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THETHE
THE BASIC
S OF
COPYRIGHT
FOR UT F
ACULTY, ST
AFF AND ST
UDENTS
PLEASE STOP HERE FIRST AND STOP HERE FIRST TO TAKE OUR QUIZ!THEN CONTINUE ON DOWN THE INFORMATION HIGHWAY ...
TitleTitle
Copyright is spelled out as a power of Congress in Article I of the U.S. Constitution: ... to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective writings and discoveries. (can’t read it?
mouse over)
“... to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective writings and discoveries.”
SHORT
CUTQUIZ
Classroom Guidelines
The TEACH Act
... and where do you want to go?
Fair Use
AnyoneAnyone
Student
Faculty
WHO ARE YOU?
Hint: click on one!Hint: click on one!(or continue on down the (or continue on down the highway ...)highway ...)
DMCA
Copyright exists for two purposes:
1)to incentivize individual authors and creators and to protect their works to a limited degree
2)to promote public creativity and facilitate the sharing of knowledge for the greater good
These two purposes exist side-by-side and often compete. They must be balanced very carefully.
KNOW THAT using information is like KNOW THAT using information is like driving on an interstate highway. driving on an interstate highway. UNLESS there are cautions or UNLESS there are cautions or roadblocks that arise, you have the roadblocks that arise, you have the right of way right of way – you may proceed. – you may proceed.
In order for a work to be copyrightable in the first place, it must have the following qualities:
1)It must be fixed in a tangible form of expression (e.g., a poem, a drawing, a musical recording) (as opposed to an “idea” or an unrecorded conversation)2)It must embody a minimum amount of creativity or originality (e.g., a meme image derived from a photo of the president) (as opposed to a factually compiled list of the governors of all 50 states)
To learn more, see The U.S. Copyright To learn more, see The U.S. Copyright Office’s: Office’s: What Does Copyright Protect?What Does Copyright Protect?
The Copyright Act of 1976 (U.S.C. Title 17) governs copyright law in the United States
today.
Copyright has undergone many evolutions, mostly to accommodate fair use for
educational purposes amidst changing technology. Since 1989, the United States
has also been a
To learn more about how U.S. copyright To learn more about how U.S. copyright law interacts in the sphere of international law interacts in the sphere of international copyright laws, see: copyright laws, see: US Copyright Office Circular 38aUS Copyright Office Circular 38a
member of the Berne Convention, an international
community of nations cooperating on copyright.
THE BASICS OF
COPYRIGHT
For U
T Fac
ulty an
d Staff
Who owns a copyrighted work? It depends.• the creator or author• the creator’s employer (in cases of a “work made
for hire”) (wmfh) for example, see The University of Toledo’s copyright policy
• the original publisher if copyright is “transferred” by the author upon publication see examples of CTAs
• another publisher if the original copyright was sold by the first publisher
• joint authors/creators• heir if creator is no longer living and the work has
not fallen into the “public domain” read more about public domain
Learn more about determining ownership of Learn more about determining ownership of copyrighted works: copyrighted works: http://copyright.cornell.edu/resources/publicdomain.cfhttp://copyright.cornell.edu/resources/publicdomain.cfmm
What are the rights of a copyright holder?1)first sale2)reproduction3)distribution4)public performance and display5)transmission6)derivative worksWhat does this mean? It means that when a work is
copyrighted, the creator has the exclusive right to manage their original publication as well as certain types of activity that build on that original creation. However ...
This is governed by Section 106 of the U.S. This is governed by Section 106 of the U.S. Copyright Act. See: Copyright Act. See:
http://www.copyright.gov/title17/92chap1.html#1http://www.copyright.gov/title17/92chap1.html#10606
Copyright is a two-way street.Copyright is a two-way street.
Some of the Some of the exceptionsexceptions to the rights of to the rights of copyright owners:copyright owners:
•Fair Use (Section 107)Fair Use (Section 107)•Library Copying (Section 108)Library Copying (Section 108)•Displays and Performances for purposes of Face-to-Displays and Performances for purposes of Face-to-Face Teaching (110:1) and Online Learning (110:2)Face Teaching (110:1) and Online Learning (110:2)•“Classroom Guidelines” (an interpretation of (an interpretation of Section 107)Section 107)
For more on the MANY exceptions to the exclusive rights For more on the MANY exceptions to the exclusive rights in copyright, see: in copyright, see: http://www.copyright.gov/title17/92chap1.html#107http://www.copyright.gov/title17/92chap1.html#107
Let’s visit
copyright in the
classroom now.
