Copyright Practical Applications Gail McMillangailmac@vt.edu Director, Digital Library and Archives University Libraries http://scholar.lib.vt.edu.

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  • CopyrightPractical ApplicationsGail McMillangailmac@vt.edu

    Director, Digital Library and ArchivesUniversity Librarieshttp://scholar.lib.vt.edu

  • Who owns the copyright?Creators of original works Creators' assignees Employers: works for hireNew York Times et al., Petitioners, v. Jonathan Tasini et al. Greenberg v. National Geographic MagazineWhy officially register your copyright? Possibly receive greater compensation, with less documentation when filing an infringement suit

  • Rights of copyright holders1. Reproduction 2. Modification 3. Distribution 4. Public performance 5. Public display

    Title 17 U.S.C. Sec. 106

  • Permission or license to use a copyrighted work is NOT required if Work is a fact or an ideaPhone number, earth is round Public domainUS; very, very oldFair usehttp://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

  • Lolly Gassaway: http://www.unc.edu/~unclng/public-d.htm Public Domain

    Sheet1

    DATE OF WORKPROTECTED FROMTERM

    Created 1-1-78 or afterWhen work is fixed in tangible medium of expressionLife + 70 years [1] (or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation [2]

    Published before 1923In public domainNone

    Published from 1923 - 63When published with notice [3]28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain

    Published from 1964 - 77When published with notice28 years for first term; now automatic extension of 67 years for second term

    Created before 1-1-78 but not published1-1-78, the effective date of the 1976 Act which eliminated common law copyrightLife + 70 years or 12-31-2002, whichever is greater

    Created before 1-1-78 but published between then and 12-31-20021-1-78, the effective date of the 1976 Act which eliminated common law copyrightLife + 70 years or 12-31-2047 whichever is greater

    Sheet2

    Sheet3

  • Fair UseBefore using someone else's work without permission,consider ALL 4 FACTORS 1. Purpose and character of use 2. Nature of the copyrighted work 3. Amount, substantiality 4. Effect

    Title 17 U.S.C. Sec. 107

  • 1. Purpose and character of useCommercial or educational use Myth: It's OK--it's for educational purposes. For profit or not Degree of transformation; value added Myth: I modified it; now it's mine.Pretty Woman: 2 Live Crew (Campbell, aka Skywalker, et al.) v. Roy Orbison Estate (Acuff Rose Music, Inc.), 1993/94 For criticism, commentary, news reporting, teaching, scholarship, research

    FAIR USE 1 of 4

  • 2. Nature of the copyrighted workWorthy of (extensive) protection?Character of the work? fact (information) or fiction (imaginative)Published facts weigh in favor of fair useUnpublished original expressions weigh in favor of seeking permission

    FAIR USE 2 of 4

  • 3. Amount and substantiality Myth: Copying just a little bit is OK. Use only what is necessaryArt Quantity and quality in relation to the whole workPresident Gerald Ford's memoirs: Harper & Row, Publishers, Inc. (Time) v. Nation Enterprises, 1985 http://www.publaw.com/fairuse.html

    FAIR USE 3 of 4

  • 4. EffectHarm to potential market or value of a work after a portion has been used separately from the whole Myths Attribution is as good as permission. It's free advertising.

    original by Brad Templetonhttp://www.templetons.com/brad/copymyths.html

    FAIR USE 4 of 4

  • Myths

    It's on the Web so I can use it without asking.

    It doesn't say it's copyrighted!As of March 1, 1989, the copyright warning does not have to appear for a work to be legally copyrighted. 1997 by [your name] or Copyright by [your name]ALL RIGHTS RESERVEDPermission is given to copy this work provided credit is given and copies are not intended for sale.

    I have to sign away my copyright in order to get published.

  • Copyright ResourcesCopyright Management Center Kenneth Crews, IUPUIhttp://www.copyright.iupui.edu/dist_learning.htm Crash Course in CopyrightGeorgia Harper, University of Texas at Austinhttp://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#testTEACH Toolkithttp://www.lib.ncsu.edu/scc/legislative/teachkit/guidelines.htmlStanford University Libraryhttp://fairuse.stanford.eduStay Alert to Changing Copyright Legislation http://www.loc.gov/copyright/legislation/ Library of Congress, Copyright Officehttp://lcweb.loc.gov/copyright/Copyright Myths: original by Brad Templetonhttp://www.templetons.com/brad/copymyths.html

    Facts and ideas cannot be copyrighted but the way that you describe and present them can. (Brad says: expression and structure. )Think of it as a continuum between unprotected ideas and facts and protected expression.

    FACTOR 2: What is the nature of the work to be used? http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

    *Fact*Published The above weigh in favor of fair use.*Imaginative*Unpublished The above tip the balance in favor of seeking permission.

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