jeremy rowe [email protected] copyright planning issues
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Jeremy Rowe [email protected]
Copyright Planning Issues
Technology Empowers
Making users:
producers
publishers
distributors
Publishers and distributors are
increasingly vocal in legal, legislative and policy forums.
The major concerns are effect on potential markets and loss of control once materials are digitized.
There are few clear-cut answers.
Most decisions are made within a continuum.
Copyright Protects tangible works by giving the
creator exclusive right to publish, duplicate, display, and prepare derivative works and to determine when others may do so.
Trademark
A word, name, symbol, or device used by a manufacturer or merchant to identify and distinguish their goods from others.(active only while used and enforced)
Copyright
Purposes:
Protect intellectual property
Preserve market for author
Provide access for educational purposes
Technology makes copying easy, but
access does not imply permission.
The technologies change faster than the policy environment.
BackgroundInitial legislation of 19091976 RevisionSubsequent amendments 1980, 1983, 1988,
1992, 1995, 1996, 1998Berne Agreement signed in 1988 requires
only fixation, copyright notices are not required.
1998 Digital Millennium Copyright Act
Extends protection, delays "public domain" additions for 19 years
ISP provider protection
Strengthens copyright protection and management systems
Distance Education study
Protection of personal information
Boat hull protection
Copyright Protects
Literary works
Musical work
Dramatic works
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Sound recordings
Rights Of The Copyright Holder Copy or reproduce Prepare derivative works (e.g., digitize
images) Distribute or market copies Public performance and display (e.g.,
electronic) Moral rights Can license (e.g., get permission for) some
or all of these rights
Public domain works: http://www.unc.edu/~unclng/public-d.htm
Creators often sign away rights to
publishers which require obtaining permission to duplicate, distribute, or post on WWW pages.
Using Materials Created By Others Component materials
Copyrightable material: ExpressionOriginalFixed in tangible medium
Notice and publication are no longer required
Moral rights: integrity and attribution
“Fair Use” Criteria
1. The purpose and character of the use.
2. Nature of the Copyrighted work.
3. The amount and substantiality of the portion used in relation to the whole work.
4. The effect on the potential market for, or value of the Copyrighted work.
For Each Component
Determine Need for Permission Guidelines - narrower than fair use
Fair use - more likely if permission difficult (or outrageously expensive) to get
Need permission to use materials for more than one semester (see electronic reserves)
Must comply with copyright and other laws (see sample language for syllabus)
Document Permission
Materials ProducedBy faculty: ABOR policy determines ownership By production team: To what extent is each
contribution copyrightable? By students:
Are they employees or under contract? Do they have the only copies? How do you know the work is original?
Unless paid by ASU, normally students will own the copyright in their work. This means, for example, we can't post their work on a web site without their permission.
Materials Produced (ctd.)Record keeping
Required to maintain records such as grade books(see retention schedules at university archives) www.asu.edu/lib/archives
Records and information must be secure and maintain privacy
Suggested Language For Syllabus Students are required to read and act in accordance with
university and Arizona Board of Regents policies, including:The Academic Integrity Policy:
http://www.asu.edu/studentlife/judicial/integrity.html The Student Code of Conduct: Arizona Board of Regents
Policies 5-301 through 5-308 http://www.abor.asu.edu/1_the_regents/policymanual/index.html#5
The Computer, Internet and Electronic Communications Policy
http://www.asu.edu/aad/manuals/acd/acd125.html
Materials posted to websites or distributed in violation of university policy or applicable law, including copyright, trademark and privacy laws may be removed at the discretion of the university.
Use Of Copyrighted Materials In Password Protected Or Secure Environment
Must follow guidelines for electronic reserves (or obtain written permission)Only one copy of any copyrighted item for one
semester only. The item cannot be used again without written
copyright permission. The instructor is responsible for obtaining permissions.
A copy of one chapter from a work of a single author or copies of not more than three chapters or articles from a collective work or periodical volume may be used over the course of a semester
Project PlanningPlan for the broadest potential uses
Review sources of all material
Check licenses and restrictions
Obtain needed permissions
Alternative Production Resources
Owned or self-produced materials
Public Domain materials
Licensed clip art
Commissioned work
Who Owns Multimedia Materials, The Creator Or ASU?
Copyright law -
Author/creator of work is usually the owner of copyright
May be multiple authors - this is a big fact question, contract to explain
Independently copyrightable contributions
Mutual intent
Academic Tradition
Universities have released interest in copyrights to faculty for traditional academic publications (e.g., journal articles, text books)
Tradition does not address new media (e.g., software, multimedia)
ASU's Intellectual Property Committee is proposing a policy
Employer (ABOR/ASU) is the owner if:
Work is created by employee within scope of employment
Work is created under contract (with assignment)
Work is properly documented as a work for hire
ABOR Policy Addresses OwnershipABOR Policy: ABOR/ASU will own if
significant use of university resourcesResearch funding Funding for asynchronous or distance learning Assistance of support staff Use of:
University paid time within the employment period
Telecommunication services University central computing resources Instructional design or media production
services Research equipment and facilities or production
facilities
Who Controls The Content? Institutions want greater control over:
-Format -Content
Use of institutional name, logo, resources Use of content owned by third parties
-Text -Music (mechanical and synchronization rights) -Software and patent issues-Images • Copyright• Likeness of individuals • Privacy and publicity
Can Instructors Take the Material With Them If They Change Jobs?
Factors: Sole author Joint author University policy Individually negotiated agreement Ownership v. license to use Nature of intended use
How Are Revenues Shared?Joint authorship under copyright law
(without an agreement) Individually negotiated agreement ABOR policy: university owns, authors
share in revenue net associated costsAuthor(s) receive minimum of 50% of first
net $10,000 And minimum of 25% of net in excess of
first net $10,000
Planning Issues- Summary Compare ownership with right to use
-Review ABOR Intellectual Property Policy 6-908 http://www.abor.asu.edu/1_the_regents/policymanual/index.html
Evaluate university resources used to develop and to:
-Enhance a course with technology to use internally -Create a product that can be marketed separately
Other considerations:-Permission for included materials (e.g., copyright) - -Accessibility for disabled users
-Role of students in course development
END
http://www.public.asu.edu/~jeremy/11_01copyrightpresentation.html