kristina eden & meredith kahn faculty exploratory workshop october 10, 2012 copyright and your...
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Kristina Eden & Meredith Kahn
Faculty Exploratory Workshop
October 10, 2012
Copyright and Your Dissertation
Who we are…
Kristina Eden
Copyright Projects Librarian
MPublishing, University Library
Meredith Kahn
Publishing Services & Outreach Librarian
MPublishing, University Library
What did you tell us you wanted to learn about?• Using photographs from living photographers• Translations by other authors, images of
inscriptions founds online, images of coins from books
• Quoting published reports that do not have explicit copyright statements
• Using a model from a published article
What we'll cover today:
• Basic principles of US copyright law• Some examples of fair use• Publishing and your dissertation• Where to go for help
The content of this presentation and session today should not be considered legal advice.
If you have specific legal questions, please consult an attorney with knowledge of copyright law.
What is Copyright?
According to the U.S. Constitution:
To promote the progress of science and useful arts.
Title 17 of the United States Code §§ 101-1332
What is ‘Intellectual Property’?
Copyright creative expression
Patent useful inventions
Trademark corporate identities and products
Trade secret formulas and processes that are not easily discovered
Requirements for protection
Original
Creative
Fixed
Term of copyright in the U.S.
Life of author + 70 years
Public domainWorks which are completely open to use because the author/copyright holder no longer is granted any exclusive rights, either because
• The term of copyright protection granted by law has expired
• The rights holder chose to give up their rights• The work was never protected by copyright
Who is the copyright holder?
• The creator is usually the initial copyright holder. Often transferred or assigned by contract or license.
• If two or more people jointly create a work, they are joint copyright holders, with equal rights. They have to ‘account’ to each other.
• With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.
Copyright protects
• Writing• Choreography• Music• Visual art• Film• Architectural
works
Copyright doesn't protect• Ideas• Facts• Titles• Data• Useful articles
Copyright is not particularly concerned with quality
http://blog.eljamesauthor.com
http://www.goodreads.com/book/show/656.War_and_Peace
Why should I think about copyright?
Re-using the work of others
Your rights & responsibilities as an author
Potential for future re-use of your own work
CC License Tool, http://creativecommons.org/choose/Used under CC-BY-3.0
But isn't citing my sources enough?
• Plagiarism is often confused with copyright infringement. In fact, plagiarism is when you fail to properly credit and cite the works and ideas of another person.
• Copyright infringement is when you make unauthorized use of someone else's work, violating a copyright holder's legal rights.
Title 17 of the United States Code § 107
Fair Use
Fair Use – 17 USC 107
4 factor test
1. The nature of the work (factual, creative)2. The purpose of the use (educational, for-profit)3. Amount of the work being used (a little or a lot –
and what part eg last page of a mystery?)4. The potential impact of the use on the market for
the original.
Enumerated fair uses
• Criticism• Comment• News reporting• Teaching• Scholarship• Research
Image: screenshot of New York Times Book Review section of May 8, 2012
Balancing testNATURE of the work
PURPOSE
AMOUNT
EFFECT ON MARKET
Google Maps sample exercise
Would this be a fair use?Let's talk!
Fair Use -analysis
1. Nature2. Amount3. Purpose4. Effect on Market
©?Databases maybe, but not data
DATABASE at Postmasters, March 2009 by Michael Mandiberg / CC BY-SA
Images & Copyright
Photos by Flickr user m_kahn: http://flic.kr/p/aBAA1U & http://flic.kr/p/aFfsdn / used under CC-BY-NC 2.0
Unpublished Archival Materials• Did you sign an agreement when you accessed
those archival materials?• Did the agreement contain any language about
your potential re-use of those materials?
• Keep records of what you sign any time you visit an archive or library.
• As a general rule, contract law trumps copyright law.
Permissions
How do I know if I need to seek permission?
Not sure how to answer these questions?
Ask for help!
Step 0: Identify the © holderUsually the creator, unless:
• Work-for-hire, or contractual agreement
• Copyright has been assigned to someone elseo Such as to the publisher as a condition of publication
Complicating factors:
• Collaborations or multiple creators
• Pre-existing material with new additions
When in doubt, ask for help!
Guidelines for Seeking Permissions
1. Needs Assessment: Do you need to use that particular item? Or could you substitute another?
2. Contact the rightsholder early and often. Follow directions.
3. Budget: Permissions can often cost $$$. How much are you willing or able to spend? Do you have grant funds or other sources of support?
