Goals

• Introduce Copyright & Fair Use concepts
• Discuss applications of  in your courses
• Review your copyrights

I'm Not a lawyer

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https://youtu.be/8tWhKeb-fUQ

Purpose of Copyright

purpose of copyright

"To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Article 1, Section 8, Clause 8, U.S. Constitution

What's Protected?

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Protected

• Writing

• Choreography

• Music

• Visual Art

• Architectural Works

Unprotected

• Ideas & Theories

• Facts & Data

• Titles

• Short Phrases

• Patents

How are things Copyrighted?

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copyright 101

• Protection in automatic once a work is fixed
• Registration is not necessary
• Very little creative originality is needed

Who is the Copyright Holder?

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Copyright Holders

• The creator is usually the copyright holder.

• If two or more people create a work, they are joint copyright holders, with equal rights.

Length of Copyrights

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Copyrights

• Life of the author + 70 years

• Joint works: 70 years after death of last author

• For works for hire or anonymous works, 95 years from publication or 120 years from creation, whichever expires first

Public Domain

• US: Works published before 1/1/1923
• Does not require permission
• See copyright.cornell.edu/resources/publicdomain.cfm

Benefits of Copyright

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Benefits

• Helps avoid plagiarism

• Helps share knowledge and creative works publicly

• Protects creator's work and potential profit

• It is flexible

• Loves non-profit libraries and schools

Fair Use

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Fair Use

• Section 107, codified with the Copyright Act of 1976

• Determined on a case-by-case basis

• Requires one to think and make a judgment

• You may never know for sure that a use of a copyrighted work is fair or not

Measuring
Fair Use

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1. Purpose & Character of Use

• Why do you want to use a copyright?

• Are you adding new interpretation, expression or meaning?

• Was value added to the original by creating new information?

1. Purpose & Character of Use

www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fair_use_vs_faireys_use.html

www.pastemagazine.com/blogs/awesome_of_the_day/2011/05/celebrate-star-wars-day-with-these-sweet-propaganda-posters.html

2. Nature of Publication

• What is the material that you’re using?
• Is it Factual or Fictional?
• Published or Unpublished?

​

Ex: Salinger v. Random House, 811 F.2d 90 (2d Cir. 1987)

3. Amount & Substantiality

• Amount: Less is more (except in parody)

• Usually 10% rule

• Substantiality: Heart of a work or peripheral?

ex. Blurred Lines

4. Effect of Use on the Potential Market

• Does your use deprive the copyright owner income?

• Does it undermine a new or potential market for the copyrighted work?

Fair Use Guidelines

• Motion Media

• Text Material

• Music, Lyrics and Music Video

~10%

Copyright Exceptions

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Copyright exceptions

• Section 110 : allows teachers to display or perform works in the face-to-face classroom and in the digital or distance education classroom via digital networks

• Section 117 : owner of a software program can make a backup copy

• Section 121 : allows for the making of accessible copies for people with disabilities

Real-Life Scenarios

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Q.

If I find it on the web, it's free to use, right?

Q.

If I find it on the web, it's free to use, right?

A.

No. All of the copyright concepts apply to electronic and printed materials.

Remember that it is not necessary to post a copyright notice for the author to have rights, even on the web.

Q.

An instructor wants to give a class an entire copy of the Canterbury Tales to use for class. Will that infringe on copyright?

Q.

An instructor wants to give a class an entire copy of the Canterbury Tales to use for class. Will that that infringe on copyright?

A.

It depends on annotations, translations, introductions, and editions. The Canterbury Tales itself is in the Public Domain.

Q.

A professor wants to use a YouTube copy of a TV show that was not uploaded by the studio. Is this ok?

Q.

A professor wants to use a YouTube copy of a TV show that was not uploaded by the studio. Is this ok?

A.

No.

Options: 

• Obtain the video on another format.
• Search for another video that makes your point

teachertube.com

Q.

Can you make a photocopy and handout of a map that is in the Public Domain but is in an atlas that is copyrighted?

Q.

Can you make a photocopy and handout of a map that is in the Public Domain but is in an atlas that is copyrighted?

A.

Yes! The map itself is in Public Domain, and you're only using a portion of the atlas.

Q.

Can I give me students a copy of an article that the library does not subscribe to?

Q.

Can I give me students a copy of an article that the library does not subscribe to?

A.

It depends.

• Yes, if...
  • you own the copyright
  • the article is open access  
• No... Solutions:
  • Work with Access Services to put it on reserve and to get copyright permission.
  • Assign a different article. 

Q.

Can you publish an article based on a chapter from your dissertation?

Q.

Can you publish an article based on a chapter from your dissertation?

A.

In most cases, but it depends.

• Dissertations and theses are not usually considered formal publications
• Keep in mind if you want to publish your dissertation as a book, in which case you might want not be allowed to republish it unless you retain a distribution license.

Your Rights

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You own

what you create

Copyright is a Bundle of Rights

• Reproduction

• Distribution

• Creation of derivatives

• Performance

• Display

• Licenses to third parties

What are some things you might do with your works?

• Share with colleagues or practitioners

• Make it available to public (or be required to under an institutional or funder policy)

• Use parts of it yourself, in future work (including a dissertation)

• Prepare a textbook or other collected volume of your work

Publishing Agreements

• What publishers need: the right to first publication and its dissemination and distribution.

• What publishers want: for your to sign over all your rights and ownership.

• Copyright can be transferred only in writing.

The work belongs to you until you give your copyrights away

Is it All or Nothing?

• Understand what you want!

• Read the contract carefully.

• Contact the publisher about changes

• Amend the contract. [ addendum engine ]

• Save your contract!

What if the Publisher Won't Negotiate?

• Consider publishing your work elsewhere where you can retain the rights you want.

  • Open Access publishers usually do not require full transfer of copyright.

• Publish your work as planned with the original publisher.

• The decision is entirely up to you

   

   

Thank you!

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