Copyright and

AcademicsAngela Medley

ITEC 7445

Genera

l Rule

for

Copyr

ight

Law

s

“Assume all works are protected by copyright

or trademark law unless conclusive information indicates otherwise.”

www.fairuse.stnadford.edu/overview

2 M

yths o

f Copyrig

hts

that m

ust b

e a

void

ed

Myth #1

A work is not

public domain

simply because

it has been

posted on the

internet.

Myth #2

A work is not

public domain

because it

lacks a

copyright

notice.

Copyright

materials

Academic

permission is

needed to

compile

copyrighted

materials used

for teaching.

This compilation

is often called a

“coursepack” or

“reader.”

Fair Use

Permission is

not required for

educational

use of

copyrighted

materials

under fair use.

Aca

dem

ic Perm

issions

Can B

e D

iffere

nt…

Aca

dem

ic

Cours

epack

s

• An academic coursepack is usually used in a face to face environments where copies of copyrighted materials are distributed in a book format or as handouts.

• Clearance can be provided by the publisher of the material for a fee.

• Clearances usually last one semester.

• Electronic coursepacks are also now available.

Aca

dem

ic

Cours

epack

s

• An academic coursepack is usually used in a face to face environments where copies of copyrighted materials are distributed in a book format or as handouts.

• Clearance can be provided by the publisher of the material for a fee.

• Clearances usually last one semester.

• Electronic coursepacks are also now available.

(Basic Books Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522 (S.D. N.Y. 1991)

How

to O

bta

in

Cle

ara

nce

for

Aca

dem

ic C

ours

epack

s

• Clearance services such as www.copyright.com

• University bookstores or copy shops

• Department administration

Fair

Use • “Fair use is the right to use portions of copyrighted

materials without permission for purposes of education, commentary, or

parody.”

http://fairuse.stanford.edu/overview/non-coursepack/

Prin

ciple

s of

Fair

Use

Sect

ion 1

07 o

f th

e C

opyr

ight

Law

Section 107 provides 4 factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

Prin

ciple

s of

Fair

Use

Sect

ion 1

07 o

f th

e C

optr

ight

Law Continued…

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole4. The effect of the use upon the potential market for, or value of, the copyrighted work

http://www.copyright.gov/fls/fl102.html

So, how do I avoid

making a mistake?

Read C

lick-

Wra

p

Agre

em

ents

• Do not assume that clip art or any material labeled royalty-free or copyright-free can be used freely.

• Many times the terms and conditions will not allow a user to distribute or copy this material without authorization.

• Always read the terms and conditions in “Click to Accept” agreements (AKA Click-Wrap Agreements)

Rem

ove

U

nauth

ori

zed

Mate

rial

• Any complaints regarding material used on your website should result in the content being removed immediately.

• Consult with an attorney if needed.

• Do not aggravate the claim by continuing to use the material after a complaint has been made.

Inve

stig

ate

C

laim

s Pr

om

ptl

y

• Strive to seek evidence of copyright ownership if a complaint has been made

• The webmaster must investigate how that material was transferred. If copies were downloaded from the infringing site, then the webmaster would need to know who downloaded the material and how many copies were downloaded.

Copyr

ight

Prote

ctio

n“Extends to any original work regardless of who created it and permission is required for reproduction, display, or

distribution of the work.”

www.fairuse.stnadford.edu/overview

How

to I O

bta

in

Perm

issi

on?

• Written permission is best although oral permission is acceptable, just more difficult to prove.

• See the sample below of an informal release:

I am the owner of rights to “The Eiffel Tower at Dusk” and I authorize its display and reproduction on the “Paris” website located at www.paris.com for a period of 2 years.

Is T

his

All

Really

N

ece

ssary

? • The more popular the

website, the higher the likelihood of getting caught.

• The best way to avoid complaints is to seek permission to use material that is not owned by you.

• Lawsuits can occur based on infringement complaints. Don’t let them happen to you!

Who is

Goin

g t

o

Catc

h M

e?

• Many companies patrol the internet for infringement.

• Markwatch (markwatch.com) is a company that functions as a cyber bounty hunter searching the web for infringement issues.

• The Association for the Protection of Internet Copyright (APIC) also seeks out violations.

Sce

nari

os

• Mrs. Smith is making copies of the science textbook and selling them because the school cannot afford textbooks for her students. She is going to use the money for lab equipment.

• Mr. Taylor uses sheet music copied from the internet to teach his band students the music for the Friday night football game.

• Principal Addock decides to utilize a Prentice-Hall online textbook for math instruction.

Answ

ers

to

Sce

nari

os

• Copyrighted materials cannot be sold for money even if the money does go to benefit education.

• Mr. Taylor must purchase the sheet music for distribution to his students. He is allowed to pull pieces of a song from the internet but not the entire song.

• As long as Principal Addock pays for the online textbook or has permission for its use from Prentice-Hall, he is not doing anything illegal.

Who is

Goin

g t

o

Catc

h M

e?

• Many companies patrol the internet for infringement.

• Markwatch (markwatch.com) is a company that functions as a cyber bounty hunter searching the web for infringement issues.

• The Association for the Protection of Internet Copyright (APIC) also seeks out violations.

Refe

rence

shttp://www.copyright.gov/fls/fl102.htm

http://fairuse.stanford.edu/overview

Retrieved September 24, 2013