Copyright, Distance Copyright, Distance Learning, and Digital MediaLearning, and Digital Media
Barbara M. WaxerDelgado Community College
January 9, 2007
Know the law, empower your students… and breath easier
OverviewOverview Myths we love Copyright 101 Online and distance education Finding work you and your students
can use
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MythsMyths You can use anything you can
download from the Internet You can use any amount of any work
as long as it’s for class If a work does not contain the
copyright symbol ©, it is not protected by copyright
As long as you’re not making a profit, you can use copyrighted materials in class
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MythsMyths If you change an original enough, then
you can consider it a new work you created
You can use anything as long as you give credit
If you buy a book or movie, you can digitize it and use it however you want
No one will find out or come after little old you
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TRUE orTRUE or The sole purpose of copyright protection
is to protect an author’s exclusive rights to their work [The goal is to] promote the Progress of
Science and useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate.”
―Justice Sandra Day O'Connor
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FALSEFALSE
Copyright FundamentalsCopyright Fundamentals Authority to establish Copyright
Law comes from the US Constitution
Is a balance between the interests of owners/authors with interests of the public
Gives authors exclusive rights to control over how their work can be used
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Copyrightability FactorsCopyrightability Factors Expression: a person’s unique
output Photography, writing, music, dance
Originality: some modicum of creativity Not necessarily novel or unique
Fixation: established in a tangible medium The work exists and can be experienced
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Protected WorksProtected Works Literary works Musical works, including any
accompanying words Dramatic works, including any
accompanying music Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and other audiovisual
works Sound recordings Architectural works
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Works Not ProtectedWorks Not Protected Ideas, processes, systems Facts themselves v. selection and
arrangement Public domain Federal government publications Titles, names, short phrases,
slogans May be eligible for trademark
protection
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Scenes Scenes àà Faire Faire & & Merger Doctrine Merger Doctrine
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Haunted House = scary storyCowboy = Old West
Variations on a Zoom Tool from different applications
You write a story about You write a story about your vacation–at what your vacation–at what point is it protected by point is it protected by copyright?copyright?A) When you first think of itB) When you write it downC) When you register it with the
Copyright OfficeD) When you present it in class
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Start and DurationStart and Duration Copyright attaches as soon as work
is created - Automatic Scribbled, drawn, keystroked, recorded
Generally, copyright lasts the life of the author plus 70 years
Registration and notice not required but provide warning to world and special legal protections © Copyright symbol no longer required
on a work
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or FALSEor FALSE The following statement is an official
statement made by a member of Congress:
“Copyright should last forever minus one day”
— Mary Bono, widow of Sonny, who sponsored the CTEA
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TRUETRUE
Copyright OwnershipCopyright Ownership Vests initially in author or authors of
work Work made for hire
Work prepared by an employee within scope of employment
Work specifically ordered or commissioned and contract says so
Employer or person for whom work prepared is considered author Academic Exception cloudy, especially with online
classes Technological solutions (DMCA and DRM)
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Limitations to Exclusive RightsLimitations to Exclusive Rights
Fair Use (section 107)Libraries and Archives (section 108)
First Sale Doctrine (section 109) Copyright does not transfer to the buyer
when you buy a book, CD, or DVD—the sale transfers only the physical copy to you
Educational exception for certain activities (section 110)
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Fair UseFair Use Purposes include:
Criticism Comment News reporting Teaching (including multiple copies for
classroom use) Scholarship Research
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Fair Use FactorsFair Use Factors Factors include but are not limited to:
Purpose and character of use (commercial v. nonprofit educational purposes)
Nature of the copyrighted work (fact v. fiction)
Amount and substantiality of the portion used in relation to the copyrighted work as a whole
Effect of the use on the potential market for or value of the copyrighted work
Fair UseFair Use Decided in courts on case-by-case basis
No set formula Educational safe harbor guidelines -
CONTU Minimum not maximum standards of
educational fair use Brevity, spontaneity, cumulative effect
Fair Use argument legally trumps any guidelines But will educational institution agree to
defend
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InfringementInfringement Violating one of the exclusive rights
granted to a copyright owner Making unauthorized use of a work
Damages can be up to $150,000 for each instance of willful infringement
Intent of the infringer is not a defense
Ignorance of the law is not a defense
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Dost Thou Infringe?Dost Thou Infringe? http://ccnmtl.columbia.edu/projects
/law/library/cases/case_campbellacuff.html
If a work is in the public If a work is in the public domain:domain:
A. You can create a derivative work from it only if no one else does so first
B. You can use it however you wantC. You can only use it onceD. It must be very old
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Public DomainPublic Domain Works no longer protected by
copyright Copyright expired or lost over time or
by circumstance Work donated to public domain
Can use and modify work in the public domain however you wish
Generally, works created before 1924 are in the public domain
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Some consider the laws Some consider the laws guiding online education to:guiding online education to:
A. Limit copyright protectionB. Expand copyright protectionC. Clarify copyright protectionD. Confound the entire concept
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TEACH ActTEACH Act Deals exclusively with virtual classroom Purpose is allow some copying
Still based on live classroom paradigm Focus is on centralized policy Duties of institutional policymakers
Accredited nonprofit institution Establish copyright policy and inform staff,
faculty, and students Inform students that materials are protected Only for enrolled students
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Duties of IT StaffDuties of IT Staff Provide limited access Ensure technological controls on
storage and dissemination Cannot interfere with controls in
digitally protected work Ensure limited copy retention Ensure limited long-term retention
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Duties of InstructorsDuties of Instructors Engage in decision making based on
tradition of academic freedom Types of work expanded for transmittal
All of a non-dramatic literary or musical work
Reasonable and limited portions Amounts comparable to typical face-to-face
displays Work an integral part of the class
session Reasonable portions of work used
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Duties of InstructorsDuties of Instructors Explicitly excluded
Commercial works sold or licensed for purposes of digital distance education
Works suspected to be unlawfully acquired
E-coursepacks E-reserves allowed Limit works to what would be used
or displayed in a live classroom
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Checklist for ComplianceChecklist for Compliance
https://www.cu.edu/ip/copyright/downloads/TeachActChecklist.pdf http:// www.copyright.iupui.edu/teachlist.htm http:// fp.uni.edu/teachact/checklist.htm http://www.lib.ncsu.edu/scc/legislative/teachkit/
expanded_checklist.pdf39
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Finding MaterialFinding Material Get permission from copyright
holder Conform to terms of use Use sites that include public
domain works Use site that include flexible
copyright licenses Creative Commons
Use compilations
Seeing the phrase “for Seeing the phrase “for educational use only” on educational use only” on two Web sites tells you:two Web sites tells you:A) You can use material from both
sites if you are an instructorB) You can use material from both
sites if you are a studentC) You should find out what each
Web site means by educational use
D) You can use material from both sites in any instructional setting
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