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Short Training re: Using Copyrighted Materials in bCourses
Rachael G. SambergScholarly Communication OfficerAugust 2016
What is copyright?
The Constitution Copyright Act
• Goal is to encourage progress/knowledge by rewarding authors for writing and making things
• What are the rewards?
Exclusive Rights for Limited Period of Time Reproduction Preparation of derivative
works (such as adaptations) Distribution Public performance Public display Public performance of
sound recordings via digital audio transmission
Duration of Copyright
In general, expect that it is at least author’s life + 70 years from date of author’s death
This means that within that “protected” time period,
the author’s permission would be needed to reproduce, display, perform, etc. the work
What Can Be Protected
Protects expressions, not ideas or facts
Work must be authored, original, and fixed
Works in Public Domain Not ProtectedWorks by U.S. Federal Government
Works whose copyright term/duration has expired
https://commons.wikimedia.org/wiki/File:Britannica_Shakespeare_Droeshout_Engraving.jpg
Statutory Exemptions Allows individuals to
undertake one of the exclusive rights of copyright: Without obtaining the
permission of the copyright owner;
and without the payment of any license fee
Statutory Exemption: Fair Use (17 USC § 107)
1. Purpose and character of the use (i.e. use for commercial purposes less likely to be fair than use for nonprofit educational purposes; question of whether use is “transformative” has recently dominated this factor’s analysis)
2. Nature of the copyrighted work (i.e. more likely to be fair if you’re using factual/scholarly work rather than highly creative work)
3. Amount and substantiality (i.e. size & importance of portion used in relation to whole)
4. Effect of use upon potential market
(i.e. less likely to be fair if use serves as substitute for purchasing original)
Other Statutory Exemptions: TEACH ACT Section 110 of the Copyright Act allows
display and performance of copyrighted works during the course of face-to-face teaching in a classroom in nonprofit educational institution
Section 110(2) permits same activities asynchronously (e.g. on course-restricted sites); however, limited to: Performance of an entire nondramatic literary or
musical work (such as the recorded reading of a poem or novel)
Performance of a limited and reasonable portion of any other work (such as a scene from a film)
Display of any work in amount comparable to what would be used during physical class setting (such as portion film you would show in class)
In Summary Copyright gives copyright owners
exclusive right to undertake six types of rights for a designated period of time.
Permission must be sought to undertake any of those six rights if copyright exists and has not expired.
However, no need to seek permission if intended use falls under statutory exemptions (e.g. Fair Use or TEACH Act).
Nor is permission needed if you link to the content, rather than copy/reproduce/post the actual content, itself.
What to do with this info?
The Copyright Workflow for Posting to bCourses
If Instructor’s answer to any question is “yes”: If Instructor’s answer to all questions is “no,” two options:
Material can be posted directlyto bCourse site
(though link always possible/preferable
)
Post link to content,
rather than content,
itselfIf link can’t be
found, or Instructor prefers
posting copies, request copyright
holder’s permission
OR
Copyright Workflow for Posting to bCoursesInstructor Makes Decision About Content to Be Posted.
1. Has permission or a license already been conferred? 2. Is the material in the public domain?3. Is it fair use?4. Is use subject to another exception (e.g. Teach Act)?
Questions? http://guides.lib.berkeley.edu/instructor-copyright-bcourses
All photos © 2015-2016 by Rachael G. SambergPresentation issued under Attribution-ShareAlike 4.0 Int’l License (CC BY-SA 4.0)
Questions?Library can assist with fair use and other statutory exemption questions: http://guides.lib.berkeley.edu/instructor-copyright-bcourses; [email protected]
Library can help you find materials and links: http://guides.lib.berkeley.edu/readings-in-bcourses; [email protected]
