Adobe Visual Design 1 - Unit 1.03

ADOBE VISUAL DESIGN
Abode Classes
Wake County Public Schools

Adobe Visual Design 1

Objective: 1.03

Understand the type of copyright, permissions, and licensing required to use specific content.

Copyright

Copyright

• Intellectual Property

• A creation of the mind that the law protects from unauthorized

users.

• Copyright

• The legal ownership of an intellectual property which allows the

owner to create copies and profit from the intellectual property.

Copyright Protects

Books

Photos

Letters

Architectural

Works

Websites and
Information on

Websites

Songs

Memos

Movies

TV Shows

Plays

Poems

Short Stories

Computer
Software

Copyright:

• Copyright is a form of protection

provided by the laws of the United
States (title 17, U.S. Code).

• Copyright protection subsists from

the time the work is created in fixed
form.

• The copyright in the work of

authorship immediately becomes
the property of the author who
created the work.

• Only the author or those deriving

their rights through the author can
rightfully claim copyright.

Copyright: Duration

• Copyrights last for the author’s lifetime plus 70

years.

• For works made for hire, and for anonymous and

pseudonymous works (unless the author's
identity is revealed in Copyright Office records),
the duration of copyright will be 95 years from
publication or 120 years from creation, whichever
is shorter.

Types of Protected Works

• Trademark

• A type of intellectual property consisting of a recognizable sign,

design, expression, jingle, etc. etc. usually associated with a
company and goods.

• Service Mark

• Similar to a trademark but instead of goods it is a recognizable

sign, design, expression, associated with a service provided.

• Commercial Use

• A use that generates income.

Multiple Choice

Intellectual Property is protected by copyright and includes:

• published works like books

• music

• web and video content

• all of these

Multiple Choice

If you don't see a copyright symbol like this one, everything is copyright free!

• true

• false

Multiple Choice

Who does copyright law protect?

• singers and painters

• poets and architects

• writers and composers

• all of the above

Trademarks: What are they

• To be a trademark the items must past several test:

• It must be actually used as an identifier of particular goods or services: you can’t get a

trademark in some great new name you’ve come up with for you new product until you
actually start using the name to identify that product.

• It has to be in some way distinctive, not what courts call “ordinary” or merely

descriptive” or “generic”; you can’t use trademark to protect the common name of your
product.

• The mark must not be “confusingly similar” to anyone else’s trademark that is already in

use.

Trademarks: Trademarks vs. Service Marks

• A trademark—a word, phrase, symbol or design, or a combination of words,

phrases, symbols or designs, that identifies and distinguishes the source of the
goods of one party from those of others.

• A service mark—the same as a trademark, except that it identifies and

distinguishes the source of a service rather than a product.

•TM refers to and unregistered
trademark.

•SM refers to and unregistered service
mark.

•® means that the trademark has been
registered with the US Patent and
Trademark Office. It can only be used
after the registration is approved.

Trademarks: Examples

• Coca-Cola

• McDonalds

• Starbucks

• Ford

• IBM

• Barbie

• Ford Motor Company

• John Deer

Multiple Choice

Copyright is automatic--that means copyright starts when...

• someone first has an idea

• someone tells a friend about an idea

• someone records or writes something down

• someone sends in a copyright application

Trademarks: Obtaining a Trademark

• You create a distinct item for use

and begin using it.

• It does not have to be registered,

but that affords it greater
protection.

• To register a trademark, you apply

to the US Patent and Trademark
Office
http://www.uspto.gov/index.html

Trademarks: When can you use someone’s trademark

• When advertising that a product can be used with another product or

be another product.

• When writing an article that refers to a product name.

• Market a VERY DISSIMILAR product under a name already used.

Examples: Lotus Automobiles/Lotus Software

Adobe Tiles/Adobe Software

Types of Protected Works

• Trade Secret

• Intellectual property that can consist of a formula, pattern, design,

program, or device that has inherent value because it is not generally
known to others.

• Derivative Works

• Copyrighted materials that have been altered or changed. Such material

is protected by copyright laws. If you alter a copyrighted photograph by
using computer software, that photograph is still protected, and you
may not use it without written permission.

• Patent

• A form of intellectual property that gives its owner the legal right to

exclude others from making, using, or selling an invention for a limited
period of years.

Multiple Choice

Which of the following is NOT covered by copyright?

• song lyrics

• images

• choreography

• facts

Multiple Choice

Copyright gives the owner the right to do what to the original work?

• copy

• distribute or change

• sell

• all of the above

Multiple Choice

Which of the following is also NOT covered by copyright?

