Copyright:Copyright:with Implications for with Implications for Online Educational Online Educational PurposesPurposes

Presenter:Presenter:Jill BakerJill BakerAudiovisual LibrarianAudiovisual LibrarianSan Diego Mesa CollegeSan Diego Mesa CollegeApril 25, 2008April 25, 2008

What is Copyright?What is Copyright?

Copyright deals with the laws of Copyright deals with the laws of ownership of works that are: ownership of works that are: – Creative and Original (must include at Creative and Original (must include at

least a minimum level of creativity)least a minimum level of creativity)– Fixed in a tangible medium (meaning Fixed in a tangible medium (meaning

formally expressed in a format that formally expressed in a format that sustains, such as print, CD, digital file, sustains, such as print, CD, digital file, etc.)etc.)

What is Covered?What is Covered?

Literary worksLiterary works Musical works, including any Musical works, including any

accompanying wordsaccompanying words Dramatic works, including any Dramatic works, including any

accompanying musicaccompanying music Pantomimes and choreographic worksPantomimes and choreographic works Pictorial, graphic, and sculptural Pictorial, graphic, and sculptural

worksworks

What is Covered What is Covered (cont.)(cont.) Motion pictures and other Motion pictures and other

audiovisual worksaudiovisual works Sound recordingsSound recordings Architectural worksArchitectural works

What is Not ProtectedWhat is Not Protected Ideas and factsIdeas and facts Works of the U.S. government Works of the U.S. government Works outside of copyright Works outside of copyright

protection, such as databases that protection, such as databases that simply aggregate articles and simply aggregate articles and information, but don’t compile information, but don’t compile them in a meaningful arrangementthem in a meaningful arrangement

Works in the public domainWorks in the public domain

How do I know if it is How do I know if it is copyrighted?copyrighted? A copyright notice informs you A copyright notice informs you

immediatelyimmediately However, a copyright notice is not However, a copyright notice is not

required and neither is formal required and neither is formal registrationregistration

Remember that this includes Remember that this includes material on the internet as wellmaterial on the internet as well

Exclusive Rights of the Exclusive Rights of the Copyright Holder:Copyright Holder: Reproduce the workReproduce the work Distribute the workDistribute the work Make derivative works Make derivative works

(adaptations)(adaptations) Publicly display the workPublicly display the work Publicly perform the workPublicly perform the work Digitally transmit a sound recordingDigitally transmit a sound recording

Educational Educational Exemptions:Exemptions: Face to face classroom instruction Face to face classroom instruction

(Section 110(1))(Section 110(1)) Fair use (Section 107)Fair use (Section 107) TEACH Act (Technology, Education TEACH Act (Technology, Education

and Copyright Harmonization Act) and Copyright Harmonization Act) 2002 (Codified in Section 110(2))2002 (Codified in Section 110(2))

Face to Face Face to Face Classroom Instruction:Classroom Instruction:

Educators and students may perform Educators and students may perform or display a copyrighted work or display a copyrighted work without violating exclusive rights if:without violating exclusive rights if:• Non-profit educational institutionNon-profit educational institution• Performance is within a classroom or Performance is within a classroom or

similar instructional environmentsimilar instructional environment• The media is legally obtained and not The media is legally obtained and not

an unauthorized copy (Section an unauthorized copy (Section 110(1))110(1))

Fair Use:Fair Use:

“ “the fair use of a copyrighted work, the fair use of a copyrighted work, including such use by reproduction including such use by reproduction in copies…for purposes such as in copies…for purposes such as criticism, comment, news reporting, criticism, comment, news reporting, teaching (including multiple copies teaching (including multiple copies for classroom use), scholarship, or for classroom use), scholarship, or research, is not an infringement of research, is not an infringement of copyright.” (Section 107)copyright.” (Section 107)

Four Factors of Fair Four Factors of Fair Use:Use: The purpose and character of the The purpose and character of the

useuse The nature of the copyrighted workThe nature of the copyrighted work The amount and substantiality of The amount and substantiality of

the portion to the work as a wholethe portion to the work as a whole The effect of the use upon the The effect of the use upon the

potential market for or value of the potential market for or value of the copyrighted workcopyrighted work

General Rules:General Rules: Each factor must be evaluated and Each factor must be evaluated and

decided upon separatelydecided upon separately A fair use decision is made by the A fair use decision is made by the

individual based upon the sum of the individual based upon the sum of the four factors and it is documentedfour factors and it is documented

If a decision can’t be made, obtain If a decision can’t be made, obtain permission from the copyright holder permission from the copyright holder

These actions establish a Good Faith These actions establish a Good Faith Effort Effort

Fair Use Guidelines for Fair Use Guidelines for multiple copies in multiple copies in classroom:classroom: Agreement on Guidelines for Agreement on Guidelines for

Classroom in Not-for-Profit Classroom in Not-for-Profit Educational Institutions with Respect Educational Institutions with Respect to Books and Periodicalsto Books and Periodicals

Must meet tests of:Must meet tests of:– BrevityBrevity– SpontaneitySpontaneity– Cumulative effectCumulative effect– Notice of copyrightNotice of copyright

TEACH Act (2002):TEACH Act (2002):

Voted into law in response to the Voted into law in response to the needs of educational institutions needs of educational institutions as they deliver instruction in the as they deliver instruction in the digital, online environmentdigital, online environment

Clarifies what can be done, Clarifies what can be done, expands some previous expands some previous guidelinesguidelines

Requires specific actions by the Requires specific actions by the institutioninstitution