4. Documentation: Keep records of everything! Submit requests either in writing or via email. You need a paper trail.
5. Making the Pitch: Ask for the rights you need, and be clear about why you need them. Be polite. Turn on the charm.
6. Include deadlines and alternate forms of communication in your request. Make it easy for your rightsholder to understand when and how they need to get in touch with you.
7. Be prepared to counter-offer. Have a Plan B.
Resources for Permissions
• Permissions, a Survival Guide: Blunt Talk About Art as Intellectual Property, by Susan M. Bielsteino available from the library both in print and online
• LibGuide on Permissionso http://guides.lib.umich.edu/permissions
Using your own published articles as chapters in your dissertation
• What does your publishing contract say?
• Co-author consent
• Does your committee approve?
Registering your copyright
It will make you a FORTUNE!
http://www.loc.gov/exhibits/bobhope/images/vc36.jpg
How to register your dissertation copyright
Register electronically with the US Copyright Office• File electronically through the Electronic Copyright
Office for a lower fee ($35). http://www.copyright.gov/eco/
Or register by paper application with the US Copyright Office
• Form TX for textual works http://www.copyright.gov/forms/formtx.pdf
• Send a deposit copy(ies) of the work as required• Include non-refundable application fee ($65)
ProQuest offers this as a fee-service• For a fee, ProQuest will register your work with the
US Copyright Office for you
You've defended! You're done!What happens next?
Limiting access to your dissertation -the Embargo
• Dissertations are normally made publicly available through Deep Blue.
• You may request a temporary embargo from Rackham if...
What to know if you publish your dissertation with ProQuest
• High visibility• Many universities have a subscription• Able to sell your work on Amazon
Publishing & Your Dissertation
• Revise, revise, revise.
• Check your permissions.
• Understand your contract.o UM Author's Addendum can help you understand which rights you
might want to retain depending on the type of publication.
• Be aware that your publisher might ask you to take down freely-available versions of your manuscript.
Guidelines and Best Practices
Best practices in Fair Use
• ARL Code of Best Practices in Fair Use• http://www.arl.org/pp/ppcopyright/codefairuse/index.shtml• Code of Best Practices in Fair Use of Online Video• http://www.centerforsocialmedia.org/fair-use/related-material
s/codes/code-best-practices-fair-use-online-video• Visual Resources Association Statement on Fair Use• http://www.vraweb.org/organization/pdf/VRAFairUseGuidelin
esFinal.pdf• Documentary Filmmakers Statement of Best Practices in
Fair Use• http://www.centerforsocialmedia.org/fair-use
Resources
• Kenneth Crews. Copyright Law & Your Dissertation: New Media, New Rights, and Your Dissertation http://www.umi.com/en-US/products/dissertations/copyright/
• Rackham Dissertation Resources http://www.rackham.umich.edu/dissertation_information/the_dissertation/dissertation_resources/
• Joan T. Dalton and Nancy H. Seamans. "Electronic Theses and Dissertations: Two Surveys of Editors and Publishers" University Library Faculty Publications. , 2004. Available at: http://works.bepress.com/nancy_seamans/5
• Gail McMillan, et al. "An Investigation of ETDS as Prior Publications," 2012. Available at: http://dl.cs.uct.ac.za/conferences/etd2011/papers/etd2011_mcmillan.pdf
• Kevin Smith. Dissertations for Sale or Scaring the Children Part 2. http://blogs.library.duke.edu/scholcomm/2012/07/07/dissertations-for-sale-or-scaring-the-children-part-2/
• Stuart Shieber. Dissertation Distribution Online http://blogs.law.harvard.edu/pamphlet/2011/02/14/dissertation-distribution-online-my-comments-at-the-aha/
Where to get help• UM Copyright Office (general questions and non-legal
advice)• Visual Resource Center & Image Works (finding
images)• Your liaison librarian!
Copyright Crash Course by Georgia Harper. University of Texas Libraries http://copyright.lib.utexas.edu/index.html#
US Copyright Office: Information Circulars and Factsheets
http://www.copyright.gov/circs/
Resources from the Copyright Office at the University of Michigan
http://guides.lib.umich.edu/dissertationresources
http://guides.lib.umich.edu/copyrightbasics
http://guides.lib.umich.edu/permissions
http://guides.lib.umich.edu/gradspublishing
Thank You!
Kristina Eden
Copyright Projects Librarian
MPublishing, University Library
734-764-9602
Meredith [email protected] Services & Outreach LibrarianMPublishing, University Library