8/9/2013 Prepared by: Barbara Ingrassia, Lamar Soutter Library © 2013 UMass Med School This information is not to be construed as legal advice. 1

8/9/2013 Prepared by: Barbara Ingrassia, Lamar Soutter Library © 2013 UMass Med School

This information is not to be construed as legal advice.

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Copyright in the Digital Age…



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IT DEPENDS



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GUIDE to the SLIDES:

Responses to survey slides 5-6Copyright “Basics” slides 7-10Attribution slides 11-12Fair Use slides 13-16Permission slides 17-24“Typical questions” from survey slides 23, 25-27, 28-29, 30•Author: Can’t ID/contact. No response slide 23•Project Gutenberg and public domain slides 25-27•Locating Public Domain images slides 28-29•Copyright records slide 30Conclusion slides 31-34Best Practices slide 32Contact info slides 35-36



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Thank You for your responses to the survey



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ATTRIBUTION

vs.

PERMISSION

vs.

FAIR USE



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AND...just to complicate matters a bit more…

is no longer required…

©

ASSUME the work you want to use is COPYRIGHTED—

Until you can determine otherwise!

This includes:

* Books * Journal articles * E-mail messages * Blog postings * Webpages

*Images (photos, charts, graphs, tables, illustrations, microslides)

*Video *Audio *Cartoons *Clipart

Even notes on paper napkins….AND “Happy Birthday”8/9/2013 Prepared by: Barbara Ingrassia, Lamar Soutter Library © 2013 UMass Med School


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|

|

Secured automatically when the work is created and fixed in a tangible medium May belong to the:

Author(s)Employer/Funder

Rights can be transferred in whole or in part—

Often, authors transfer all of their ownership rights to a publisher when accepting the offer to be published— BE WARE!! Read the fine print!



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Copyright Ownership


This information is not to be construed as legal advice. 10

OPTIONS for choosing content:

ALWAYS include an attribution/citation



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In all cases…

Proper, Complete, Bibliographic

ATTRIBUTION

Is

ESSENTIAL…at the point of use

To Avoid charges of PLAGIARISM



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BUT…

“ATTRIBUTION”

IS NOT

“PERMISSION to use”



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“Fair Use” –

Probably the MOST MISUNDERSTOOD part of the Copyright Law

“Every educational use” is NOT AUTOMATICALLY a Fair Use There are NO MAGIC numbers, percentages, etc. in the U.S. Copyright Law

Any “numbers” that you see in articles on this topic may be:Simply Guidelines—without the force of law ORIf within a signed license—those are binding. (“License trumps Law.”)



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“FAIR USE”A limitation on the requirement that copyrighted works cannot be used without permission

Fair Use is not “fair to use”

Not every educational use is automatically “Fair Use.”

“Fair Use” is determined by an analysis of FOUR FACTORS on a case-by-case basis for each passage, image, etc.

This is complex. Only a court of law can ultimately determine “fair use.” See excellent 9 minute video A Window on Fair Use created by Ellen Duranceau at M.I.T.

http://libraryguides.umassmed.edu/content.php?pid=154236&sid=1329810




http://techtv.mit.edu/videos/4882



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Whether a proposed use is a FAIR USE is determined by the careful analysis of the 4 FACTORS---for each piece of 3rd party copyrighted content –including each image—that you propose to use

IT DEPENDS… on the SPECIFICS of the situation:

Purpose and character of the proposed use Nature of the copyrighted work Amount and substantiality of the portion used Effect of the use on the Market for the original Work

This must be done BEFORE you use the work



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“Fair Use” is a DEFENSE to answer a charge of infringement

“Fair Use” is a NOT a “SLAM DUNK.”

“Fair Use” requires a CAREFUL ANALYSIS…a THOUGHT PROCESS…

AND

DOCUMENTATION… that is retained indefinitely

Resources:http://copyright.columbia.edu/copyright/fair-use/http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/http://librarycopyright.net/resources/fairuse/ (ALA’s Fair Use Evaluator)http://www.arl.org/focus-areas/copyright-ip/fair-use/code-of-best-practicesARL co-facilitated the development of Code of Best practices in Fair Use for Academic and Research Libraries—a consensus document that explains and expands librarians’ concepts of F.U.)

http://copyright.columbia.edu/copyright/fair-use/

http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/

http://librarycopyright.net/resources/fairuse/

http://www.arl.org/focus-areas/copyright-ip/fair-use/code-of-best-practices



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IF your proposed use does not fall under:

• “Free-to-use” Public Domain

• “Use with Conditions” licensed by your institution Creative Commons license

• “Fair Use”

And you can’t find—or create--something suitable that does….



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You may need to obtain permission from the copyright owner.

NOTE: This may be in the form of a

“NO-COST LICENSE” OR

“FEE-BASED LICENSE”

Permission comes as a license with conditions.



