the basics of copyright joy kirchner & amy buckland auburn, almay 8, 2015 acrl scholarly...

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The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, AL May 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

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Page 1: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

The Basics of CopyrightJoy Kirchner & Amy Buckland

Auburn, AL May 8, 2015

ACRL Scholarly Communications Roadshow

INTELLECTUAL PROPERTY:

©

Page 2: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Regulatory environment

Copyright & Fair Use

Licensed Library

Resources

Website

Terms of Use

Publisher

Agreements

Page 3: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Stand up if…

.

By Horia Varlan http://www.flickr.com/photos/horiavarlan/4839454263/

Page 4: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

What is Copyright?

Copyright is a bundle of rights to:

Make copiesDistribute the workPrepare derivative worksPublicly perform or display the work

License any of the above to third parties

Page 5: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

What Authors Own

Page 6: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

How do we get copyright?

Copyright exists from the moment of creation In original works fixed in tangible formLasts for the life of the author plus 70

years

No need to use ©, no “magic words”

Copyright just happens

Page 7: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Who is the Copyright Holder?

The creator is usually the initial copyright holder

If two or more people jointly create a work, they are joint copyright holders,

with equal rights

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 “follows the pen”

Page 8: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

What Copyright Protects

PROTECTED

Writing Choreography Music Visual art Film Architectural

works

NOT PROTECTED

IdeasFactsTitlesDataMethods

(patent)

Page 9: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Free as Air – The Public Domain

Works published before 1923

Works published without notice prior to

1989 Works not renewed

prior to 1963 Works of the federal

gov’t Titles, short phrases &

facts Ideas

Page 10: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Fair Use

FOUR FACTORS ONE QUESTION: Transformation

i. What are you doing?

ii. How much are you using?

iii. What kind of work are you using?

iv. Is your work a substitute?

“Are you adding something new, or just free riding on someone else’s

work?”

Page 11: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

How do I evaluate copyright?

Page 12: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

What about web resources?

O What about a link?

O What about terms & conditions?

Page 13: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

http://www.googlizationofeverything.com/

Page 14: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

What about data?Factors:

OFactualOExpressionOOpen data?

Page 15: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Open to machine reading, indexing,

and processing.

Page 16: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

http://www.plos.org/oa/definition.php

• Authors owns copyright

• All authors agree to adhere

to a cc license which allows others to:

“to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship,”

What about Open Access?

Page 17: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

What about international copyright?

Where will it be used?

Copyright laws where items used - not the original country of publication - tend to apply.

Berne Convention signatories

Most countries 70 to 75 year copyright term.

- http://copyright.cornell.edu/resources/publicdomain.cfm

Page 18: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Managing Our Rights

Page 19: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Giving Away Copyright?!

Copyright can only be transferred (“assigned”) in writing

Licensing allows specific rights to be retained: Authors keep copyright and license other rights

(e.g., first publication) Publishers take copyright and license rights back

(e.g., reproduction, derivatives)

Addenda can be added to publication agreements to negotiate rights retention

Page 20: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Licenses and Copyright

Licenses are contracts that allow others to

exercise some right that the licensor owns

A non-exclusive license can be transferred verbally

(writing is better)

May carry conditions and limitations

It can LOOK like copyright transfer, especially if

exclusive

Page 21: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Bundled vs. Unbundled

RIGHTS PUBLISHERS WANT

RIGHTS PUBLISHERS NEED

Reproduction

Distribution

Derivatives

Pretty much all of

them

Right of First Publication

. . . that’s really all

Other issues can be

managed with licenses

Page 22: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Why is Reuse Important?

Distribution to colleagues

Teaching

Web access

Conference presentation

Republication

OA, freely accessible . . . and possibly more

If Creative Commons licensed, then license defines reuse

If published traditionally, only fair use

BY THE AUTHOR BY OTHERS

Mandates!

Page 23: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©
Page 24: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

It’s Negotiable

If you don’t ask, you don’t getEven if you don’t succeed, it is useful to ask

Think about what you need

Read and save the agreement

Consider addenda (and learn from them!)

Work with your editor or publisher

Know what you want to accomplish!

Page 25: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Addendum to Publication Agreement

Page 26: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©
Page 27: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Summary of re-useE-resources(library licensed subscriptions)Print resourcesWeb pages

CC-licensed & Open Access

Author rights

= licenses (contracts) apply

= if not in the public domain; check terms on the website.

= check CC terms

= if publishing agreement, check terms; if OA see CC-license

Page 28: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

When do I need to seek permission?

O What are the licensing terms?O Creative Commons license?O Is it in the public domain?

O Contact copyright owner!

Page 29: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Take Home Points

1. We all own copyright automatically until we sign it away.

2. Try not to give away more than you need to.

3. Think ahead to how you might want to use your work.

4. CC licenses, addenda, and negotiation are simple steps that don’t negate peer-review.

Page 30: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Questions?

Page 31: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Rights Agreement

Exercise

Page 32: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

Publication Agreements

Who owns copyright?

How you can you share your article? With colleagues? With students? At conferences? Online?

What do they promise you they will do?

What - and how - can you archive?

What would you change?

Page 33: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

AttributionO "Orion aveugle cherchant le soleil" – Public

Domain, retrieved from Wikimedia

O "Write" © Erich Stussi, used in CC-BY

O "Sunflower Field" © Matthew Whitehead, used under CC-BY

O "Legalese" © Ian Varley, Used under CC-BY

O "Plan Ahead" © Nick Richards, Used under CC-BY

Page 34: The Basics of Copyright Joy Kirchner & Amy Buckland Auburn, ALMay 8, 2015 ACRL Scholarly Communications Roadshow INTELLECTUAL PROPERTY: ©

This work was created by Molly Keener for the 14th ACRL National Conference, Scholarly Communication 101 workshop, and last updated by Amy Buckland and Joy Kirchner in April 2015.

This work is licensed under a Creative Commons Attribution Non-Commercial Share Alike 3.0 United States license: http://creativecommons.org/licenses/by-nc-sa/3.0/.