Sample Corporate Copyright FAQ

I wrote up this sample Copyright FAQ (with help) intended to guide employees at work; the company was kind enough to let me share it. Let me know what you think.

COPYRIGHT FAQ

These Frequently Asked Questions have been developed to address the copying of another person’s words or other expressions.

Copyright protects “original works of authorship” from unauthorized use or reproduction. Generally speaking it covers virtually a

ll permanent forms of expression including writings, pictures, music, and objects. However, Copyright only protects the author’s expression not the author’s idea. Please see the Copyright FAQ for questions regarding the use of any documents or multimedia.

In contrast, Trademark law protects symbols, words, and devices that are used to mark goods and services in commerce. It is designed to prevent public confusion as to the source of the good. Thus Trademark law only protects the mark from being used in connection with the sale of a good or service. Please refer to the Trademark FAQ for questions regarding logos, symbols, slogans, and product and company names.

1. May I make copies of an external article and pass them out to my group?
   1. No. You may not copy an article without a license or express permission to do so. There may be some instances where you can reproduce parts of an article, but simply copying an entire article is a copyright violation. Whether your reproduction is intended for internal or external circulation is irrelevant.This same rule applies to electronic documents. Emailing, forwarding, or posting an article or other work to a share drive is copying, and it is illegal without the author’s permission.

2. The company may have purchased permission to copy. The company has purchased a license from Copyright Clearinghouse, which gives the company a limited license to copy and circulate within the company articles from certain named publications. You can visit the website for a list of publications – www.copyright.com – or contact Legal or Corporate Com for more information.

2. I found an article I want to discuss with my group; may I email it to them?
   1. No. Emailing an entire article (e.g., a PDF) is the same as photocopying the article (see Question #1 above).
   2. However, you may copy the headline or a short relevant quote from the article and attach a hotlink to the full article. This is considered Fair Use (see Question #4 below), because you are essentially commenting on the article by telling your recipients, “Hey, this is a good/bad article, check it out.” And, your link will send more readers to the author’s website and potentially boost his or her revenues.
   3. Check for permission. Many articles and websites expressly give permission to forward the article. Check for a note at the bottom of the article.

3. Copying an article is ok as long as I cite the source, right?
   1. No. As noted above, it is illegal to copy a copyrighted work without a license or the author’s permission, regardless of whether you cite the source. Copying and quoting another’s work is generally ok in school as long as you cite the source because quoting source material for an academic purpose is considered a “Fair Use” of the material, excepted from the general prohibition. The Fair Use doctrine also permits copying in certain commercial circumstances (see Question #4 below), but simply citing the source is not enough.

4. May I quote portions of an article?
   1. Sometimes. In the commercial context, Fair Use allows you to copy small portions of external articles and include them in your own work. However there are several conditions:

(1) The reason WHY you are copying portions of the article is the most important factor. Your use of the copyrighted work must be “transformative.”

When taking portions of copyrighted work, ask yourself the following questions:

•Has the material you have taken from the original work been transformed by adding new expression or meaning?

•Was value added to the original by creating new information, new aesthetics, new insights, and understandings?

You are “adding value” if you use the copied portion to: criticize or comment on the work, criticize or comment on the subject matter of the work, or to support your own arguments, or parody the work.
If you are merely passing along the content of the article, you are infringing the author’s copyright.

(2) The possible financial impact of your use on the author is very important. Copying a work so you don’t have to buy it is illegal, but referencing its ideas is ok. Content published on the internet typically generates revenue by advertising to the site’s visitors; therefore hits on a website are equivalent to lost sales. This is why, if you want to forward an article that you found on line to others, the best practice is to copy the headline or a relevant sentence and include a hotlink to the full article.

(3) You must use as little of the external work as possible to make your point.

1. Example: You find marketing materials online containing a short article on creative ways to manage angry customers. You may create your own summary or list restating the article’s ideas in your own words. But, you may NOT simply copy the article or quote it verbatim.

2. Example: Several local newspapers publish articles complaining about service during a particular incident. You need to write an internal memo on the incident. You may copy the short specific portions of the articles that are relevant to your point and include the quotations in your memo along with a citation to the source. But, you may NOT simply copy an entire article and attach it.

5. Can I use the facts and conclusions in a study or an article without violating copyright?
   1. Yes. Facts and ideas are not copyrightable, so you may use any factual information or factual conclusions you glean from a document. If the document contains any raw data, you may copy the data. However, you must be careful to copy only the raw factual data and not the author’s creative expressions, illustrations, or arrangement of the facts.

1. Example: If this FAQ were an external article, you could copy the factual portions of it. The statements in the answers are pure facts (e.g., “Facts are not copyrightable…”) that may be copied. The questions and examples are creative expressions and illustrations that may not be copied.

