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Copyright and Education:Copyright and Education:Trends, Developments, and Future DirectionsTrends, Developments, and Future Directions
Institute for Computer Policy and LawEducause & Cornell University
Ithaca, New YorkJune 30, 2005
Kenneth D. Crews, J.D., Ph.D.The Samuel R. Rosen II Professor
Indiana University School of Law-Indianapolis
Indiana University-Purdue University Indianapolis
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Why is Copyright Important?Why is Copyright Important?
Broad Scope of Protected WorksBroad Scope of Protected Works Ease of Creating and Use Copyrighted Ease of Creating and Use Copyrighted
WorksWorks Your Issues:Your Issues:
– Website DevelopmentWebsite Development– Multimedia ProjectsMultimedia Projects– Computer ProgrammingComputer Programming– More!More!
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Eligibility for Copyright Protection Eligibility for Copyright Protection Go!Go!
Securing Copyright Protection/Formalities Securing Copyright Protection/Formalities Go!Go!
Ownership of Copyright Ownership of Copyright Go!Go!
Rights of the Copyright Owner Rights of the Copyright Owner Go!Go!
Duration of Copyrights Duration of Copyrights Go!Go!
Exceptions to the Rights of Owners Exceptions to the Rights of Owners Go!Go!
Digital Millennium Copyright Act Go!Digital Millennium Copyright Act Go!
The Big Picture:The Big Picture:Structure of the Law of CopyrightStructure of the Law of Copyright
The Big Picture:The Big Picture:Structure of the Law of CopyrightStructure of the Law of Copyright
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FundamentalsFundamentals of Copyrightof Copyright
Eligibility for Protection:Eligibility for Protection:– Original Works of AuthorshipOriginal Works of Authorship– Fixed in a Tangible Medium of ExpressionFixed in a Tangible Medium of Expression
Securing ProtectionSecuring Protection– Automatic ProtectionAutomatic Protection– No Requirement of FormalitiesNo Requirement of Formalities– Formalities Yield Some Legal BenefitsFormalities Yield Some Legal Benefits
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Ownership of the CopyrightOwnership of the Copyright
Creator of the Original WorkCreator of the Original Work Transfers of CopyrightTransfers of Copyright
– Required FormalitiesRequired Formalities– Termination of TransfersTermination of Transfers
Work Made for HireWork Made for Hire– Version 1: Employee/Scope of EmploymentVersion 1: Employee/Scope of Employment– Version 2: Independent ContractorVersion 2: Independent Contractor
Signed WritingSigned WritingSpecified List of WorksSpecified List of Works
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Rights of the Copyright OwnerRights of the Copyright OwnerRights of the Copyright OwnerRights of the Copyright Owner
Fundamental RightsFundamental Rights
– ReproductionReproduction
– DistributionDistribution
– Derivative WorksDerivative Works
– Public Performance and DisplayPublic Performance and Display
Recent AdditionsRecent Additions
– Moral Rights (§106A)Moral Rights (§106A)
– Digital Transmissions of Sound RecordingsDigital Transmissions of Sound Recordings
– DMCA ProvisionsDMCA Provisions
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Duration of Copyright ProtectionDuration of Copyright ProtectionDuration of Copyright ProtectionDuration of Copyright Protection
Works Created During or After 1978Works Created During or After 1978– Life of Author Plus 70 YearsLife of Author Plus 70 Years– Work-For-Hire: 95 Years from PublicationWork-For-Hire: 95 Years from Publication 120 Years from Creation120 Years from Creation
Works Published Before 1978Works Published Before 1978– Generally Maximum of 95 Years/Since 1923Generally Maximum of 95 Years/Since 1923– Possibly Short Term If No Notice or RenewalPossibly Short Term If No Notice or Renewal– Foreign Copyrights May Be RestoredForeign Copyrights May Be Restored
Works Created But Not Published Before 1978Works Created But Not Published Before 1978– Life of the Author Plus 70 YearsLife of the Author Plus 70 Years– Effective Starting Jan 1, 2003!Effective Starting Jan 1, 2003!
