Points of View

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The Case for Awareness of Copyright Laws

By CHRISANNA WALDROP

Until recently, few people other than professional writers and editors gave copyright issues much thought. But our Founding Fathers considered the concept so important that they included it in the U.S. Constitution: "The Congress shall have Power...to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries...."

With the advent of the Internet, and the speed and ease with which a work can be copied, forwarded, modified, and misappropriated, authors' ability to control their own work has been undermined. It is more important than ever that both authors and users be knowledgeable about their rights, options, and liabilities.

To help the campus navigate the morass of issues involving copyright, the Office of Research last year launched the Copyright Program. In addition to providing advice and guidance about UC copyright policies, the program helps the campus disseminate newly created knowledge by licensing appropriate works. Often these licenses generate revenue that directly benefit both author and campus, in addition to reaching new audiences and drawing public attention to UCSB.

Because so much about copyright depends on each particular situation, generalizations are difficult. That said, certain basics are worth bearing in mind. First, some definitions and distinctions:

Federal law protects original creative work—literature, software, music, drama, choreography, art, film, sound recordings, architecture—set down in a "tangible medium of expression," such as videotape, disc, or paper.

According to the last part of the definition, live performances cannot be copyrighted but videotaped recordings of that performance can be, as can written music or choreography performers use. Ideas, such as boy-meets-girl, cannot be copyrighted, but their various expressions can. And different people may even own different expressions of the same item.

For example, if a photograph of the 1925 Santa Barbara earthquake taken by Person A falls into the public domain, Person B who creates a jpeg of the image and posts it on the Internet may own that electronic image. Each copyright holder owns a "bundle of rights" to his or her work; these may be assigned, sold, licensed, or controlled together or separately, depending on the owner's preference. Through license agreements, the copyright holder can control conditions of use, including financial compensation.

Secondly, the Copyright Program is the only entity on campus authorized to negotiate and license University-owned copyrightable works to external parties.

Finally, "fair use," which is specifically recognized in copyright law, allows people to use the work of others without their express permission, but only under certain rules and conditions. Because fair use is an equitable rule of reason, interpretation can be tricky. In general, to avoid copyright infringement, ask permission whenever possible and keep the content copied to a few lines.

For more information, please feel free to contact the Copyright Program at x7773 or at research.ucsb.edu/tech_transfer/copyright.shtml.