6. May I play a movie or song clip in my meeting?
   1. Yes, if it is a very short segment. There are several requirements:
      - You may only play a brief clip; a good rule of thumb is 30 seconds for songs, 3 minutes for videos, or 10% of either, whichever is less.
      - You must play the clip from a legitimate source – DVDs or official music videos on Youtube are ok, TV shows and songs that are pirated and posted online are not.
      - Your use of the clip must be “transformative” (see Question 3). Using the clip to make a point, to comment on the subject, or make a parody that is transformative, as long as you use a very small portion.
      - Do not use any clips in marketing efforts. Generally avoid using clips in meetings that include non-employees.

7. May I use another company’s logo in my presentation?
   1. Sometimes. Logos are often protected under both copyright and trademark law. You may NOT use a company’s logo in connection with the sale of a good or service. See the Trademark FAQ for more information.
   2. If your use is not in connection with the sale of a good or service, you may use the logo as long as you meet the Fair Use requirements in Question #3.

8. How do I know if a work is copyrighted?
   1. Assume all works are copyrighted. All that is needed for a copyright to attach is that a work be “original” and “fixed.” Generally speaking, anything written down is copyrightable. However, there are several things that cannot be protected: the idea behind a work or expression, facts, discoveries, and words and short phrases. Words and short phrases may be trademarked – if so, they can be used as long as you don’t use them to sell a product or service.

9. Are private emails and letters protected by copyright?
   1. Yes. Technically speaking, what an individual types in an email may be an original work of authorship, and copyrightable. That said, copying or forwarding an email is generally allowed by Fair Use as long as you are continuing the conversation or making a comment on the content.

10. Can I copy reports created by the US Government?
    1. Yes. Documents produced by the government are in the public domain.

11. Are there any sources I should never copy from?
    1. Yes. If you pull an article from a special database or receive an article from a vendor, it is possible the article has been provided subject to special license or confidentiality terms that restrict reproduction or distribution. Common examples are market price periodicals, commercial database search results or software manuals. If you have questions regarding your ability to reproduce or distribute, ask the subject matter expert responsible for the source.

12. What are the costs of copyright infringement?
    1. Very high. An infringed author can get damages as high as $150,000 per infringed work and any profits earned as a result of using the infringed work.

13. When should I talk to Legal? Use your best judgment. As a rule of thumb, you should check with Legal if you want to quote an author’s work in a public document (such as a newsletter) or in any kind of marketing effort.

This is merely a sample. It is intended for general information, and it should not be relied on as Legal Advice. I cannot guarantee the accuracy of the information presented here. Please consult a lawyer for Legal Advice.

“Jersey Shore” Gone Wilde – With British Accents

What if the characters of Broadway’s The Importance of Being Earnest traveled through a time warp and woke up on the beach with Snooki, The Situation and the rest of the gang of MTV’s “Jersey Shore”? In an exclusive video series created for Playbill by Earnest stars Santino Fontana and David Furr, the Roundabout Theatre Company cast puts “Jersey” in the mouths of Oscar Wilde’s famed Britons. Think of it as a comedy of bad manners. Part 1 in a multi-part series. To see Part 2, click here.

via Video – “Jersey Shore” Gone Wilde, Part 1.

Amazon Japan Reveals its Top 10 Games of the Decade

# Dragon Quest IX (DS)

# Final Fantasy XIII (PS3)

# New Super Mario Bros. Wii (Wii)

# Wii Fit (Wii)

# Tomodachi Collection (DS)

# Monster Hunter Freedom Unite (PSP)

# Dragon Quest VIII (PS2)

# New Super Mario Bros. (DS)

# Animal Crossing Wild World (DS)

# Final Fantasy XII (PS2)

via Amazon Japan Reveals its Top 10 Games of the Decade.

