John Barnett Scholarly Communications Librarian University of
Pittsburgh CC BY 4.0
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Information to help you understand copyright and fair use
Public domain Copyleft Open access Resources to go (pro tips) Some
scenarios to test your thinking Your turn Our goals
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Im a librarian, not a lawyer I can offer ideas, suggestions,
and opinions This is most definitely not legal advice It is,
however, professional guidance Im learning, too But first, a
disclaimer...
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Pro tip #1: SC glossary
http://www.library.pitt.edu/oscp/glossary
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Librarians and libraries deal with this a lot Contracts for
electronic resources Donor agreements for archives and special
collections Public performance rights for video Face-to-face
teaching Distance education Citation and reuse of others works Fair
use Copyright & other intellectual property
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Generally, librarians can only suggest or guide We cannot and
should not give legal advice Others may be able to help Your
professor Computing and technology services Instructional
development and distance education General counsel A copyright or
contract law specialist Often librarians are a good starting place
Advice, no; help, yes
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The ULSs Office of Scholarly Communication and Publishing
copyright and intellectual property resources pagecopyright and
intellectual property resources The ULSs copyright FAQscopyright
FAQs HSLS (Falk Library) resources on scholarly
communicationresources on scholarly communication Pitts policies on
copyright and intellectual property Pitts policies Center for
Instruction Design and Distance Education (CIDDE) Center for
Instruction Design and Distance Education Pitt Office of General
CounselOffice of General Counsel Pro tip #2: Pitt copyright
resources
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A form of intellectual property law, grounded in the U.S.
Constitution Right of authors* to control use of their works for a
limited time Also established to promote creativity and learning
Covers both published and unpublished works Covers original works
of authorship fixed in a tangible medium of expression Copyright
notice is no longer requiredbut it may be wise to affix one
Copyright registration is no longer requiredbut it can be helpful
*Assuming that the author is the one who owns the copyright
Copyright: The basics
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Protected Original works of authorship including Literary,
dramatic, musical, and artistic works e.g., poetry, novels, movies,
songs, computer software, architecture Not protected Facts, ideas,
systems, methods of operation (although it may protect the way
these are expressed) Names, titles, slogans, or short phrases
(although these may be protected as trademarks) Kinda, sorta
Logosmay be protected by copyright if the logo artwork contains
sufficient authorship Or an artistic logo may also be protected as
a trademark Whats protected, whats not
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Reproduce the work in copies and phonorecords Prepare
derivative works based upon the original Distribute copies of the
work to the public by sale or other transfer of ownership, or by
rental, lease, or lending Perform the work publicly (literary,
musical, dramatic, and choreographic works, pantomimes, and motion
pictures and other audiovisual works Display the work publicly
(literary, musical, dramatic, and choreographic works, pantomimes,
and pictorial, graphic, or sculptural works [including individual
images of a motion picture or other audiovisual work] Perform the
work publicly (in the case of sound recordings) by means of a
digital audio transmission You have the right to...
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Authors rights belong to the author/creator of a work Authors
can transfer, sell, rent, lease, etc., some or all of those rights
to others When the rights are transferred, sold, or signed away,
the authors rights generally* come to an end The recipient of these
rights becomes the copyright holder/owner * Dont forget about moral
rights for creators! Authors rights vs. copyright
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Copyright Basics (Circular 1 from the U.S. Copyright Office)
Copyright Basics U.S. Copyright Office (Library of Congress) U.S.
Copyright Office U.S. Copyright Law, Title 17 of the U.S. Code U.S.
Copyright Law World Copyright Terms Digital Millennium Copyright
Act (Appendix B, U.S. Copyright Law) copyright in the digital
environment Digital Millennium Copyright Act Pro tip #3: More
copyright resources
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It depends (on where and when the work was published) The short
version: Most new works are protected for the life of the author +
70 years Works published before 1978 were required to have a
copyright notice; this is no longer the casebut the work is still
protected Works published between 1923 and 1978 could have
protection for up to 95 years Is It Protected by Copyright? For
Works First Published in the U.S.A. Is It Protected by Copyright?
ULS Copyright FAQ Pro tip #4: How long does it last?
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Exclusive vs. non-exclusive rights Deposits to
D-Scholarship@Pitt In self-archiving this Work, I grant the
University and its agents the non-exclusive and perpetual license
to... Pitt students who complete ETDs grant a non-exclusive license
to the university to distribute their ETDs I hereby grant to the
University... And its agents the non-exclusive royalty-free license
to archive and make accessible... Subsidiary rights Examples:
Translations, foreign markets, permissions, formats, etc. Economic
vs. moral rights Other concepts
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In 1976, Terry Gilliam/Monty Python claimed ABC violated
copyright and caused damage to their artistic reputation by
broadcasting drastically edited versions of their shows U.S.
district and appeals courts found in favor of the troupe Case was
primarily decided on the basis of whether the BBC had the right to
let ABC edit the shows The dead parrot sketch
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Attribution Be acknowledged for the work you do Be rewarded for
it Copy An author may want to make copies of his/her own work But
if rights are transferred to another entity, now the new copyright
owner has that right Remix (make derivatives) Make versions or new
editions of the authors work Reuse (control, grant permissions)
Authors can give permission on how they want their works to be used
or distributed If those rights are assigned to a publisher, the
publisher then determines use and distribution Why does copyright
matter?