• movies

• photographs

• ideas

• audio recordings

Fair Use

• Fair Use

• A legal doctrine that allows the use of some copyrighted materials

without having to ask for permission.

• Fair Use Guidelines

• The correct way in which fair use is achieved.

• Education
• News
• Critique
• Parody

4 Factors of Fair Use

1. The purpose and character of the use, including whether
such use is of commercial nature or is for nonprofit
educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value
of, the copyrighted work

Copyright: Fair Use

Guideline state that in
some instances, we do

not have to obtain
permission from the

copyright owner.

Examples:

• Educational Use
• News and Journalism
• Parody
• Critique

Multiple Choice

The Fair Use Act is an exception to copyright law

• True

• False

Multiple Choice

Fair use is valid when using parts of a work for which purposes?

• communication, publication, newspapers

• Commenting, podcasting, recommending

• Commentary, parody, news reporting, research, and education

• creativity, innovation, comedy

Copyright: Fair Use

For Fair Use to apply, you must be able to answer YES to a large proportion of these questions:

Is your use non-commercial?

Is your use of purposes of criticism, comment, parody, news reporting, teaching, scholarship, or
research?

Is the original work mostly fact (as opposed to mostly fiction or opinion)?

Has the original work been published (as opposed to it being sent out only to one or a few
people)?

Copyright: Fair Use

Are you copying only a relatively insignificant part of the original work (as
opposed to the most important part)?

Are you adding a lot new to the work (as opposed to just quoting parts of
the original)?

Does you conduct leave unaffected any profits that the copyright owner
can make (as opposed to displacing some potential sales OR potential
licenses of reprint rights)?

Copyright: Fair Use

A manipulated image become the "property" of the individual who
made the changes to the image when the original image cannot be
recognized by an "average observer."

Historically, artists creating "one-of-a-kind" works of art are permitted
considerable latitude in fair use of copyrighted material.

Multiple Choice

Which is the BEST thing to do if you're not sure if something is protected by copyright

• Ask a teacher

• Use it anyway

• Get permission from the creator

• Go to the library

Multiple Choice

Anything created by the US Government is NOT protected by copyright law

• true

• false

Multiple Choice

When you are covered by Fair Use, you still have to give credit to the owner of a work

• True

• False

Multiple Choice

What allows you to use small parts of a copyrighted work for school, news reporting, parody, or research?

• public domain

• copyright

• fair use

• creative commons

Legal Ways to use media

• Royalty Free

• A type of license used by stock photography agencies to sell stock

images. This means you pay for the license only once, and you can
use it forever within the accepted ways, without any further
payment obligations.

• Public Domain

• Consists of all the creative work to which no exclusive intellectual

property rights apply. Those rights may have expired, been
forfeited, expressly waived, or may be inapplicable.

• Copyright Infringement

• The illegal use of works copyrighted without obtaining permission from

the owner of the copyright.

• Work for Hire

• Work subject to copyright law that is created as an employee as part of

their job. The employer retains all copyrights, not the employee.

• Attribution

• Acknowledgement of credit to the copyright holder.

Copyright: Work made for hire

• In the case of works made for hire, the employer and not the employee is

considered to be the author.

• Section 1 of the copyright law defines a "work made for hire" as:

(1) a work prepared by an employee within the scope of his or her employment; or

(2) a work specially ordered or commissioned for use as:

• a contribution to a collective work
• a part of a motion picture or other audiovisual work
• a translation
• a supplementary work
• a compilation
• an instructional text
• a test
• answer material for a test
• an atlas

Multiple Choice

For Fair Use to apply, you have to meet which of these guidelines?

• consider the purpose of the usage

• give credit to the creator

• use only a limited part of the whole

• all of the above

Copyright: Work made for hire

• If the parties expressly agree in a written instrument signed by them

that the work shall be considered a work made for hire....

• The authors of a joint work are co-owners of the copyright in the

work, unless there is an agreement to the contrary.

• Copyright in each separate contribution to a periodical or other

collective work is distinct from copyright in the collective work as a
whole and vests initially with the author of the contribution.

Copyright: Obtaining Registered Copyrights

• Copyrights applications are obtained from the U.S. Copyright Office, Library of

Congress, Washington, D.C. 20559 (Phone [phone])

• You can register a single item or a group for a fee of $30 (currently).

Multiple Choice

After a copyrighted material is old enough, that material becomes free to use under which of these?

• Public Safety

• Public Domain

• World Domain

• Gets Deleted

Multiple Choice

Which is the best definition of copyright?

