Copyright Practical Applications Gail McMillan Director, Digital Library and Archives University Libraries

Slides:



Advertisements
Similar presentations
Interlibrary Loan Georgia Harper University of Texas System.
Advertisements

COPYRIGHT AND COPYWRONG Respect Copyright, Celebrate Creativity.
COPYRIGHT BASICS Linda Sharp Marsha Stevenson
Copyright and Digital Cultural Heritage
Copyright in Scholarship and Instruction Gail Digital.
Copyright Law & Your Websites Computer Science 201 November 21, 2005 Sarah Garner, J.D., M.L.I.S. Law Library Director,
Copyright Basics for Faculty RVC Faculty Development Day April 21, 2011 Presented by Brent Eckert Technical Services Librarian.
Copyright in Scholarship Gail Digital Research & Scholarship.
Intellectual property Copyright law and what it means to a working journalist.
Copyright and Fair Use Dan Lee Interim Team Leader for Undergraduate Services and Copyright Librarian March 21, 2007.
Copyright and Alternatives to Copyright Why now? Rita S. Heimes Director, Technology Law Center University of Maine School of Law Rita S. Heimes Director,
© 2002 Steven J. McDonald What do these have in common? The Mona Lisa The Starr report What I am saying Your idea for a web page The Wexner Center for.
An Introduction to Copyright Central Michigan University Libraries January, 2013.
Intellectual Property and Copyright What is it and why does it matter?
Copyright and Ethics. What is Copyright? Title 17, U.S. Code - A form of protection provided by the laws of the United States to the “authors of original.
C OPYRIGHT — W HAT ’ S THE B IG D EAL Copyright in an Academic Setting.
April 7, 2011 Copyright Law. Copyright Infringement?
Everyday Copyright How does copyright impact my teaching & research? Slides produced by the Copyright Education & Consultation Program.
1 Copyright & Other Legal Issues. 2 WHAT IS COPYRIGHT? Copyright is the form of protection provided by the laws of the United States to authors of “original.
Office of the General Counsel1 COPYRIGHT and the TEACH Act The Technology, Education, and Copyright Harmonization Act Copyright © 2007 Villanova University.
The TEACH Act Its Meaning for the World of Publishing College Art Association New York, New York February 22, 2003 Kenneth D. Crews Professor of Law and.
Examples of problems with teacher/school site violations: A company’s logo and link on footer of homepage when company is not their business partner—only.
Copyright. US Constitution Article I – Section 8 Congress shall have the power to promote the Progress of Science and useful Arts, by securing for limited.
© 2001 Steven J. McDonald What do these have in common? The Mona Lisa The Starr report What I am saying Your idea for a web page The Guggenheim Musuem.
COPYRIGHT AND MATH TEACHING Jerry Tuttle, FCAS, CPCU 1.
IN EDUCATION Copyright and Fair Use Terri L. Gibson. (Aug, 2013)
Copyright, Fair Use & You Susan Beck, NMSU Library June 3, 2014.
Applying Copyright in Scholarship and Instruction Gail McMillan Digital Library and Archives University Libraries, Virginia Tech
COPYRIGHT: A Pirate’s Paradise? Prepared form Com 435 by Donna L. Ferullo, J.D. Director University Copyright Office Donna L. Ferullo.
Copyright: with Implications for Online Educational Purposes Presenter: Jill Baker Audiovisual Librarian San Diego Mesa College April 25, 2008.
12 Basic IQ Skills: Copyright and Fair Use. The four pillars of IQ! Find Retrieve Analyze Use Understanding copyright is part of the ethical and legal.
COPYRIGHT IS A FORM OF PROTECTION GROUNDED IN THE U.S. CONSTITUTION AND GRANTED BY LAW FOR ORIGINAL WORKS OF AUTHORSHIP FIXED IN A TANGIBLE MEDIUM OF EXPRESSION.
