copyright workshop students & copyright what you need to know… rosemary chase university...

Copyright WorkshopCopyright Workshop

STUDENTS & COPYRIGHTWhat you need to know…

Rosemary Chase University Copyright Officer

University Libraries

George Mason UniversityFall 2002

What is Copyright?What is Copyright?

• Copyright laws grant exclusive rights to the owners of an original work

• Such as:

– Literary, musical, artistic

A set of EXCLUSIVE RIGHTS

Basis for CopyrightBasis for CopyrightA little history…A little history…

• “To every cow, her calf.” An Irish king in settling property rights in a manuscript.

• In the mid - 16th century with the invention of the printing press, laws were passed in London to control the presses – and what was printed –Authors lose rights at first printing…

Basis for CopyrightBasis for Copyright A little more history…A little more history…

• By 1694, these same printing institutions wanted Parliament to grant them rights in perpetuity…so, between the 16th and 17th centuries, controlling print content became control of printing.

Basis for U.S. CopyrightBasis for U.S. Copyright

• In the early 18th century, authors were again considered –

Granted a 14 year exclusive term and the opportunity to renew for an additional 14 years, if they are still living…

Statute of Anne: 1710Was the model for U.S. Constitution, Article 1,

Section 8.

U.S. CopyrightU.S. CopyrightConstitution, Article I, Section 8:Constitution, Article I, Section 8:

• “The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

• Title 17 of U.S. Code - Federal Copyright Law

Copyright...Copyright...

• Work Must Be:

– Original expression

– Fixed in a tangible form

• Begins:

– At the moment original work is fixed

– Example: Graphic created in PhotoShop is protected as soon as saved to disk.

Protected WorksProtected Works

• Literary• Musical• Dramatic• Pantomime• Pictorial, Graphic, Sculpture• Audio Visual• Sound Recording• Architectural

Non-Protected WorksNon-Protected Works Cannot be CopyrightedCannot be Copyrighted

FactsTitlesNamesShort PhrasesIdeas

Public DomainPublic Domain

• Non-Protected Works

• Lost Copyright

• Expired Copyright

• Federal Government Works

• Abandoned Works

YOU: The Rights HolderYOU: The Rights Holder

• If you are the author of a copyrightable work, then you alone* have the following rights, which are protected by law, Title 17 of the U.S. Code…

*Unless you give them away.

S. 106: Protected Rights S. 106: Protected Rights of Copyright Ownerof Copyright Owner…the right to……the right to…• Reproduction - make copies

• Make derivative works

• Distribute - copies

• Perform publicly

• Display publicly

Registration & NoticeRegistration & Notice

• Copyright can be registered

• Notice may be placed on work - ©

• Neither are required for a work to be protected

Statutory ExceptionsStatutory Exceptions

• Fair Use (Section 107)

• Libraries and Archives

(Section 108)

What is Fair Use?What is Fair Use?

1. Purpose

2. Nature

3. Amount

4. Effect

Four Factors from Section 107 of the 1976 Copyright Act:

The Four Factors and...The Four Factors and...

Real Life Situations• Course packs/Anthologies/Readers

• Electronic Reserves/Course Reserves

• Multimedia and Distance Education

• Web pages/Course web sites

What is Fair Use?What is Fair Use?

1. Purpose – education vs. commercial

2. Nature – fact vs. fiction

3. Amount – and substantiality (10%?)

4. Effect – on market or value

Four Factors from Section 107 of the 1976 Copyright Act:

S. 107 - Fair UseS. 107 - Fair Use

• Gray Area until NYU Case - 1982

• Guidelines from House Report - 1976 Act

• George Mason University Adopted Guidelines in 1982

Section 107Section 107Limitations of Exclusive RightsLimitations of Exclusive Rights

• PURPOSE/Character of Use - commercial or nonprofit educational?

• NATURE of Work - factual or imaginary?

• AMOUNT and Substantiality - 10%??

• EFFECT of use on Market or Value

• Delivered its final report in May 1997 with recommendations for further meetings. Each of the mentioned possible components of a multi-media (MM) project are allowable as fair use for students and educators, provided they stay within the following limitations of:

Time, Portion, Copying, Distribution

CONFU - Conference CONFU - Conference on Fair Useon Fair Use

Portion LimitationsPortion Limitations - Similar to the - Similar to the Agreement on Guidelines for Classroom UseAgreement on Guidelines for Classroom Use • From MOTION MEDIA

– 10% or 3 minutes, whichever is less - whether used all at once or scattered throughout the project

• From TEXT– up to 10% or 1000 words, whichever is less

• MUSIC, LYRICS, MUSIC VIDEO– up to 10%, but in no event more than 30 seconds -

must not change the fundamental character of the work

• ILLUSTRATIONS/PHOTOGRAPHS– no more than five images by one artist/photographer, OR

from a collective work, not more than 10% or 15 images, whichever is less

• NUMERICAL DATA SETS– up to 10% or 2500 field or cell entries, whichever is less

• Field entry = a specific item of information such as name or SSN

• Cell entry = the intersection where a row and a column meet on a spread sheet

Portion LimitationsPortion Limitations - Similar to the - Similar to the Agreement on Guidelines for Classroom Use Agreement on Guidelines for Classroom Use

• FOR STUDENTS

– only 1 copy, including the original

• in case of a joint project with another student, each student may have his or her own copy.

