
”
Copyright in the Digital Age:
you create it • you own it

38. “
”
Copyright in the Digital Age:
copyright is for everyone

39. Copyright in the Digital Age:
i i i

40. Copyright in the Digital Age:
Copyright 1976
Work Made for Hire

41. Copyright in the Digital Age:
Copyright 1976
Work Made for Hire

42. Copyright in the Digital Age:
Copyright 1976
Work Made for Hire

43. Copyright in the Digital Age:
Copyright 1976
Work Made for Hire

44. “
”
Copyright in the Digital Age:
...if the parties expressly agree in
a written instrument signed by
them that the work shall be
considered a work made for hire.

45. Copyright in the Digital Age:
if you engage other collaborators...

46. Copyright in the Digital Age:
Copyright treaty in March 1989
Berne Convention

47. Copyright in the Digital Age:
Copyright Term Extension 1998
life of the author plus 70 years

48. Copyright in the Digital Age:
October 28, 1998
Digital Millennium Copyright Act

49. Copyright in the Digital Age:
October 28, 1998
Digital Millennium Copyright Act

50. Copyright in the Digital Age:
modern day < > copyright war

51. Copyright in the Digital Age:
© Left < artists > Right ©

52. Copyright in the Digital Age:
© Left < artists > Right ©

53. Copyright in the Digital Age:
© Left < artists > Right ©

54. Copyright in the Digital Age:
Copyright 1976
fair use

55. parody
education
scholarship & research
news reporting
criticism
comment
fair use
Copyright in the Digital Age:

56. Copyright in the Digital Age:
iv

57. compensation
control
copyright
Copyright in the Digital Age:

58. Copyright in the Digital Age:
copyright practice • compensation
Permission

59. Copyright in the Digital Age:
copyright practice • compensation
Licensing

60. Copyright in the Digital Age:
copyright practice • control
don’t have it

61. “
”
Copyright in the Digital Age:
“everyone is a copyright
infringer...we infringe copyright
everyday.
-David Carson former General Counsel US Copyright Office

62. Copyright in the Digital Age:
copyright practice • control
have control

63. always be sharing
own your marketplace
control(s)
be ahead of the stealing
Copyright in the Digital Age:

64. Copyright in the Digital Age:
v

65. online markets
image search
tools
retroactive licensing
© registration
Copyright in the Digital Age:

66. Copyright in the Digital Age:
tools
image seach

67. Copyright in the Digital Age:
tools

68. Copyright in the Digital Age:
tools

69. Copyright in the Digital Age:
you may receive statutory damages
and attorney fees
if registered before infringement -
full benefit of the copyright law
must register to file infringement suit
© registration

70. Copyright in the Digital Age:
tools

71. Copyright in the Digital Age:
tools

72. Copyright in the Digital Age:
tools

73. Copyright in the Digital Age:
tools

74. Copyright in the Digital Age:
vi

75. Copyright Alliance
advocacy
Creative Commons
ASMP
Copyright in the Digital Age:

76. Copyright in the Digital Age:
tools

77. Copyright in the Digital Age:
advocacy

78. resources
Copyright in the Digital Age:

79. Copyright in the Digital Age:
advocacy

80. Copyright in the Digital Age:
advocacy

81. Copyright in the Digital Age:
advocacy

82. Copyright in the Digital Age:
advocacy

83. Copyright in the Digital Age:
other tools

84. Copyright in the Digital Age:
other tools

85. Copyright in the Digital Age:
?

86. Copyright in the Digital Age:
continue the conversation

87. Copyright in the Digital Age:
@richardkellyphoto
richard@richardkelly.com

88. Copyright in the Digital Age:
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