Copyright Practical Applications Gail McMillan Director, Digital Library and Archives University Libraries
Copyright Basics Fundamentals you should know Slides produced by the Copyright Education & Consultation Program.
Copyright and Fair Use. Topics Intellectual Property What is Copyright? What is Fair Use? Common Violations Guidelines TEACH Act 2002.
Copyright Janet I’m-not-a-lawyer Webster 6/27/06.
Becky Albitz Electronic Resources/Copyright Librarian
LEGAL ISSUES IN DEVELOPING DIGITAL LIBRARIES Applying Copyright in Scholarship and Instruction Gail McMillan Digital Library and Archives, University Libraries,
Technology Fair OWHL Services and Copyright Michael Blake and Elisabeth Tully June 13, 2006.
Copyright: What Every Teacher and Student Should Know Katie Amend Casey Moffett.
Becky Albitz Electronic Resources Librarian
Copyright Practical Applications Gail Director, Digital Library and Archives University Libraries
Copyright Basics. Before we begin … This presentation provides basic information about Copyright law. It is not meant to provide legal advice.
Copyright in Scholarship and Instruction Gail Digital.
Copyright Law A Guide for Educators. Jolene Hartnett, RDH, BS Seattle Central College © 2015 Certain materials in this program are included under the.
Copyright Roxanne Payne. Penalty for Copyright Infringement: "Federal law provides severe civil and criminal penalties for the unauthorized reproduction,
Can I use that? An introduction to using Creative Commons and copyrighted material in your courses Kathleen DeLaurenti, Digital Scholarship and Music Librarian.
Copyright in Scholarship and Instruction Gail McMillanFDI 2008 Digital Library and Archives University Libraries, Virginia Tech
Innovation, Copyright, and the Academy University of California Santa Barbara November 2, 2015 Kenneth D. Crews Gipson Hoffman & Pancione (Los Angeles)
Legal Tightrope Walking: Copyright and Fair Use in Digital Libraries, WebCT, etc. Applying Copyright in Scholarship and Instruction Gail McMillan Digital.
Copyright, Fairuse, and Copywrong Helpful websites Google Docs (includes presentations & spreadsheets)Google Docs U.S. Copyright Office Ball State Copyright.
Copyright Practical Applications Gail McMillan Director, Digital Library and Archives University Libraries
What is Fair Use? Fair use is the educational exemption for copyright law. The educational exemption allows for limited reproduction and distribution for.
COPYRIGHT LAW AND FAIR USE OF IMAGES FOR BLOGGERS Images Julie Umbarger.
© What does this mean?. (U. S. Constitution. Art I, Section 8) “The Congress shall have the power…to promote the Progress of Science and useful Arts,
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, music, movies, symbols, names, images, and designs.
COPYRIGHT and TEACHING Updated December Today we’ll cover…. Copyright Basics Exceptions and Limitations Making Copyright Decisions.
6/18/2016 COPYRIGHT AND Fair Use Guidelines “Respect Copyright, Celebrate Creativity”
Intellectual Property “The gift that keeps on giving.” Paul Royster, Coordinator of Scholarly Communications University of Nebraska-Lincoln Libraries June.
Margaret Burnett April 2017
Introduction to the TEACH Act
Copyright in the Classroom
Copyright Issues associated with the Regents’ On-Line Degree Program
What is copyright law?.
Copyright in Scholarship and Instruction
Principal Deputy County Counsel
Applying Copyright in Scholarship and Instruction
Fair Use, Permissions & Copyright Infringement in the Digital Age: A copyright primer for faculty using Blackboard Steven J. Cottingham Office of the General.
Digital Library and Archives, University Libraries, Virginia Tech
Copyright Law and Fair Use
Presentation transcript:

