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Sarah MorehouseLibrarian, Empire State College
IP for IPIntellectual Property for International Programs
Type any questions in chat, and I will pause to answer them at the end of each section.
The librarians can direct you to copyright information resources, such as where to look up the copyright owner of a certain work or how to determine if something is fair use or public domain.
We can’t get permission/licenses for you
Above all, we can’t give legal advice!
What is the library’s role?
What is copyright?
A fact or idea can’t be copyrighted What can be copyrighted is the
unique expression of facts and ideas some element of creativity, analysis,
interpretation, organization from the author
What can be copyrighted?
The work doesn’t need to be published or registered anywhere
It’s copyrighted as soon as it’s “fixed in a tangible medium of expression” On paper, film/tape, in stone In any digital format, including email and
blogs Sculpted into ice? Written on a
chalkboard?
What matters is that there’s a means of transmitting the information from one person to another across time and space
When does it become
copyrighted?
The right to make copies The right to distribute copies
for profit or not
The right to make derivative works and make copies of them and distribute them
The right to assign the copyright to someone else A license A transfer
What rights are reserved?
Sequels, spinoffs, supplemental materials, translations, adaptations, revisions, conversions to a new format
Derivative works?
In many countries (not the US) copyright is tightly linked to moral rights.
Moral rights are the right to control When and how the content is released to
the public How it is used (for example, using it to
smear the author or to say something contradictory to what the author believes)
Moral Rights
Public Domain
The country where the work was published, not the country that you’re in!
Public Domain
If a work is in the public domain, copyright no longer applies to it. You don’t need to ask permission to
copy/remix it You don’t need to pay royalties
Public domain
Most works fall into the public domain because they have reached a certain age
When is a work in the public
domain?
Authored works: add 70 years to the author’s death date
Anonymous and corporate works: add 95 years to publication date
Unpublished anonymous/corporate works: add 120 years to creation date
Used to be shorter Different for non-US publications
Publications of the federal government are put immediately into the public domain
US
Affects most of the world, including the European Union
Minimum Life Plus 50, Creation Plus 90 Usually Life Plus 70, Creation Plus 120
Berne Convention
Use this tool to find out whether a certain work is still under copyright: http://bit.ly/168N10f
Public Domain Helper
Fair Use
US only! Fair Use exists to promote kinds of
use that the law considers beneficial to society. Using Fair Use is good!
Fair Use is a legal defense. It basically means “The infringement met the criteria, so there’s no penalty.”
Those criteria are called the four factors.
What Is Fair Use?
Purpose of the use Good: education, research, scholarship,
criticism, commentary, news reporting, a single copy for personal use, transformative works
Bad: anything else, including art and creativity
Nature and character of the work being used Good: published works, non-fiction Not so good: unpublished works, creative
works
Amount and substantiality of the portion used Good: a tiny amount Not so good: more than you need VERY BAD: all of the work; the “heart and
soul” of the work
Effect on the market for the original work and derivative works Good: none VERY BAD: any
The Four Factors
You can use this worksheet to determine if what you want to do is Fair Use: http://bit.ly/12LxKQY
Keep a copy as documentation
Fair Use Helper
Unique to the United States. Canada has something very similar
called Fair Dealing. Many, but not all WIPO members
have limited equivalents.
Fair Use
Canada only Almost exactly like Fair Use, except
the four factors aren’t treated equally.
First, the use must be strictly for education, research, criticism, commentary, news reporting, satire, or parody.
THEN if it passes the first test, you can apply the other tests.
Fair Dealing
Educational Use
US only! Face-to-face classroom only Educational purposes only
No extra-curricular activities No faculty development, conferences,
meetings, etc.
No handouts! Allows performance and display of
copyrighted works Images, art Documentaries Movies and TV Music Dramatic performances
You can show whole works, but you should only show what you need
We’re going to call it
classroom use
NO exemption for performance or display in the face-to-face classroom.
Panama and Austria
It is ok to perform or display a work for strictly educational, strictly non-commercial purposes, as long as no members of the public are admitted.
