copyrights and wrongs
TRANSCRIPT
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
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
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
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
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 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.