My Favourite Fairytale

Bearskin

The Brothers Grimm

THERE was once a young fellow who enlisted as a soldier, conducted himself bravely, and was always the foremost when it rained bullets. So long as the war lasted, all went well, but when peace was made, he received his dismissal, and the captain said he might go where he liked. His parents were dead, and he had no longer a home, so he went to his brothers and begged them to take him in, and keep him until war broke out again. The brothers, however, were hard-hearted and said, “What can we do with thee? thou art of no use to us; go and make a living for thyself.” The soldier had nothing left but his gun; he took that on his shoulder, and went forth into the world. He came to a wide heath, on which nothing was to be seen but a circle of trees; under these he sat sorrowfully down, and began to think over his fate. “I have no money,” thought he, “I have learnt no trade but that of fighting, and now that they have made peace they don’t want me any longer; so I see beforehand that I shall have to starve.” All at once he heard a rustling, and when he looked round, a strange man stood before him, who wore a green coat and looked right stately, but had a hideous cloven foot. “I know already what thou art in need of,” said the man; “gold and possessions shall thou have, as much as thou canst make away with do what thou wilt, but first I must know if thou art fearless, that I may not bestow my money in vain.” “A soldier and fear – how can those two things go together?” he answered; “thou canst put me to the proof.” “Very well, then,” answered the man, “look behind thee.” The soldier turned round, and saw a large bear, which came growling towards him. “Oho!” cried the soldier, “I will tickle thy nose for thee, so that thou shalt soon lose thy fancy for growling,” and he aimed at the bear and shot it through the muzzle; it fell down and never stirred again. “I see quite well,” said the stranger, “that thou art not wanting in courage, but there is still another condition which thou wilt have to fulfil.” “If it does not endanger my salvation,” replied the soldier, who knew very well who was standing by him. “If it does, I’ll have nothing to do with it.” “Thou wilt look to that for thyself,” answered Greencoat; “thou shalt for the next seven years neither wash thyself, nor comb thy beard, nor thy hair, nor cut thy nails, nor say one paternoster. I will give thee a coat and a cloak, which during this time thou must wear. If thou diest during these seven years, thou art mine; if thou remainest alive, thou art free, and rich to boot, for all the rest of thy life.” The soldier thought of the great extremity in which he now found himself, and as he so often had gone to meet death, he resolved to risk it now also, and agreed to the terms. The Devil took off his green coat, gave it to the soldier, and said, “If thou hast this coat on thy back and puttest thy hand into the pocket, thou wilt always find it full of money.” Then he pulled the skin off the bear and said, “This shall be thy cloak, and thy bed also, for thereon shalt thou sleep, and in no other bed shalt thou lie, and because of this apparel shalt thou be called Bearskin.” After this the Devil vanished.

The soldier put the coat on, felt at once in the pocket, and found that the thing was really true. Then he put on the bearskin and went forth into the world, and enjoyed himself, refraining from nothing that did him good and his money harm. During the first year his appearance was passable, but during the second he began to look like a monster. His hair covered nearly the whole of his face, his beard was like a piece of coarse felt, his fingers had claws, and his face was so covered with dirt that if cress had been sown on it, it would have come up. Whosoever saw him, ran away, but as he everywhere gave the poor money to pray that he might not die during the seven years, and as he paid well for everything he still always found shelter. In the fourth year, he entered an inn where the landlord would not receive him, and would not even let him have a place in the stable, because he was afraid the horses would be scared. But as Bearskin thrust his hand into his pocket and pulled out a handful of ducats, the host let himself be persuaded and gave him a room in an outhouse. Bearskin was, however, obliged to promise not to let himself be seen, lest the inn should get a bad name.

As Bearskin was sitting alone in the evening, and wishing from the bottom of his heart that the seven years were over, he heard a loud lamenting in a neighboring room. He had a compassionate heart, so he opened the door, and saw an old man weeping bitterly, and wringing his hands. Bearskin went nearer, but the man sprang to his feet and tried to escape from him. At last when the man perceived that Bearskin’s voice was human he let himself be prevailed on, and by kind words bearskin succeeded so far that the old man revealed the cause of his grief. His property had dwindled away by degrees, he and his daughters would have to starve, and he was so poor that he could not pay the innkeeper, and was to be put in prison. “If that is your only trouble,” said Bearskin, “I have plenty of money.” He caused the innkeeper to be brought thither, paid him and put a purse full of gold into the poor old man’s pocket besides.

When the old man saw himself set free from all his troubles he did not know how to be grateful enough. “Come with me,” said he to Bearskin; “my daughters are all miracles of beauty, choose one of them for thyself as a wife. When she hears what thou hast done for me, she will not refuse thee. Thou dost in truth look a little strange, but she will soon put thee to rights again.” This pleased Bearskin well, and he went. When the eldest saw him she was so terribly alarmed at his face that she screamed and ran away. The second stood still and looked at him from head to foot, but then she said, “How can I accept a husband who no longer has a human form? The shaven bear that once was here and passed itself off for a man pleased me far better, for at any rate it wore a hussar’s dress and white gloves. If it were nothing but ugliness, I might get used to that.” The youngest, however, said, “Dear father, that must be a good man to have helped you out of your trouble, so if you have promised him a bride for doing it, your promise must be kept.” It was a pity that Bearskin’s face was covered with dirt and with hair, for if not they might have seen how delighted he was when he heard these words. He took a ring from his finger, broke it in two, and gave her one half, the other he kept for himself. He wrote his name, however, on her half, and hers on his, and begged her to keep her piece carefully, and then he took his leave and said, “I must still wander about for three years, and if I do not return then, thou art free, for I shall be dead. But pray to God to preserve my life.”