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Copyright Advisory Office Blog (Columbia University Libraries)
Copyright Advisory Office Blog Direct Dispatch: ALA Washington
Office Blog SPARC Blog and SPARC News & Media SPARC BlogSPARC
News & Media Kip Currier Copyright and Open Movements Blog Pro
tip #5: Keeping up with copyright
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The rights of copyright owners are subject to limitations A
fair use of a copyrighted work might include criticism, comment,
news reporting, teaching, scholarship, and research Four factors
for determining fair use The purpose and character of the use
(commercial, nonprofit, etc.) The nature of the copyrighted work
(factual or creative) The amount and substantiality of the portion
used The effect of the use upon the potential market for, or value
of, the work No one factor outweighs the other There is no specific
number of words, lines, or notes that may safely be taken without
permission Fair use
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Try to learn how to determine fair use on your ownbut dont be
afraid to ask for help U.S. Copyright Office factsheet on fair use
U.S. Copyright Office Thinking through fair use (University of
Minnesota) Thinking through fair use Fair use checklist (Columbia
University) Fair use checklist Other resources to help with images,
music, art, and other types of IP ULS Copyright FAQ on fair use Pro
tip #5: Determining fair use
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Youre writing an essay for your Latin American history class on
immigration to Argentina in the 19 th century You find some great
quotes from books in the library, as well as some from articles
online You want to use some of these quotes in your paper How many,
how much can you use? The professor who wrote one of the books
teaches at Pitt; should you contact her to ask for permission to
use the passages from her book? Scenario 1
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Your friend takes photos of artworks and exhibits she sees at
the National Museum of the American Indian in Washington, DC She
plans to use them in a classroom presentation Later she wants to
use the photos in an article shes writing, which will be published
in a Pitt ethnology journal How would you help your friend with
fair use? Scenario 2
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Youre making a film for your course on the history of jazz.
Youve used a lot of still photos you got from the archives and the
staff there have told you that the photos are in the public domain,
so its OK to use them in your film, but theyd like you credit where
you got them. You want to add some music to your film and find the
perfect piece by Miles Davis that would go well with your images!
Whats your next step? Scenario 3
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Intellectual property rights have expired, been forfeited, or
are inapplicable Or no rights or license are claimed, including the
right to attribution But what about licensed images, new
recordings, new editions, new translations... ? Public domain
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Patentleft or Open Patent Movement Licenses patents for
royalty-free use Share alike Copyleftan alternative to all rights
reserved Enables authors/creators to apply copyright terms to their
works in a way that allows others to use, build upon, and share
your creations while still getting credit Considered more
compatible with web activities and communication To the left, to
the left...
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7 licenses No registration required Standardized way to give
public permission to share and use your creative work Not an
alternative but a companion to copyright Creative Commons
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Pro tip #6: CC licenses
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Against DRM License Design Science License Free Art License
Open Audio License GNU General Public Licensefree software Open
Source Initiative (OSI)open source software HESSLA (Hacktivisimo
Enhanced- Source Software License Agreement)ethical restrictions on
the use and modification of software Prot tip #7: Other
options
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Open access literature is digital, online, free of charge, and
free of most copyright and licensing restrictions. Peter Suber,
Open Access. MIT Press. 2012 Open access to research
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ULS Open Access LibGuideOpen Access LibGuide OA explained,
origins, resources, tools Open Access Week An international
commemoration of OA Open Access by Peter Suber Open Access Culture
Change in Academia: Making Sharing the New Norm Presentation by
Erin McKiernan, neuroscientist Pro tip #8: All about OA
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John Barnett Scholarly Communications Librarian Office of
Scholarly Communication and Publishing University Library System,
University of Pittsburgh [email protected] or [email protected][email protected]@mail.pitt.edu Twitter: @OSCP_Pitt@OSCP_Pitt Your
turn
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American Psychological Association. (2010). Protecting
intellectual property rights. In Publication manual of the American
Psychological Association (6 th ed., pp. 18-20). Washington, DC:
Author. Crews, K. (2006). Copyright law for librarians and
educators: Creative strategies and practical solutions (2 nd ed.).
Chicago: American Library Association. Strong, W. (2010). Rights,
permissions, and copyright administration. In The Chicago manual of
style (16 th ed., pp. 155-197). Chicago and London: University of
Chicago Press. Suber, P. (2012). Open access. MIT Press.
http://mitpress.mit.edu/books/open-
accesshttp://mitpress.mit.edu/books/open- access U.S. Copyright
Office. (2012). Copyright basics (Circular 1). Washington, DC:
Author. Retrieved from
http://copyright.gov/circs/circ01.pdfhttp://copyright.gov/circs/circ01.pdf
Sources