Copyright Practical Applications Gail McMillan Director, Digital Library and Archives University Libraries

US Constitution, Article I, Sect. 8 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. Copyright Law: U.S. Code, Title 17 protection of original expression as soon as it is fixed in tangible form ©Section 106: Exclusive rights of creators ©Section 107: Fair use and limits to exclusive rights ©Section 108: Libraries and limits to exclusive rights

Who owns the copyright? n Creators of original works n Creators' assignees n Employers: works for hire –New York Times et al., Petitioners, v. Jonathan Tasini et al. –Greenberg v. National Geographic Magazine n Why officially register your copyright? –Possibly receive greater compensation, with less documentation when filing an infringement suit

Consider adding statements that grant permission or restrict use. n “Permission is given to copy this work provided credit is given and copies are not intended for sale." n "Use or inclusion of any portion of this document in another work intended for commercial use requires permission from the copyright owner."

Rights of copyright holders 1. Reproduction 2. Modification 3. Distribution 4. Public performance 5. Public display Title 17 U.S.C. Sec. 106

Permission or license to use a copyrighted work is NOT required if n Work is a fact or an idea –Phone number, earth is round n Public domain –US; very, very old n Fair use – htm#testhttp:// htm#test –TEACH Act

Lolly Gassaway: Public Domain

Fair Use Before using someone else's work without permission,consider ALL 4 FACTORS 1. Purpose and character of use 2. Nature of the copyrighted work 3. Amount, substantiality 4. Effect Title 17 U.S.C. Sec. 107

1. Purpose and character of use n Commercial or educational use © Myth: It's OK--it's for educational purposes. n For profit or not n Degree of transformation; value added –© Myth: I modified it; now it's mine. –Pretty Woman: 2 Live Crew (Campbell, aka Skywalker, et al.) v. Roy Orbison Estate (Acuff Rose Music, Inc.), 1993/94 n For criticism, commentary, news reporting, teaching, scholarship, research FAIR USE 1 of 4

2. Nature of the copyrighted work n Worthy of (extensive) protection? n Character of the work? –fact (information) or fiction (imaginative) Published facts weigh in favor of fair use Unpublished original expressions weigh in favor of seeking permission FAIR USE 2 of 4

3. Amount and substantiality © Myth: Copying just a little bit is OK. n Use only what is necessary –Art n Quantity and quality in relation to the whole work –President Gerald Ford's memoirs: Harper & Row, Publishers, Inc. (Time) v. Nation Enterprises, FAIR USE 3 of 4

4. Effect n Harm to potential market or value of a work after a portion has been used separately from the whole –© Myths Attribution is as good as permission. It's free advertising. original by Brad Templeton FAIR USE 4 of 4

© Myths It's on the Web so I can use it without asking. It doesn't say it's copyrighted! n As of March 1, 1989, the copyright warning does not have to appear for a work to be legally copyrighted. n Reminders © 1997 by [your name] or Copyright by [your name] ALL RIGHTS RESERVED

Is the letter you wrote to your high school boy/girl friend his/hers to publish? Do you own the copyright to the you receive?

Copyright for Instruction n USC Title 17 Section 110 –Limitations of certain performances and displays –Face-to-face classroom settings n Broadened by TEACH Act (Nov. 2, 2002) –Must have an institutional policy in order to invoke the TEACH Act n Don’t forget to continue to apply fair use (all 4 factors)

ETDs: electronic theses and dissertations n Negotiate with publishers –Request Permission: Sample letter –Publishers' addresses n US Copyright Office –Register your copyright n Publishers' Surveys

Stay Alert to Changing Legislation DMCA: Digital Millennium Copyright Act TEACH: S n Technology Education and Copyright Harmonization Act n Apply a fair use standard to digital education environment n Would modify Title 17 USC Sec. 110 and 112 –Mediated instruction –Integral part of class session –Government or nonprofit educational institution –Limited to enrolled students –Accurately informed about copyright compliance –Reasonably prevent Retention beyond course Unauthorized further dissemination

Copyright Resources n Copyright Management Center –Kenneth Crews, IUPUI – n Crash Course in Copyright –Georgia Harper, University of Texas at Austin – n TEACH Toolkit – n Stanford University Library – n Stay Alert to Changing Copyright Legislation – n Library of Congress, Copyright Office – n Copyright Myths: original by Brad Templeton –