© & Data Donna L. Ferullo, J.D. Director University Copyright Office Purdue University Donna L. Ferullo University Copyright Office

March 3, 2014CoA Data Literacy Pilot COPYRIGHT What is it? U.S. Constitution Copyright Law -Title 17, United States Code 1976 Act Purpose = Balance 2

March 3, 2014CoA Data Literacy Pilot Copyright Formalities Copyright notice no longer required © 2014 Donna L. Ferullo Registration needed only for litigation 3

March 3, 2014 Copyright Requirements Must be an original work with a minimum level of creativity White pages vs. yellow pages Must be fixed in a tangible medium of expression Not fixed = extemporaneous speech CoA Data Literacy Pilot4

March 3, 2014CoA Data Literacy Pilot5 Copyrightable Works Literary, musical and dramatic works Pantomimes and choreographic works Pictorial, graphic and sculptural works Sound recordings Motion pictures and other AV works Computer programs Compilations of works and derivative works Architectural works

March 3, 2014CoA Data Literacy Pilot6 What is not copyrightable Ideas, procedures, methods, systems, processes Titles, names, short phrases, slogans Facts, news, research Works in the public domain Works created by US government employees Works with expired copyrights

March 3, 2014CoA Data Literacy Pilot7 Copyright Owner’s Exclusive Rights Reproduction Distribution Public performance Public display Derivative works

March 3, 2014CoA Data Literacy Pilot8 Copyright Duration Works created on or after 1/1/78 Life of author plus 70 years Corporate author – the shorter of 95 years from publication or 120 years from creation

I Did It – but…. Defenses Fair use Education exceptions 9March 3, 2014CoA Data Literacy Pilot

Fair Use What is it? Benefits Multiple uses Technology neutral Flexible 10March 3, 2014CoA Data Literacy Pilot

Fair Use Doctrine Purpose and character Transformative Nature of work Amount of work Market effect 11March 3, 2014CoA Data Literacy Pilot

First Factor: Purpose & Character Favors Fair Use Nonprofit Educational Personal Teaching Research Scholarship Criticism Commentary News reporting Favors Permission Commercial use Entertainment For profit March 3, 2014CoA Data Literacy Pilot12

Second Factor: Nature of work Favors Fair Use Fact Published Favors Permission Fiction Unpublished March 3, 2014CoA Data Literacy Pilot13

Third Factor: Amount Favors Fair Use Small amount Amount used is not significant to work Favors Permission Large amount Amount used is heart of work March 3, 2014CoA Data Literacy Pilot14

Fourth Factor: Market Effect Favors Fair Use No major impact Licensing/permissions unavailable Limited/restricted access to work User/institution owns legal copy Favors Permission Major impact Licenses/permissions available Work is made available to world Use is repeated or long term March 3, 2014CoA Data Literacy Pilot15

Author Rights Copyright transfer agreements March 3, 2014CoA Data Literacy Pilot16

You want to do WHAT with your work??? Post the work on your web site Distribute it to colleagues/students Use portions or all of it in future publications Add to your institutional repository March 3, 2014CoA Data Literacy Pilot17

I have rights too…..but NOT if you give them to the publisher March 3, 2014CoA Data Literacy Pilot18 Reproduction Distribution Public display Public performance Derivative works

Managing Your © Negotiate agreement Attach author addendum – CIC, Sparc Exclusive license v. non-exclusive license – Creative Commons Sherpa/Romeo March 3, 2014CoA Data Literacy Pilot19

Open Access Mandates White House Directive FASTR NIH + Harvard MIT And the list goes on March 3, 2014CoA Data Literacy Pilot20

Now – What About Data? Is Data Copyrightable? March 3, 2014CoA Data Literacy Pilot21

What is Data? da·ta / ˈ de ɪ tə, ˈ dætə, ˈ d ɑ tə/ Show Spelled [dey-tuh, dat-uh, dah-tuh] Show IPA noun 1. a plural of datum.datum 2. ( used with a plural verb ) individual facts, statistics, or items of information: These data represent the results of our analyses. Data are entered by terminal for immediate processing by the computer. 3. ( used with a singular verb ) a body of facts; information: Additional data is available from the president of the firm. March 3, 2014CoA Data Literacy Pilot22

Copyright Requirements Must be an original work Must be fixed in a tangible medium of expression 23March 3, 2014CoA Data Literacy Pilot

What is not copyrightable Ideas, procedures, methods, systems, processes Titles, names, short phrases, slogans Facts, news, research Works in the public domain Works created by US government employees NASA images Works with expired copyrights 24March 3, 2014CoA Data Literacy Pilot

So… What’s Copyrightable Expression of data Compilation of data March 3, 2014CoA Data Literacy Pilot25

Who Owns Data Tangible Research Property and Research Data The University owns all rights, title, and interest in Tangible Research Property and Research Data developed with support from University Resources. Subject to the University’s control of the Disposition of Intellectual Property under Section V of this policy, in most instances the University permits the creators of University- owned Tangible Research Property or Research Data to retain primary physical custody of it solely for use in scholarship and not for any commercial purpose. Purdue Policy I.A.1 March 3, 2014CoA Data Literacy Pilot26

Research Data The term “Research Data” means the recorded factual material commonly accepted in the research and scholarly communities as necessary to validate research findings, but not any of the following: preliminary analyses, drafts of scholarly manuscripts, plans for future research, peer reviews, or communications with colleagues. Purdue Policy I.A.1 March 3, 2014CoA Data Literacy Pilot27

Repository Agreements v. Publication Agreements Terms of Use Terms of Deposit Liability Copyright ownership v. licensing Previous commitments March 3, 2014CoA Data Literacy Pilot28

Contracts/Licenses Publicity/Privacy Trademarks March 3, 2014CoA Data Literacy Pilot29

March 3, 2014CoA Data Literacy Pilot30 Copyright vs. Plagiarism Copyright – a legal right that protects original works Federal law Legal penalties for infringement Fair use exemption Plagiarism - passing off someone else’s work as one’s own Unethical but not necessarily illegal Misappropriation of someone else’s work Lack of attribution

March 3, 2014CoA Data Literacy Pilot31 Words of Wisdom Copyright Only use legally acquired copies Be aware of your audience – who has access to the materials Apply Fair Use Doctrine Request appropriate permission Plagiarism Cite your sources Publication Journal selection/data repository Negotiate Understand & retain your contracts

Questions?