Canon Law

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rcri.copyright

What is (C)

  • 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.

US Constitution, Article I, section 8

17USC102

  • (a)Copyright protection subsists, in accordance with this title, in 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. Works of authorship include the following categories:
    • (1)literary works;
    • (2)musical works, including any accompanying words;
    • (3)dramatic works, including any accompanying music;
    • (4)pantomimes and choreographic works;
    • (5)pictorial, graphic, and sculptural works;
    • (6)motion pictures and other audiovisual works;
    • (7)sound recordings; and
    • (8)architectural works.
  • (b)In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

17USC106 -Exclusive right to

  • reproduce the copyrighted work in copies or phonorecords
  • prepare derivative works based upon the copyrighted work
  • distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
  • perform the copyrighted work publicly in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works
  • display the copyrighted work publicly in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work

Term, Authorship, Use

Who holds the copyright? - Author For how long? “70 years or 80 if you are strong” - depends on work and What is public domain?

  • Not protected because, out of scope, it expired or was forfeited, it predates copyright, US Gov works,
  • except KJV in UK perpetual crown copyright. Peter Pan in UK, given to a hospital.

What is CC license

  • License to use C works with certain limits
  • It may limit your rights, e.g. netflix limits your

What is perpetual copyright?

  • KJV in UK perpetual crown copyright. Peter Pan in UK, given to a hospital.

Piracy

  • Brits till Statute of Anne 1710 then police
  • Americans stole Dickens and printed it in the US
  • US copyright law 1790, but only for works by US Citizens and residents, not Dickens. American publisher/collaborator.
  • Twain complained: pirated dickens unfairly complete with my works, AND canada is pirating my works.

Int'l copyright -

Licensing

  • What is a license? permission to use - limit by use, time, space, could be oral: Music: onelicense and other music licensing services Copyright clearance center. Copyright.COM
  • Do I need to pay? - maybe
  • What if… we do it anyway? lawsuit, injustice, takedown notice, the fall on your sword letter.
  • What about fair use? - if it's worth using, it's not fair use…. an insubstantial portion. If it's insubstantial, why copy it? “amount and substantiality.” To commentary, criticism, etc. Education, nonprofit, use little, is not fair use.
  • Schools: 250 words of a poem, 2500 word article or essay, or exerpt of < 1000 words or < 10%.
  • What about first sale - once a book is sold, you can resell it without repaying the copyright. Software is usually licensed - not sold.
  • Youtube? recording / broadcasting license
  • Zoom? isn't that ok? national emergency, pandemic? license
  • Play Youtube for event? license, they are only allowed for personal use.
  • But I dont have time - dont use.

Worship services exception

  • 17USC§110(3) Notwithstanding the provisions of section 106, the following are not infringements of copyright:
    • (3) performance of a nondramatic literary or musical work or of a dramaticomusical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly;
  • only for singing a song, not photocopy, broadcast, print, record, worship aid, etc.

Etc

  • Works made for hire
  • What about the bible?
    • Is there any good news - well, there's the bible
  • And AI - not original works of authorship, must disclose ai assistance if used, potentially massive copyright infringement, being based only on original works of authorship fixed in tangible media of expression…..

Registration -

Related best practices:

  • don't post images without permission, comm people have implied permission for sisters, others “hey can I get your picture for social media, and stuff”
  • prayer requests: permission to post, understand that it could be read by a stranger on the street. Don't share personal prayer info, don't say they will in the hospital for weeks - (and their house will be empty).
  • Created works, justice to the creator, support those who enrich and beautify our lives and our worshop.

What's a sister to do?

  • Use only works in the public domain or with CC licenses
  • Obtain permission directly, pay as needed.
  • Stay within fairuse guidelines
  • Buy a blanket license, pay as needed.
  • Hire a lawyer / develop a policy

FEL v Archbishop of Chicago

/users/ahereford.org/htdocs/canonlaw/data/pages/rcri.copyright.txt · Last modified: 2023/09/05 09:46 by amycsj