Copying/Distribution Copying/Distribution LimitationsLimitations

Additional copies and/or additional uses: need permission from each rights holder- See Commercial above).

Copying/Distribution Copying/Distribution LimitationsLimitations

• FOR EDUCATORS Only 2 use copies are allowed and only 1 copy may be

placed on reserve.

• PRESERVATION – where 1 copy has been lost, stolen or damaged, another

copy may be made.

• STUDENTS

– none, as long as they use their project only for job and/or graduate school interviews

• EDUCATORS

– 2 years

• Uses beyond these limitations require permission from each rightsholder - (see commercial above)

Time LimitationsTime Limitations

Your ResponsibilitiesYour Responsibilities

• As students and citizens in these labs, or on your own PC, it is your responsibility to:

– Observe the above restrictions.

– Learn proper methods of attribution, acknowledgment and citation for each reference in each paper or project.

– Resist the temptation to ignore any of the limitations “just this once”.

Liability Issues…Liability Issues…what you need to knowwhat you need to know

3 TYPES OF INFRINGEMENT

• Direct infringement - knowledge of infringement

• Contributory infringement– you must either have knowledge, i.e. faculty directed– or you must materially contribute, i.e. university equipment

used

• Innocent infringement - very rare on a university campus– Staff (button pusher) responsibility

KNOWLEDGE OF INFRINGEMENTKNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITYIS IRRELEVANT TO YOUR LIABILITY

KNOWLEDGE OF INFRINGEMENTKNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITYIS IRRELEVANT TO YOUR LIABILITY

KINKO’S CASE• It is not likely that anyone on any university campus

would be found to be an innocent infringer. In fact, the added damages in the Kinko’s case were NOT based on financial loss to the publishers.

“Kinko’s had failed to instruct its employees in the pertinent aspects of copyright law…[so that] substantial damages are necessary to deter Kinko’s future infringements.” Gorman & Ginsburg, Copyright for the Nineties: Cases & Materials, U. of Chicago Press,1993, p. 625.

Liability Issues…Liability Issues…what you need to know (cont.) what you need to know (cont.)

• You cannot be “directed by a higher authority” to do anything that you suspect would be an infringement

• Intent to infringe is NOT required, to be found liable

• Often university policies do NOT deal with any new technology

Liability Issues…Liability Issues…what you need to know (cont.) what you need to know (cont.)

Fair Use versusFair Use versusPlagiarismPlagiarism

• Why isn’t plagiarism a fair use?Because a complete citation is necessary.

• When is plagiarism copyright infringement?Always…no attribution, no permission.

• When does fair use become a copyright infringement?When you use a fair portion of someone’s work

more than once, it is likely to be an infringement.

Recent/Pending Recent/Pending Legislation?Legislation?

• 1997 - jail time was added for willful infringement

• Sony Bono Term Extension - 20 years added protection = 95 yrs.

• Digital Millenium Copyright Act passed into law, October 1998 = DMCA

• TEACH Act – passed Senate June 2001.

What should everyone know What should everyone know about copyright?about copyright?

• Work is protected from the moment the pen meets the paper

• YOU own your intellectual property

• No registration with the Library of Congress is required for protection

• No “” is required

Question…..Question…..

Can a professor use a student essay from last semester in a collection of readings for future semester

course packet or reserves?

–Yes.

–But only with written consent from each student.

Can a collection of photocopied articles and book chapters (course reader) ever be considered a

“fair use”?

NO.NO.Any compilation of previously

published readings is considered a new publication.

Question...Question...

QuestionQuestion......

YES, as long as it’s understood that you will make one printout only, for your

personal use.

Is it OK for me to download materials from the computer labs on campus from the

Adobe Acrobat even though I am not paying for the database service directly?

Can I download pictures and/or graphs from the Internet and

use them on PowerPoint slides or in research papers?

QuestionQuestion......

–Not in PowerPoint slides, unless it is for ONEclass presentation. In a research paper, as longas it is never published further.

Can I photocopy the information that I have printed off the Web? If so, how many

copies am I allowed to make?

QuestionQuestion......

–NO, not unless you need to make a photocopy

to add as an attachment to your research paper.

Can I photocopy journal articles from magazines or newspapers and use them

for research?

Question...Question...

YES,for your own personal use.

Am I allowed to photocopy a textbook or workbook that can be bought in the

bookstore?

QuestionQuestion......

NO.

I am often in classes where professors have samples of other students’ works. Is this

OK?

Question...Question...

–Only with permission from each student whose work is presented.

… … in conclusionin conclusion

–We are not police officers, but we do have responsibilities and should take them seriously.

–Remember: These are not my personal rules. It is our responsibility to uphold University policy, observe the Honor Code, and promote academic integrity.

… … in a nutshellin a nutshell

Educational purpose

10% IS NOT ALWAYS FAIR USE.

OUT- OF- PRINT does NOT mean out- of - COPYRIGHT.

–does NOT equal FAIR USE.

WWW is NOT public domain.