KnowYourRights ...

[ Pobierz całość w formacie PDF ]
Know [ Your Rights:copyright 101 for jewelry Artists[Copyright: Just the Facts[Important note: This sheet is a summary of basic principles of copyrightlaw. However, copyright issues usually depend on the specific facts andcircumstances, and some of these principles may not apply.This summarydoes not take the place of consultation with a lawyer.•In the United States, an original work of authorship (for example, a knitting pattern, a painting,a magazine article, or blog post), once in its fixed and final form, is automatically protectedby copyright, whether or not it has been published formally.•You can’t copyright a concept, but the expression of that concept may be copyrightable.> Pattern instructions or the words of a recipe may be copyrightable expressionsof uncopyrightable concepts. However, purely functional lists of materialsor ingredients and standard instructions for assembling the materials orcombining ingredients may not be protected by copyright.•Copyright infringement is a use of a copyrighted work that violates the copyright holder’ssole right to benefit from and control the way a work is used. This includes:> Making photocopies of a pattern or article for distribution. For example::Making a copy of a pattern for your friends:Photocopying a pattern at a store rather than purchasing it> Distributing a digital version of a pattern or article. For example::Republishing a pattern on a blog or website:Selling digital versions of a print product•Individual use of published materials is usually allowed. Some examples:> Making a project from published instructions for your own use> Making a project to give as a gift> Making a photocopy for your own use from a book or magazine you own•Works whose term of copyright has expired and cannot be restored, or works that are published withan explicit forfeiture of copyright, are in the public domain. Whether a work is in the public domaindepends on the law of each country where the work has been published. A work that is in the publicdomain in the United States may still be protected by copyright elsewhere in the world.> “Public domain” does not mean that the work is available on the Internet, well-known, or out of print.•Small portions of works may be reproduced for nonprofit, educational, and commentary- orcritique-related uses under proper circumstances. This is called fair use.•Teaching a class around copyrighted materials is always okay, as long as students are requiredto obtain legitimate copies of the materials.•Reselling a physical product that has been lawfully purchased (book, magazine, or DVD) isalways okay. Under most circumstances, however, digital products may not be resold.•When in doubt about how you’re using a published work, check with the author and/or publisher.1[ For CraftersQ:What is copyright?Copyright is the legal protection of an author’s rights over his or her worksof authorship.Q: How does copyright work?Any “original work of authorship” in a fixed, tangible form of expression can becopyrighted. An idea cannot be copyrighted, but the expression of that idea—in words, images, or other forms—can be. For example, the concept of a plainstockinette-stitch cardigan cannot be copyrighted, but specific words describinghow to make one can be copyrighted under the proper circumstances.Copyright is considered a personal-property right. The copyright holder(the author, or someone to whom he or she has transferred exclusive rights)is the only party who has the right to:•Reproduce the work•Produce derivative works based on the original•Control the distribution of copies of the work•Perform the work publicly (in the case of literary, musical,dramatic, and other audio-visual works)•Display the work publicly.Any original piece automatically receives copyright protection, even withoutformal publishing or registration with a government copyright office.In most countries that recognize copyright as a personal-property right, copyrightexpires after a fixed amount of time, often a period measured by the life of theauthor and 50 or 70 years after the author’s death. In the United States, copyrightterms for works created after January 1, 1978, currently last for 70 years after theauthor’s death, or 95 years from the date of publication/120 years after the dateof creation (whichever is shorter) if the copyright holder is not a recognizableindividual (for example, an anonymous author or a corporation). Different termsmay apply for works created in the past.Copyright is honored across international borders in the 164 countries that havesigned the Berne Convention. The details in this article pertain specifically tocopyright in the United States. Refer to government copyright offices for detailsabout copyright law in other countries.[2 ©Q:What is copyright infringement?Copyright infringement is any use of a work that violates the copyright holder’s exclusiveright to benefit from and control the work. The issue at the heart of copyrightprotections is unauthorized copies—that is, any duplication, replication, or reproductionof the original work that infringes on the exclusive rights of the copyright holder.In the craft market, unauthorized copies could range from simple photocopiesto digital files to handwritten copies of copyrighted pattern instructions from amagazine or book.Q:What’s the point?Copyright protections help keep authors, designers, and publishers in business.When the creators of a work can enforce their ability to benefit from a work, theycan continue to create new works with the same quality standards.Q:What if I change a certain percentage of an originalcopyrighted work? Does it then become mine?Technically, no specific amount of changes will free an original copyrightedwork of its protections. If your new work is a derivative of another copyrightedwork, you should obtain permission from its owner before publishing the newwork or claiming it as your own.Sometimes it is hard to draw a line between what is protected and what is notprotected. In the practical crafting world, for example, there is a lot of overlapbetween works. The expression of those works must be original to each piece—three nearly identical cabled sweaters or peyote-stitch bracelets can peacefullycoexist if the patterns are original to each piece. There are only so many differentways to combine knits and purls or beads and thread; the fact that three peoplecame up with similar ways to combine them doesn’t necessarily mean that anyonecopied from anyone else.Also, there are only so many different ways to give instructions on how to knit orhow to bead, and common words and phrases used in instructions may not beprotected under copyright.Q:Is everything published by Interweave copyrighted?Yes. In general, any new work is automatically copyrighted, whether it comes outof an established publishing company or not.At Interweave, and at many publishing companies, copyright to the work as submittedto the publisher is kept by the original author subject to the rights that the author grantsto the publisher. Copyright to the work as published (with alterations and additionsthat result from editing, i.e., illustrations, charts, technical editing, photography) is heldby the publisher. Authors often grant the right to be the exclusive publisher of a work forsome period of time to their publishers, preventing authors from publishing their ownversion of the work until that period expires.Q:so how come I can make a project from a magazinewithout infringing copyright?At the beginning of Interweave magazines and books, you’ll see a note about how thepatterns within may and may not be used. In most cases, Interweave grants individualconsumers a license to make and enjoy the projects from the work for their ownpersonal use. Making photocopies from a magazine or book you own for your ownpersonal use is okay, too.Q:What’s fair use?Fair use is an exception to the rights granted to copyright holders by copyright law.It’s a concept that allows limited use of a copyrighted work without permission fromthe copyright holders for uses such as criticism and commentary, news reporting,teaching, and scholarship. Fair usage depends on the nature of the use (nonprofit/educational use is likely to be okay, commercial uses are less likely to be okay); thenature of the original work; the amount of the work used in relation to the whole(a short excerpt is usually fine, while republishing a longer excerpt is probably not);and the effect of the usage on the value or potential market for the work.It’s important to remember that fair use is not an affirmative right. Rather, it’s a defenseto a claim for copyright infringement. You will find out only if your decision to rely onfair use rather than getting permission from the copyright holder was the right decisionif the copyright holder later sues, and the court decides that the use was fair use.You may not want to take the risk of defending and losing an infringement claim. Whenin doubt, or if you are unwilling to take this risk, it’s always best to ask for permissionfrom the copyright holder.4Q:Is it fair use to put a picture from a magazine or book5Q:Can I make and sell projects I found in a book or magazine?The projects instructions... [ Pobierz całość w formacie PDF ]

zanotowane.pl

doc.pisz.pl

pdf.pisz.pl

bloodart.opx.pl