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“To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and
discoveries."U. S. Constitution: Article 1, Section 8
Colorado State UniversityProfessional Development Institute
January 6, 2010
Copyright Issues in Higher Education
Copyright BasicsWhat is Copyright?What Does Copyright Protect?What Does Copyright Not Protect?
How Do I get Copyright Protection?
What Does it Mean to Owners?What Does it Mean to Users?Can I use a Copyrighted work without permission?
What is Copyright?Copyright is a form of protection provided by the laws of the United States to authors of original works of authorship.
It is available for both published and unpublished works.
It generally gives the owner of the copyright exclusive rights to the work for a period of time before the work goes into the public domain.
What Does Copyright Protect?
Original Works of Authorship - A Person’s Unique Way of Saying Something
Fixed in a Tangible Medium – Does not have to be directly perceptible as long as it can be communicated with the aid of a machine or device
Categories of Protected Works:Literary worksMusical works, including
accompanying lyricsDramatic works, including
accompanying musicPantomimes and choreographic
worksPictorial, graphic and sculptural
worksMotion pictures and other
audiovisual worksSound recordingsArchitectural works
Note Ownership of a copy of a book, manuscript, painting or other work protected by copyright does not give the possessor of that work any ownership rights in the underlying copyright embodied in the work.
“First Sale Doctrine” does give purchaser of a work certain rights to the work itself.
What is not protected by Copyright?Works that have not been fixedTitles, names, short phrasesListings of ingredients/contents, directions
Ideas, concepts, methods, processes
Works consisting only of information that is common property (i.e. height/weight charts, tape measures, etc.)
Works authored by the US Government
How do I get Copyright Protection
for my work?
Copyright Protection begins the Moment a Work is fixed in a Tangible Medium.
It is AutomaticUse of a “Copyright” Notice is Not Required
Registration Carries Certain Benefits but is Only Required to Bring a Lawsuit
Copyright Term and Public Domain
Works published before 1923 are in the public domain.
The copyright term for works published after 1978: Life of author + 70 years; and Works for hire: the shorter of publication + 95 years or creation + 120 years.
No new works will enter the public domain until 2019.
Copyright term continued…
Many variations in copyright terms and it can be very confusing. Cornell has a really good website that goes through all of these:
http://www.copyright.cornell.edu/resources/publicdomain.cfm
Exclusive Rights of the Copyright Owner
Reproduce the work Prepare derivative works based
on the workDistribute copies of the work by
sale, lease or lendingPerform the work publically in the
case of literary, musical, dramatic and choreographic works, pantomimes and motion pictures and other audio visual works
Display the work publicly, in the case of literary, musical, dramatic and choreographic works, pictorial, graphic or sculptural
Droit Moral – The right of the Artist to protect the integrity of their workVisual Artists Rights Act of 1990 (VARA)Applies to Visual Arts – paintings, sculptures,
and limited edition photographs and prints (less than 200 signed and numbered)
Grants Author of a work of Visual Art protection against:Misattribution (although can ask to have name
removed)Distortion, mutilation or modification of the work
which is likely to harm the reputation of the author
Destruction of any work of Recognized StatureRights are personal to Author and end upon
their deathCan be waived in a written agreement signed
by the Author
Who Owns the Copyright?The Author is the OwnerJoint Authorship/Ownership
Each a Contributor of copyrightable expression
At the time of creation:Intend to create a unified wholeIntend to be joint authors
Each can exploit but must account to the other
Each can create derivative works
Work Made for Hire
Specially Commissioned or Ordered WorkThe parties MUST agree to this in a signed written document; AND
Only applies to: 1) contribution to a collective work; 2) part of a movie or audiovisual work; 3)translation; 4) compilation; 5) supplementary work; 6) instructional text; 7) a test; 8) answer material for a test; or 9) an atlas
Person who commissioned will be the “Author”
Employer Ownership of Employee’s Work
Employee’s Work within the Scope of Employment will also be considered a “Work for Hire”At workDuring work hoursUsing work facilities and resources
Section J
J.12.1 Academic Materials created by Members on their own initiative in the ordinary course of teaching to meet the reasonable needs of currently enrolled students, including distance or handicapped students, and not involving University Resources, belong to the Member. The Member has sole control over the content and use of the Academic Materials, is authorized to place supplemental classroom materials on a University Web site, may set access permissions to that site, and may assert exclusive copyright in their works. The University shall not exploit the Academic Materials nor authorize other employees to use the Academic Materials or derivatives of those Academic Materials in their classes without permission of the Member.