• protection of a person's ideas

• copying someone else's words

• a law that protects the rights of an author or creator

• permission to gather anything from the internet

Creative Commons

Creative Commons

• Creative Commons:

• A nonprofit organization that enables the sharing and use of

creativity and knowledge through free legal tools. Free, easy-to-
use copyright licenses provide a simple, standardized way to give
the public permission to share and use your creative work — on
conditions of your choice. Creative Commons licenses are not an
alternative to copyright. They work alongside copyright and enable
you to modify your copyright terms to best suit your needs.

Sites for CC

• A Few Sites for CC00 Images

• www.pexels.com
• www.pixabay.com
• www.unsplash.com
• www.creativecommons.org

• Creative Commons Licenses:

• https://wiki.creativecommons.org/images/6/6d/6licenses-flat.pdf

Creative Commons Licenses

• Attribution CC BY

• This license lets others distribute,

remix, tweak, and build upon your
work, even commercially, as long
as they credit you for the original
creation. This is the most
accommodating of licenses
offered. Recommended for
maximum dissemination and use
of licensed materials.

• Attribution-ShareAlike CC BY-SA

• This license lets others remix,

tweak, and build upon your work
even for commercial purposes, as
long as they credit you and license
their new creations under the
identical terms. This license is
often compared to “copyleft” free
and open source software
licenses. All new works based on
yours will carry the same license,
so any derivatives will also allow
commercial use.

Creative Commons Licenses

• Attribution-NoDerivs CC BY-

ND

• This license allows for

redistribution, commercial
and non-commercial, as long
as it is passed along
unchanged and in whole,
with credit to you.

• Attribution-

NonCommercial CC BY-NC

• This license lets others remix,

tweak, and build upon your
work non-commercially, and
although their new works
must also acknowledge you
and be non-commercial, they
don’t have to license their
derivative works on the same
terms.

Creative Commons Licenses

• Attribution-NonCommercial-

ShareAlike CC BY-NC-SA

• This license lets others remix,

tweak, and build upon your
work non-commercially, as long
as they credit you and license
their new creations under the
identical terms.

• Attribution-NonCommercial-

NoDerivs CC BY-NC-ND

• This license is the most

restrictive of our six main
licenses, only allowing others to
download your works and share
them with others as long as
they credit you, but they can’t
change them in any way or use
them commercially.

Students & Copying

What can students copy?

A single , hard copy
for personal or
educational use.

Limited amounts of
websites.

Copies cannot be
used for public or
commercial use.

Students must cite
the source of their
information.

For multi-media
projects:

Video clips—10% or
three minutes

Music—10% but no
more than 30
seconds.

Text—10% or 1000
words

Citations

Credit
To give the artist or creator reference for using
their work

Citation
The actual information and documentation of
using another person’s work.

Citing work use is the only way to use copyrighted information legally.

Guidelines exist to cite information properly, ex. MLA

Plagiarism

Plagiarism
Failure to give proper credit to the source
that you borrowed the material from.

In most schools this is punishable by at least a 0 for the assignment
and is often followed by further disciplinary action.

By not giving the proper credit, you are claiming the idea as your
own, when in fact it is not

Guidelines

Direct Quotes
• If you use someone else’s

writing without putting it in
“quotes”, you have blatantly
plagiarized.

• Even if you add the source in

your bibliography, it is still
plagiarism.

Paraphrasing
• Be careful about rewriting

someone else’s words. If
your sentences use many of
the same words and
grammatical structure as the
original source, it could be
construed as plagiarism.
Just put the text in your own
words.

Original Idea

• Give credit to unique ideas others have thought up.
• If you present the ideas of another without crediting them,

you have plagiarized them.

• Obvious ideas, like know facts, don’t have to be credited.
• When in doubt, attribute.

Tips for Avoiding Plagiarism

Quotes
• Always put quotes from text

in quotations. Never forget
to do this as this is the
easiest way to get accused
of plagiarism.

When Paraphrasing:
• Be careful about rewriting

someone else’s words. If
your sentences use many of
the same words and
grammatical structure as the
original source, it could be
construed as plagiarism.
Just put the text in your own
words.

Multiple Choice

When you conduct research, information gathered from different sources must be:

• cited

• copied

• deleted

• agreed upon

Multiple Choice

What's the name of the crime for downloading music, movies, or other materials without permission and payment?

• Fair Use Act

• Piracy

• Sharing

• Programming

Multiple Choice

These symbols next to a work online mean you can use a creative work as long as you follow the stated rules. What is this called?

• creative commons

• public domain

• fair use

• copyright creator

Multiple Choice

You can legally use copyrighted material as long as you have which of these in place?

• Permission

• Payment (if requested)

• Credit

• ALL of the above