Greece, Lebanon, Dominican
Republic, Albania, and Turkey
It is ok to perform or display certain kinds of works for strictly educational, strictly non-commercial use in the classroom, as long as the public is not admitted.
Audio recordings, images, and live broadcasts are ok.
BUT you can’t play audiovideo recordings.
Canada
TEACH Act
ESC is now TEACH Act compliant! It acts like the Educational Use
exemption, but for online coursesTEACH Act
We’re a US university Our servers are on US soil So… when we’re posting content
inside the confines of the LMS (Moodle) can we follow US copyright law???
I sure hope so, or else this is going to be chaos.
Until I can get a straight answer from college counsel, this is entirely up to your judgment and discretion.
The big question
The Berne Convention/treaties allow for the possibility of the TEACH Act but none of the other countries we work in have implemented it.
Nobody else has anything like the
TEACH Act
Images, audio and video! This is not a way to distribute readings.
It has to be inside the LMS. No external web sites or Web 2.0 tools
You have to clearly mark or caption it State that it’s copyrighted Attribute the original source
If it’s a fictional or dramatic work, keep it to a minimum. If it’s a non-fictional work, you can use the whole thing.
It can’t be pirated, bootlegged, etc. It has to be a legal copy, legally obtained. It’s ok to digitize physical media that you
own, but only if there isn’t a born-digital version to buy or subscribe to.
IF you decide that it is safe to follow US copyright law
inside Moodle, this is what you
can and can’t do:
Licenses
The library signs license agreements in order to subscribe to information resources
Those license agreements allow access but also have restrictions: They prohibit us from allowing access to
alumni, emeritus professors, or students or faculty of other colleges
Some allow uploading their content to the LMS; many do not
Library licenses
Getting permission is synonymous with getting a license
There is no exact wording or format, but you need to get it in writing. Document everything!
If you can’t find the copyright owner, you can’t get permission. It’s not ok to use the work anyway.
Getting permission
Expect this to take time – maybe even several months
Sometimes there will be an online form to fill out. Other times, you will need to send a letter Use email or mail, whichever seems more
likely to get an answer
Be specific: Which work are you using? How much?
Which parts? What are you using it for? (EDUCATION!) For how long? How big is the potential audience? How are you protecting it?
How to find the copyright owner
and get permission
Instructions for identifying and locating the copyright owner
A sample letter with a license for them to fill out
http://bit.ly/15J0H1Q
The Getting Permission Guide
Permission to use published articles and books generally costs about 35 cents per page per student.
Permission to use big media (movie, TV and music industry) tends to be expensive.
Things produced for the educational market (textbooks, workbooks, educational films) are also very expensive.
Permission to use unpublished web materials is sometimes granted for free because it’s educational.
How much will it cost?
Digital Millennium Copyright Act
Our LMS is in the US so theoretically, US law is what would be used if somebody wanted to take down content.
This is how copyright
takedowns happen in the US
This is based on international treaties.
Prohibits attempting to break or bypass either access controls or copy protection.
Even if it would otherwise be legal to make a copy (fair use) you can’t break in to do it!
There are a few exemptions that allow breaking/bypassing copy protection Making ebooks accessible for blind people Film studies professors can make
compilations of clips
There are no exemptions that allow breaking/bypassing access controls
DMCA Anti-
circumvention
Protects the college from liability if faculty, staff or students infringe copyright
The individual faculty, staff and students are not protected from liability
In exchange, the college has to comply with DMCA takedown procedures
DMCA Safe Harbor
If you have infringing material in a course, web site, blog, etc. then the copyright owner or their designee can send a takedown notice to our copyright agent
Our copyright agent (the VP of OIT) has to remove the content immediately, which in practical terms, means that your site comes down
The law does not allow investigation or notification before the material is taken down.
Take-down
You have the right to issue a counterclaim and put your course/page/blog back up as is, but if you do so, the copyright owner has 14 days to file a lawsuit against you in federal court
The safer option is to edit your course/page/blog so that it’s no longer infringing, and then it will be put back up
Contact a lawyer first!
Put-back
The college’s Copyright Information Web Site is at http://www.esc.edu/copyright