Classroom Classroom GuidelinesGuidelines
(including The TEACH Act)(including The TEACH Act)
Designed to help teachers Designed to help teachers understand what is allowed in understand what is allowed in terms of fair use in the terms of fair use in the classroom, both physical and classroom, both physical and virtual.virtual.
Classroom Guidelines Classroom Guidelines (1976)(1976)
•Established as one type of Established as one type of exception to the exclusive exception to the exclusive rights of Copyright ownershiprights of Copyright ownership•Has evolved to accommodate Has evolved to accommodate the need for e-reserves and the need for e-reserves and distance learning (TEACH Act)distance learning (TEACH Act)
The TEACH ActTechnology, Education, and Copyright Harmonization Act (2002). Established to:
1)bring existing copyright regulations in line with newer distance learning technologies and needs2)afford more types of students the capability to access learning resources3)loosen the permissions for transmitting certain types of copyrighted audiovisual materials
For more on the TEACH Act, see: For more on the TEACH Act, see: http://copyright.lib.utexas.edu/teachachttp://copyright.lib.utexas.edu/teachact.html t.html
Copyright law provides us with
certain guidelines, but fair use
remains open to interpretation, balancing the following four
factors.
ththee
The Four “Fair Use” The Four “Fair Use” FACTORSFACTORS
1 Purpose Purpose of the use2 Nature Nature of the work used33 AmountAmount of the work used4 EffectEffect of use on the market
FACTORS
AHEADHint: using a real-life example, ask Hint: using a real-life example, ask yourself the following four yourself the following four questions about a copyrighted work questions about a copyrighted work you wish to use ...you wish to use ...
SLOW DOWN ...
Purpose and Character of the Use
Favors Fair Use
Proceed with Caution to next factor.
Does not favor fair use.
Favors Fair UseFavors Fair Use
Educational or nonprofit? (rather than commercial)
No Yes
What is the ?
Favors Fair Use
Proceed with Caution to next factor.
Does not favor fair use.
Favors Fair UseFavors Fair Use
Nature of the Work itself
Factual or informational? (rather than creative or fictional)
No Yes
What is the ?
Favors Fair Use
Proceed with Caution to next factor.
Does not favor fair use.
Favors Fair UseFavors Fair Use
Amount or Substantiality of the Portion of the Work Used
Reasonable portion? Not the heart of the work?Necessary for the purpose?
No Yes
What is the ?
Favors Fair UseDoes not favor fair use.
Favors Fair UseFavors Fair Use
Effect on the Value or Potential Market of the Work
Little to no effect on the value or potential market of the work.
Or no known market.
No Yes
What have you determined?
What is the ?
In more cases than you may realize, an argument for fair use is pretty easy to establish, especially if you are working in an educational, nonprofit setting.
As long as there is no license restriction prohibiting use of any portion of a work, you can be fairly confident in using someone else’s work to critique, teach, or research a topic, usually if you are not taking the entirety of their work or affecting the market value for that creator or publisher. Even so, there always exceptions.
Follow case law on fair use to keep up-to-date on the latest rulings, as they are constantly evolving the way we view copyright and intellectual property.
THE BASICS OF
COPYRIGHT
For U
T Studen
ts
The Digital Millennium Copyright Act (DMCA) of 1998
1)Limits the liability of OSPs (online service providers) with regard to illegal activity carried out by individual users
2)Brings copyright regulations up-to-date with new technological capabilities; prohibits the circumvention of technological measures to access copyrighted work
Read the full DMCA (1998) here:Read the full DMCA (1998) here:http://www.copyright.gov/legislation/dmca.pdf
Harvard has a helpful checklist for computer users:Harvard has a helpful checklist for computer users:http://dmca.harvard.edu/dmca_overview.php
Additional Resources
•Association of Research Libraries; Center for Social Media, School of Communication, American University; and Program on Information Justice and Intellectual Property, Washington College of Law, American University. Code of Best Practices in Fair Use for Academic and Research Libraries. Washington, D.C.: Association of Research Libraries, 2012. available for download: http://www.arl.org/bm~doc/code-of-best-practices-fair-use.pdf
•Urban, Jennifer, and Anthony Falzone. Demystifying Fair Use: The Gift of the Center for Social Media Statements of Best Practices. Social Science Research Network, 2010. available for download: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2004030
•Georgia K. Harper’s “Copyright Crash Course” http://copyright.lib.utexas.edu/gkhbio2.html
For additional information please For additional information please visit: visit:
http://libguides.utoledo.edu/oasc
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