Hi, my name is Stephanie Towery and I'm a librarian at Texas State University, and
this is a video about copyright Just the basics - what it is -what it isn't. So
copyright is a set of rights that a person who creates a work has in that
work from the time that the work is created. And those rights are: the right
to copy it, the right to distribute it, the right to display it, the right to
perform it, the right to modify it - make new works from it. And I have - if I
created something - I have those rights and nobody else does, so that's why
they're called exclusive rights - so I can exclude other people from doing these
things without asking me permission or by getting a license from me. So the
reason we have that is to encourage people to make new things and to make
new works, and copyright will last for a limited time, and that's supposed to
encourage me to make new things. So in our country copyright lasts for a very
long time. Here it lasts for the life of the Creator plus 70 years. That's not
true of all countries, and there's some variations on that, but that's the basics.
There are some things that aren't protected at all by copyright, so some
things can't be copyrighted, like words, short phrases, simple processes like
recipes, ideas themselves by themselves, like if I had the idea for a movie,
its basic - just the basic idea - that can't be protected by copyright. And then
there's some things that are in what's called the public domain. So at the end
of this period that - of protection that I have - life plus 70 years - everything that
I make will fall into the public domain, which means that now anybody can copy or
distribute or use my work. So it's in the public domain.
Some things are in the public domain from the time that they're created, so
things like the text of laws are in the public domain from the time they're
created. And then some things are in the public domain because of who made them,
so everything in our country - everything that the federal government creates is
in the public domain. It's not true of all countries, it's not true of all
governments, and there's some other ways that things can be in the public domain,
but that's the basic idea. In order to protect - for something to be
protected by copyright - you don't really have to do anything, from the time that
you fix it in what's called a tangible form it's protected. So this video -
because I'm recording it - this the speech of mine from - because I'm recording it,
it is protected by copyright. I don't have to register it with the government.
I can and that will give me some extra advantages, but I don't have to. It is
protected from the time that I fix it in this video. Copyright is a little bit
different from some of the other intellectual property rights like
trademark, patent, trade secrets, trade dress. Patent protects processes and
methods of doing things for - and it can be - in that case to get protection for a
patent you have to file a patent. Patents aren't protected from the time that
they're created - the idea is created, so it's a little bit different ,and you have
a little bit more leeway as to patents can protect an idea as long as it is
not just a simple idea - it's more of a process or a method
It's protected for a shorter period of time, and there's some other things you
have to do. For a trademark - trademark isn't limited by time. It's a little bit
different - things can be both copyrighted and trademark - and protected by trademark,
and or things can be only protected by copyright and not protected by trademark
and vice-versa, so it's just a different idea.
Trademark covers - can cover - short words and phrases and images and, what - how that
works is, it protects those things as long as they're used to promote or sell
a product or service, so it's a little bit different. And then there's trade
dress and trade secrets which are different and won't go into that. So what
else about copyright? So another thing you should know about copyright is that
there are some exceptions to it that we have by law, and those exceptions can
really help because they mean that you can use somebody's copyrighted work
without asking permission or without paying for a license from them. And
there's a variety of exceptions. One of the most important ones is called
fair use, and some people refer to it as a right rather than an exception. And
that just means that you can use someone's copyrighted work without
asking permission or getting a license in certain circumstances. You have to -
there's four factors of fair use - and you have to weigh all the factors against
one another, but generally it's this idea that in certain circumstances you have
the right to use other people's work because there's a benefit to everyone
for having that right to fair use. And one example would be that you have
the right to comment or criticize someone's work, and that you can include
short bits of it to help do that. So that's just one example. I'm trying to think if
there's anything else that I wanted to talk about, that I wanted to say about
copyright. Oh, I don't know if I explained this, but the reason that we have it - the
reason that we have these exclusive rights for a certain period of time - is
to encourage people to make new works. So that's the idea is that the trade-off is
we are going to protect that work so that you get something from that - you can
sell you know copies of your novel - nobody else can do that -
so that it's supposed to encourage you to do it. That's the idea at least. I
think that's everything.
Well anyway I'm gonna be making more of these videos, so please watch for more,
and thank you very much.
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