Requirements of Requirements of institution:institution: Must be an accredited, non-profit Must be an accredited, non-profit

educational institutioneducational institution Have an established copyright policyHave an established copyright policy Must provide information regarding Must provide information regarding

copyright to stakeholderscopyright to stakeholders Must take technological measures Must take technological measures

that reasonably prevent students from that reasonably prevent students from retaining and distributing the works retaining and distributing the works transmitted once the class is overtransmitted once the class is over

Requirements of the Requirements of the performance or performance or display:display: Must be for mediated instruction Must be for mediated instruction

onlyonly Must be made by or under the Must be made by or under the

direction of the instructordirection of the instructor Must be directly related to the Must be directly related to the

teaching content (curriculum)teaching content (curriculum) Must be technologically protected Must be technologically protected

from general public (e.g. password from general public (e.g. password protected website or CMS)protected website or CMS)

Allowed amounts for Allowed amounts for transmission:transmission: Entire performances of nondramatic Entire performances of nondramatic

literary and musical worksliterary and musical works Reasonable portions of dramatic Reasonable portions of dramatic

literary, musical, or audiovisual worksliterary, musical, or audiovisual works Displays of other works, such as Displays of other works, such as

images, in amounts similar to typical images, in amounts similar to typical displays in face-to-face teachingdisplays in face-to-face teaching

What TEACH Act What TEACH Act doesn’t cover:doesn’t cover: Products designed and marketed Products designed and marketed

as mediated instructional as mediated instructional materials for online usematerials for online use

TextbooksTextbooks Illegal copiesIllegal copies Circumventing copyright Circumventing copyright

protection on media when creating protection on media when creating digital filesdigital files

TEACH Act vs Fair UseTEACH Act vs Fair Use There are numerous benefits to the There are numerous benefits to the

TEACH Act; however, there are TEACH Act; however, there are drawbacks and restrictions as welldrawbacks and restrictions as well

Fair Use can be used in the digital Fair Use can be used in the digital environment as well as face to face environment as well as face to face instructioninstruction

Choose the one that works best for Choose the one that works best for you; ensure that your institution is in you; ensure that your institution is in compliance with TEACH Actcompliance with TEACH Act

When in Doubt:When in Doubt:

Get PermissionGet Permission– Contact copyright holder with Contact copyright holder with

request for permission to userequest for permission to use– Contact Copyright Clearance Center Contact Copyright Clearance Center

for permission for periodical articlesfor permission for periodical articles– See handout for Permission support See handout for Permission support

websiteswebsites

What Your Library Can What Your Library Can Do for You:Do for You: If you want to add an article to If you want to add an article to

your online course, check with your your online course, check with your library’s Electronic Resources library’s Electronic Resources Librarian to see if the article is Librarian to see if the article is available within our databases. available within our databases. – City College: Sandra Pesce City College: Sandra Pesce

spesce@sdccd.edu or x3245spesce@sdccd.edu or x3245– Mesa College: Jean Smith Mesa College: Jean Smith

jesmith@sdccd.edu or x2550jesmith@sdccd.edu or x2550

Remember:Remember:

Always attribute any work that Always attribute any work that you useyou use

Clearly identify that it is Clearly identify that it is copyrighted, who owns it, and copyrighted, who owns it, and from where it camefrom where it came

If you obtained permission to If you obtained permission to include it, say soinclude it, say so

Your Copyright Your Copyright Interests:Interests: Go to the U.S. Copyright website Go to the U.S. Copyright website

to learn how to register for your to learn how to register for your copyright: copyright: http://www.copyright.gov/http://www.copyright.gov/

Online Resources for Online Resources for Copyright Information:Copyright Information: Kenneth Crews Kenneth Crews

http://copyright.columbia.edu/indhttp://copyright.columbia.edu/index.htmlex.html

UT Crash Course in Copyright: UT Crash Course in Copyright: http://www.utsystem.edu/ogc/Intehttp://www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htmllectualproperty/cprtindx.htm

More Resources:More Resources:

North Carolina State University North Carolina State University TEACH Act Toolkit: TEACH Act Toolkit: http://www.lib.ncsu.edu/scc/legislhttp://www.lib.ncsu.edu/scc/legislative/teachkitative/teachkit

Copyright Management Center: Copyright Management Center: http://www.copyright.iupui.edu/inhttp://www.copyright.iupui.edu/index.htm dex.htm

More Resources:More Resources: Fair Use Check List: Fair Use Check List:

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

Agreement on Guidelines for Agreement on Guidelines for Classroom in Not-for-Profit Classroom in Not-for-Profit Educational Institutions with Respect Educational Institutions with Respect to Books and Periodicals: to Books and Periodicals: http://www.lib.clemson.edu/reserves/http://www.lib.clemson.edu/reserves/Copyright.pdf Copyright.pdf

More Resources:More Resources:

Stanford University Copyright and Stanford University Copyright and Fair Use: Fair Use: http://fairuse.stanford.edu/ http://fairuse.stanford.edu/

SDCCD Online Learning Pathways SDCCD Online Learning Pathways Copyright Guidelines: Copyright Guidelines: http://www.sdccdonline.net/faculthttp://www.sdccdonline.net/faculty/resources/copyrightguidelines.py/resources/copyrightguidelines.pdf df

References:References:

Crews, K. D. (2006). Copyright law Crews, K. D. (2006). Copyright law for librarians and educators (2for librarians and educators (2ndnd edition). Chicago: American edition). Chicago: American Library Association.Library Association.

Russell, C. (Ed.). (2004). Complete Russell, C. (Ed.). (2004). Complete copyright: An everyday guide for copyright: An everyday guide for librarians. Chicago: American librarians. Chicago: American Library Association.Library Association.