Lecture 5

Question 1

Just like a physical thing, a copyright or patent may be

Answer 1

• Sold
• Given away
• Bequeathed to someone at death

Question 2

What if you’d like others to use your copyrighted work?

Answer 2

• As long as they credit you properly (US copyright law says NOTHING WHATEVER about credit/attribution
• As long as they’re not making money o it
• As long as they share too
• Or some combo of the above

Question 3

Uses of creative commons

Answer 3

• Photos for presentations and teaching (credit line)
• Pod-safe music for podcasters, video makers
• Reusable/remixable texts

Question 4

How to find CC licensed material

Answer 4

• Google images “search tools” “usage rights”

- Creativecommons.org

Question 5

Sony v. Universal City Studios

Answer 5

established the tech that can be used to infringe copyright are still legal as long as they also have “substantial non-infringing uses”

Question 6

Time-shifting is…

Answer 6

legal

• Recording via DVR for later watching? Okay.
• but “Format-shifting” can infringe copyright.

Question 7

Copyright does not require…

Answer 7

DRM

-the law does not require tht you protect your copyrighted work. You can always sue for infringement

Question 8

DRM inhibits user rights over digital info under existing copyright law

Answer 8

• No exceptions for fair use
• No exceptions for accessibility, even though that is the law too
• No exceptions for other copyright exemptions

Question 9

DRM degrades usability of digital materials throughout their useful life

Answer 9

• DRMed materials are often harder to buy
• They are almost always harder to get working
• DRM makes library ebook lending an utter usability nightmare
• DRM can destroy you legally made purchases (amazon kindle, 1984)
• The obsolescence of a phone-home DRM scheme can destroy your ability to use your purchased digital materials

Question 10

Digital Millennium Copyright Act (1996)

Answer 10

• Illegal to break DRM where doing so may infringe copyright
• No exceptions for cultural-memory institutions. Or fair use. No, not even for preservation.
• ISPs must take down allegedly copyrightinfringing content when notified
• Due process? What due process?
• Escape hatch: every three years, the Librarian of Congress can enact DMCA exemptions.

Question 11

2016 temporary security research exemption

Answer 11

Legal “to conduct controlled research on consumer devices so long as the research does not violate other laws”

Question 12

DMCA Takedown Abuse

Answer 12

• It’s rampant. It’s everywhere.
• Takedown notices for obvious fair uses
• Takedown notices for material the notice provider doesn’t even own copyright in
• Takedown notices intended to censor criticism, commentary, or satire
• “Takedownbots” issue automated takedown notices, many of them utterly unfounded