COPYRIGHTS AND WRONGS

Copyright and Fair Use in Academia

DISCLAMER!

I am not a lawyer (nor do I play one on TV).

I am just explaining what the law says to the best of my ability not giving legal advice.

If you need advice on a specific legal situation (copyright or otherwise) you should contact a lawyer.

Save the Date!

Copyright & Fair Use in the Virtual Classroom

Thursday, February 26 11:00AM-12:00PMAmaron 103

(Fadden, 2007)

A Fair(y) Use Tale

What copyright is and isn’t

What is Copyright?

A set of exclusive rights that apply to a fix work that allow the creators the ability to be monetarily compensated for said work

Who has copyright?

The creator or author of the work UNLESS

The work is commissioned as part of a work for hire then copyright goes to whomever commissioned the work

The work is done by the federal government then the work is in the public domain (U.S.C. Section 105)

The creator signs over copyright to another party or puts the work in public domain

17 U.S.C. Section 102(a)

What can be copyright?

Any creative or intellectual work in a fixed, tangible form can be subject to copyright.

These include the following: Literary works Musical works Dramatic works Pantomimes and choreographic works Pictorial, graphic, and sculptural works Sound recordings Architectural works

U.S.C. Section 102(b)

What can not be copyrighted

The following may never have copyright protection Ideas Procedures Processes Systems Methods of Operation Concepts Principles Discoveries

U.S.C. Section 106

Exclusive Rights

To make reproductions of the work To prepare derivative works base on the

original work To distribute copies of the work by sale or

otherwise To perform the work publically (in the

case of movies, plays, dance, etc.) To display the work publically (in the case

of paintings, sculptures, etc. ) To play sound recordings of the work

publically

Plagiarism vs. Copyright

PLAGIARISM COPYRIGHT

Ethical Attribution is

everything No exceptions to the

rule

Legal Attribution does not

matter much A few exceptions to

the rule

Lindsey, 2003, pg. 6

The Public Domain

When a work is no longer subject to copyright law it is considered in the public domain

Once a work is in the public domain the copyright holder no longer has exclusive rights over a work

Works enter the public domain once their copyright deration has expired or they can be gifted into the public domain

Works created by the Federal Government are automatically in the public domain

(Heller, 2004, p.18)

Copyright DurationWorks with 1 author that was created after 1978

Life of the author plus another 70 years

Works with multiple authors created after 1978

Life of the longest living author plus another 70 years

Anonymous or corporate works created after 1978

95 years after first publication or 120 years after creation; whichever comes first

Works published from 1964-1977 95 years after first publication with © notice

Works published from 1923-1963 28 years after date of publication with © notice; plus 67 years if renewed

Works created before 1978 that were never published or registered

Life plus 70 years (or 95/120 term) whichever allows greater time

Works published before 1923 In the public domain

Fair Use

U.S.C. Section 107

What is fair use Fair use allows people who are not the

copyright owner to use portions of a copyrighted work for Criticism Comment News reporting Teaching Scholarship Research

Keep in Mind

Fair use is NOT a right It is a legal defense

Kind of like an alibi At the end of the day, only a judge can

truly decide whether something is fair use

U.S.C. Section 107

Factors Used to Consider a Fair Use Claim

Purpose of the use Nature of work Amount of work used Effect of the use on the market

U.S.C. Section 107(1)

Purpose of Use

FAVORING OPPOSING

Nonprofit Educational Criticism/Comment Transformative Use

For Profit/Sale Commercial Use Non-attribution/”Bad

Faith”

U.S.C. Section 107(2)

Nature of the Work

FAVORING OPPOSING

Informative Work Published Work

Creative Work Unpublished Work

U.S.C. Section 107(2)

Amount of Work Used

FAVORING OPPOSING

A small portion of the work is used

The portion used is not a central part of the work

A large portion or the entire work is used

The portion used can reasonably be considered “the heart of the work”

U.S.C. Section 107(4)

Effect of the Use on the Market

FAVORING OPPOSING

There is little or no effect that the use of the work will have on it’s market value

The use of the work will have a moderate to substantial effect on the market value of the work

Fair Use Exercise

The teach act

The TEACH Act

Stand for Technology, Education and Copyright Harmonization Act

Supersedes fair use Allows instructors to use copyrighted

“performances or displays” in their online classes

Has a lengthy list of requirements

Requirements on the Institution

Must be an “accredited non-profit educational institution” (U.S.C. Section 110(1))

The institution has a policy on the use of copyrighted materials and informs faculty student’s and staff about copyright (U.S.C. Section 110(2)(D)(i))

U.S.C. Section 110(2)

Requirements on the Material

IF the work is a performance of a nondramatic literary or musical work and is not an audio visual work THEN you can use all of the work

IF the work is a performance of any other work including dramatic or audiovisual works THEN you can use reasonable and limited

portions of the work IF the work is not a performance (images,

articles, etc.) THEN you can use an amount comparable to

that which is typically used in face to face settings

(U.S.C. Section 110(1))

Requirements on the Material 2

The material is lawfully made or acquired

Requirements on the Course

The course must be only accessible to a limited amount of students officially enrolled in the class (U.S.C. Section 110(2)(C)(i))

The course protected by a password (U.S.C. Section 110(2)(D)(I)(bb))

The copyrighted material is taken down after the course ends (U.S.C. Section 110(2)(D)(I)(aa))

Copyright Clearance Center

Provides explicit licensing for many different resources

http://www.copyright.com/search.do?operation=show&page=academic

IN Closing

In face to face classrooms you may

Show videos and films Perform or listen to musical or other

recordings Perform a show or a play Show slides, charts, graphs, photos, or

images

In online classes you may

Upload an entire performance of a nondramatic literary or musical work

Upload limited amounts of any other performance

Upload the display of any other work as long as it is comparable to what you would find in a face to face class

References

Crews, K. D. (2006). Copyright law for librarians and educators: Creative strategies and practical solutions (2nd ed.). Chicago, IL: American Library Association.Fadden, D. (Director). (2007, March 1). A fair(y) use tale [Motion Picture]. United States: Media Education Foundation. Retrieved from: http://cyberlaw.stanford.edu/blog/2007/03/fairy-use-tale.

References

Heller, J. (2004). The librarian's copyright companion. Buffalo, N.Y.: W.S. Hein.

Lindsey, M. (2003). Copyright law on campus. Pullman, Wash.: Washington State

University Press.Minow, M., & Lipinski, T. (2003). The library's

legal answer book. Chicago, Ill.: American Library Association.

References

U.S. Copyright Act, 17 U.S.C. §101U.S. Copyright Act, 17 U.S.C. §102U.S. Copyright Act, 17 U.S.C. §105U.S. Copyright Act, 17 U.S.C. §106U.S. Copyright Act, 17 U.S.C. §107U.S. Copyright Act, 17 U.S.C. §110