The poor betrothed bride dressed herself entirely in black, and when she thought of her future bridegroom, tears came into her eyes. Nothing but contempt and mockery fell to her lot from her sisters. “Take care,” said the eldest, “if thou givest him thy hand, he will strike his claws into it.” “Beware!” said the second. “Bears like sweet things, and if he takes a fancy to thee, he will eat thee up.” “Thou must always do as he likes,” began the elder again, “or else he will growl.” And the second continued, “But the wedding will be a merry one, for bears dance well.” The bride was silent, and did not let them vex her. Bearskin, however, travelled about the world from one place to another, did good where he was able, and gave generously to the poor that they might pray for him.

At length, as the last day of the seven years dawned, he went once more out on to the heath, and seated himself beneath the circle of trees. It was not long before the wind whistled, and the Devil stood before him and looked angrily at him; then he threw Bearskin his old coat, and asked for his own green one back. “We have not got so far as that yet,” answered Bearskin, “thou must first make me clean.” Whether the Devil liked it or not, he was forced to fetch water, and wash Bearskin, comb his hair, and cut his nails. After this, he looked like a brave soldier, and was much handsomer than he had ever been before.

When the Devil had gone away, Bearskin was quite lighthearted. He went into the town, put on a magnificent velvet coat, seated himself in a carriage drawn by four white horses, and drove to his bride’s house. No one recognized him, the father took him for a distinguished general, and led him into the room where his daughters were sitting. He was forced to place himself between the two eldest, they helped him to wine, gave him the best pieces of meat, and thought that in all the world they had never seen a handsomer man. The bride, however, sat opposite to him in her black dress, and never raised her eyes, nor spoke a word. When at length he asked the father if he would give him one of his daughters to wife, the two eldest jumped up, ran into their bedrooms to put on splendid dresses, for each of them fancied she was the chosen one. The stranger, as soon as he was alone with his bride, brought out his half of the ring, and threw it in a glass of wine which he reached across the table to her. She took the wine, but when she had drunk it, and found the half ring lying at the bottom, her heart began to beat. She got the other half, which she wore on a ribbon round her neck, joined them, and saw that the two pieces fitted exactly together. Then said he, “I am thy betrothed bridegroom, whom thou sawest as Bearskin, but through God’s grace I have again received my human form, and have once more become clean.” He went up to her, embraced her, and gave her a kiss. In the meantime the two sisters came back in full dress, and when they saw that the handsome man had fallen to the share of the youngest, and heard that he was Bearskin, they ran out full of anger and rage. One of them drowned herself in the well, the other hanged herself on a tree. In the evening, some one knocked at the door, and when the bridegroom opened it, it was the Devil in his green coat, who said, “Seest thou, I have now got two souls in the place of thy one!”

Code 2600: An Internet Documentary

This looks it might be pretty good.

“Coming in 2011″ – But no release date yet.

Code 2600 Website

Five Yankee Candle Scents

Yankee Candle had a sale, and I bought 5 random mini-jar candles.

In order from sucks to perfect:

Fireside

Sucks. The scent is really weak, and rather than conjuring the image of a campfire – it makes me think of a dusty attic.

 

Hazelnut Coffee

No. My coffeemaker smells waaay better.

 

 

 

Midnight Jasmine

Meh. It’s pretty but it smells too much like soap for me.

But, I’m a bit biased. I love jasmine, so I had ridiculously high expectations for this one.

 

Cranberry Chutney

Delicious. Really rich with a citrusy tang. Seriously delicious. I want to eat it.

 

 

 

Apple Cider

Perfect. It’s like all your pleasant Autumn memories boiled down into a tiny beacon of happiness.

They should market this as an antidepressant.

 

 

 

I’m starting to get light-headed from all this candle sniffing…

Anonymous Goes Old-School, Attacks Egypt With Faxes | Fast Company

This is brilliant. Gotta love hacktivists.

With most of the Internet down in Egypt, the folks at Anonymous are apparently resorting to a positively prehistoric technology: fax machines.

Members of the group are organizing to fax copies of the Egypt-related cables that WikiLeaks released today to schools in Egypt. The hope apparently is that if they can get the faxes into the hands of students, students will distribute them to other protesters. A source told Forbes the goal was to warn them that the police could not be trusted. The WikiLeaks cables, which describe human rights abuses and political arrests, “are just more proof of that,” the source said.

via Anonymous Goes Old-School, Attacks Egypt With Faxes | Fast Company.