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Exceptions to the Rights of Copyright OwnersExceptions to the Rights of Copyright OwnersExceptions to the Rights of Copyright OwnersExceptions to the Rights of Copyright Owners
Section 107: Fair UseSection 107: Fair Use Section 108: Library CopyingSection 108: Library Copying Section 109: First-Sale DoctrineSection 109: First-Sale Doctrine Section 110: Displays and PerformancesSection 110: Displays and Performances Section 114: Transmissions of Sound RecordingsSection 114: Transmissions of Sound Recordings Section 115: Compulsory Licenses/RecordingsSection 115: Compulsory Licenses/Recordings Section 120: Architectural WorksSection 120: Architectural Works Section 121: Persons with DisabilitiesSection 121: Persons with Disabilities
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What Are the Rights to UseWhat Are the Rights to UseCopyrighted Works?Copyrighted Works?
What Are the Rights to UseWhat Are the Rights to UseCopyrighted Works?Copyrighted Works?
Section 107: Fair UseSection 107: Fair Use
– PurposePurpose of the Use of the Use– Education vs. CommercialEducation vs. Commercial– TransformativeTransformative
– NatureNature of the Work Used of the Work Used
– AmountAmount Used Used
– EffectEffect of the Use on Market or Value of the Use on Market or Value
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Electronic Reserves:Electronic Reserves:An Example ApproachAn Example ApproachElectronic Reserves:Electronic Reserves:
An Example ApproachAn Example Approach
Purpose of the UsePurpose of the Use– Serve educational needsServe educational needs– At request of instructorAt request of instructor– Password restrictionPassword restriction
Nature of the WorkNature of the Work– Related to educational objectivesRelated to educational objectives– Portion that serves educational needPortion that serves educational need– Limited portions from creative worksLimited portions from creative works
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Electronic Reserves:Electronic Reserves:An Example ApproachAn Example ApproachElectronic Reserves:Electronic Reserves:
An Example ApproachAn Example Approach
Amount of the WorkAmount of the Work– Brief works or portions of longer worksBrief works or portions of longer works– Portion that serves educational needPortion that serves educational need
Effect on Market for OriginalEffect on Market for Original– No repeat use by same instructor/same courseNo repeat use by same instructor/same course– Copyright notice and citationCopyright notice and citation– Password restrictionPassword restriction– Lawfully obtained original in collectionLawfully obtained original in collection– Do not compete with available coursepacksDo not compete with available coursepacks
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What Are the Rights to UseWhat Are the Rights to UseCopyrighted Works?Copyrighted Works?
What Are the Rights to UseWhat Are the Rights to UseCopyrighted Works?Copyrighted Works?
Section 108: Library CopyingSection 108: Library Copying– Eligible LibrariesEligible Libraries– PreservationPreservation– Copying for Personal UsesCopying for Personal Uses– Interlibrary LoansInterlibrary Loans
Section 109: First SaleSection 109: First Sale– Sales, Rental, LendingSales, Rental, Lending– Public DisplayPublic Display
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What Are the Rights to Use What Are the Rights to Use Copyrighted Works?Copyrighted Works?
What Are the Rights to Use What Are the Rights to Use Copyrighted Works?Copyrighted Works?
Section 110(1)Section 110(1)– Performances and DisplaysPerformances and Displays– Face-to-Face TeachingFace-to-Face Teaching
Section 110(2)Section 110(2)– Distance LearningDistance Learning– Performances and DisplaysPerformances and Displays– Some Reproduction & DistributionSome Reproduction & Distribution
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Click to Beginning!Click to Beginning!
Kenneth D. Crews, J.D., Ph.DKenneth D. Crews, J.D., Ph.D.
The Samuel R. Rosen II Professor of LawThe Samuel R. Rosen II Professor of Law
Indiana University School of Law-IndianapolisIndiana University School of Law-Indianapolis
Associate Dean of the Faculties for Copyright ManagementAssociate Dean of the Faculties for Copyright Management
Indiana University -Purdue University IndianapolisIndiana University -Purdue University Indianapolis
(317) 274-4400 Fax: (317) 278-3326 (317) 274-4400 Fax: (317) 278-3326
[email protected]@iupui.edu
www.copyright.iupui.eduwww.copyright.iupui.edu
Copyright and Education:Copyright and Education:Trends, Developments, and Future DirectionsTrends, Developments, and Future Directions