Section J continued…
The ownership of student works created in the course of academic requirements shall be with the student and the University may retain the work as needed for its instructional or record-keeping purposes. The University and the Members may not use the work in any other manner without the written consent of the student.
Ownership of Works created in the course of sponsored research or other agreements are subject to the provisions described in Section J.7.
Important Exceptions for use of Copyrighted works in Higher Education
Special Provisions for Libraries
Modifications for Blind and Disabled
Classroom Performances/Displays
TEACH ActFair Use
Special Rights of Libraries
ILL copyright rules:
• We abide by CONTU guidelines (National Commission on New Technological Uses of Copyrighted Works; established by US Congress, operated 1975 – 1978)
• We may obtain 5 copies of articles from a work published in the last 5 years/year before we must start paying copyright royalties on each subsequent copy.
• Older than 5 years are not counted
ILL copyright rules:• Copyright averaged around $35 for each
article we had to pay for last year.• It is sometimes cheaper to buy the
electronic version from the publisher than to pay royalties through Copyright Clearance Center
Copyright guidelines for Electronic reserve:
• Scan item with title page and copyright info• No more than one book chapter or article
from a journal issue per class• Don’t combine several items from various
sources into one new ER reading
Copyright guidelines for Electronic reserve:
• Some electronic journal licenses may forbid placing the article on ER. We will create links instead
• If items are reused for more than one semester, copyright royalties may be required.
• Link to Web sites or Web pages, don’t copy and paste into a new document
Adapted Works -- Accessibility
Section 121 permits adaptation of works for individuals with disabilities where the copyright owner has not made special versions available (e.g. brail, large type, audio, etc.)
You may even circumvent technical protections to do so
Classroom Teaching ExceptionInstructors and students at a non-profit
educational institution may use, display, and/or perform in a classroom environment any copyright-protected material or work
Provided that:
The work used was legally obtainedThe intended use of the work is
strictly educationalDistribution is in a location designed
primarily for educational purposesTeaching and learning occur
simultaneously (e.g. not a recording)See TILT Guide: Copyright Essentials for Educators
Can you show a movie on campus without getting copyright permission?
Is that only allowed in the classroom?
Neat Chart from:http://counsel.wlu.edu/tutorial/movies.pdf
Technology, Education and Copyright Harmonization
(TEACH) Act
The TEACH act was put into place to clarify the use of copyrighted materials in online education
Applies only to materials you would ordinarily use in a classroom setting
There are, however, many factors and limitations that must be considered
Good guidance is available on the TEACH Act page of the Copyright Essentials for Educators Guide on the TILT Web site:
http://tilt.colostate.edu/guides/tilt_copyright/exemption_distance.cfm
Fair Use StatuteFair Use is provided for in the
Copyright Act at Section 107It embodies a balance between the
interest of the copyright owner in exploiting their work and the public’s interest in accessing the work
It also addresses First Amendment concerns allowing limited use of a work for comment, criticism and parody
Fair use addresses market failures to allow good but uneconomical use of copyrighted works
Four Factor Fair Use Test
Purpose and character of the use
Nature of the copyrighted work
Amount and importance of part used
Effect on the potential market for or value of the copyrighted work
Purpose and Character of the Use Non-Profit educational or commercial purpose?
Nature of the Copyrighted WorkFactual or Artistic?
Amount and Importance of Part UsedThe whole work? Just the most significant part?
Effect on the MarketDoes use compete with Copyright owner’s sales
Repeated use tends to have more impact on the market
Safe Harbors do Exist…
Catholic University has a nice chart summarizing these on its website:
www.cu.edu/ip/copyright/downloads/Quick-Ref-Chart.pdf
Need more information?
Copyright Essentials for EducatorsA TILT Teaching Guide
from the Institute for Learning and Teaching at Colorado State University
Copyright Clearance Procedures for Course
packets
http://ccs.colostate.edu
http://ccs.colostate.edu/course_packets.aspx
How much does Copyright cost?
For the Spring ‘10 semester, copyright fees ranged from $.49 – $36.87 per student.
This is for copyright fees only.Other costs to complete course
packets include printing costs and bookstore charges.
Remember!Copyright
permissions need to be cleared
every semester!
Contact information:Linda Schutjer,
Senior Associate Legal Counsel, Office of General Counsel 491-6270
Peter Connor, Communications director, The Institute for Teaching and Learning 491-5277
Sherri Lebeda, Communication and Creative Services 491-6432
Teresa Negrucci, Collection Assessment and Management Librarian; Assistant Professor 491-1438