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Tips for obtaining permission.

http://copyright.columbia.edu/copyright/permissions/ Collective Licensing Agencies for:

Works in printOnline worksMusical works: performance rightsMusical works: mechanical rightsDramatic worksPictorial, Graphic, and Sculptural worksMotion Pictures and other Audio-Visiual WorksSoftwareSyndicated Comics, Cartoons, and EditorialsReligious works

From the: Columbia University Libraries/Information Services Copyright Advisory Office"Used under a Creative Commons BY license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director."



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http://www.copyright.com/

The CCC has a PAY-PER-USE option

Copyright Clearance Center

http://www.copyright.com/search.do?operation=show&page=academic



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Many publishers now post permission procedures on their web page or even next to the article:

RightsLink (another service from the Copyright Clearance Center) (SEE: example from Elsevier)

This is particularly useful for requests to “republish”

NOTE: Use of images often requires contacting the publisher directly. (Publisher may not own the rights)

http://www.elsevier.com/wps/find/authorsview.authors/permissionsguide



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Using Rightslink for permissions


Image © Elsevier.

Used by permission.

IMPT TO INCLUDE!!




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What if I can't identify/locate the copyright owner OR the owner doesn't reply to my request?

Wise words from Ken Crews http://copyright.columbia.edu/copyright/permissions/if-you-cannot-find-the-owner/

Possible options: (not to be construed as legal advice)

· Re-evaluate your Fair Use analysis, based upon your due diligence in seeking permission [market effect]· Choose a different work for which permission is not an issue.· Alter your planned use of the work. Revise your plans to something more modest and controllable, and again perform a Fair Use analysis. [purpose] [market effect]· Conduct a risk-benefit analysis. Carefully consider the facts and circumstances of your proposed use. You may want to consult an attorney."Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director."

http://copyright.columbia.edu/copyright/permissions/if-you-cannot-find-the-owner/


This information is not to be construed as legal advice. 24

IMPT

KEEP COPIES OF YOUR completed“FAIR USE ANALYSIS” PAPERWORK “PERMISSIONS” PAPERWORK—FOR THE LONG-TERM—IN A SAFE PLACE



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http://www.gutenberg.org http://www.gutenberg.org/wiki/Gutenberg:The_Project_Gutenberg_License

Are all works at Project Gutenberg in the public domain? Can I use them in a for-profit publication? http://www.gutenberg.org

Another from your “typical questions:”

http://www.gutenberg.org/

http://www.gutenberg.org/wiki/Gutenberg:The_Project_Gutenberg_License

http://www.gutenberg.org/



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http://www.gutenberg.org/wiki/Gutenberg:The_Project_Gutenberg_License

“For nearly all uses, in nearly all parts of the world, the opening words of all of our eBooks apply: This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the P.G. License included with this eBook or online…”



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Where can I find images that are in the Public Domain?


That is a very COMMON question in our institution…



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http://en.wikipedia.org/wiki/Wikipedia:Public_domain_image_resources

EXCELLENT TUTORIAL:http://en.wikipedia.org/wiki/Wikipedia:Finding_images_tutorial

READ:http://en.wikipedia.org/wiki/Wikipedia:Image_use_policy

A VERY COMPREHENSIVE LIST of

Public Domain resources: (especially IMAGES)

ALWAYS confirm that the particular work you want to use is in fact in the

PUBLIC DOMAIN.

Be wary of any site labeled “FREE.” It might not mean “FREE to Re-Use”



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http://cocatalog.loc.gov (U.S. copyrights and registrations 1978-)

http://archive.org/details/copyrightrecords(U.S. copyright registrations 1891-1977)

(Digitization project in process; working backward from 1977)


Can you explain a bit more about these databases?

SEE: http://copyright.gov/records/ for “how to search”



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Copyright is a v a s t, deep topic.

There’s so much more that we could discuss…

Another time…

Here is a list of possible “Best Practices:”



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Some “Best Practices” DO:

ASSUME that a work is copyrightedA © copyright statement is no longer requiredTHINK LINKRemember that Publicly accessible IS NOT automatically Free to UseCheck terms and conditions of useLimit global searches to Free to useUse resources licensed by your institution, if permittedUse resources in the PUBLIC DOMAINUse Creative Commons Resources http://search.creativecommons.orgInclude complete attribution at the “point of use”Include a permalink to the original Work, if possibleInclude a © copyright statement, if appropriateDo include “contact for permission info,” if appropriate



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There are no “pat answers.”

Every situation is different.

The work to be used…How the work is to be used…How much of the work is to be used…Where the work will be used…How long the work will be used…Is there a license agreement involved…etc.



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Easiest answer to a copyright question:

IT DEPENDS



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Thank You!

Barbara IngrassiaHead, Copyright and Licensing Services

UMass Medical SchoolWorcester, MA

http://libraryguides.umassmed.edu/copyright



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[email protected]

Alternate contact info:

Documents

8/9/2013 Prepared by: Barbara Ingrassia, Lamar Soutter Library © 2013 UMass Med School This information is not to be construed as legal advice. 1