1 Copyright and Education: Trends, Developments, and Future Directions Institute for Computer Policy and Law Educause & Cornell University Ithaca, New York June 30, 2005 Kenneth D. Crews, J.D., Ph.D. The Samuel R. Rosen II Professor Indiana University School of Law-Indianapolis Indiana University-Purdue University Indianapolis

2 Why is Copyright Important? l Broad Scope of Protected Works l Ease of Creating and Use Copyrighted Works l Your Issues: –Website Development –Multimedia Projects –Computer Programming –More!

3 l Eligibility for Copyright Protection Go! Go! l Securing Copyright Protection/Formalities Go! Go! l Ownership of Copyright Go! Go! l Rights of the Copyright Owner Go! Go! l Duration of Copyrights Go! Go! l Exceptions to the Rights of Owners Go! Go! l Digital Millennium Copyright Act Go! Go! The Big Picture: Structure of the Law of Copyright

4 Fundamentals of Copyright l Eligibility for Protection: –Original Works of Authorship –Fixed in a Tangible Medium of Expression l Securing Protection –Automatic Protection –No Requirement of Formalities –Formalities Yield Some Legal Benefits

5 Ownership of the Copyright l Creator of the Original Work l Transfers of Copyright –Required Formalities –Termination of Transfers l Work Made for Hire –Version 1: Employee/Scope of Employment –Version 2: Independent Contractor Signed Writing Specified List of Works

6 Rights of the Copyright Owner l Fundamental Rights –Reproduction –Distribution –Derivative Works –Public Performance and Display l Recent Additions –Moral Rights (§106A) –Digital Transmissions of Sound Recordings –DMCA Provisions

7 Duration of Copyright Protection l Works Created During or After 1978 –Life of Author Plus 70 Years –Work-For-Hire: 95 Years from Publication 120 Years from Creation 120 Years from Creation l Works Published Before 1978 –Generally Maximum of 95 Years/Since 1923 –Possibly Short Term If No Notice or Renewal –Foreign Copyrights May Be Restored l Works Created But Not Published Before 1978 –Life of the Author Plus 70 Years –Effective Starting Jan 1, 2003!

8 Exceptions to the Rights of Copyright Owners l Section 107: Fair Use l Section 108: Library Copying l Section 109: First-Sale Doctrine l Section 110: Displays and Performances l Section 114: Transmissions of Sound Recordings l Section 115: Compulsory Licenses/Recordings l Section 120: Architectural Works l Section 121: Persons with Disabilities

9 What Are the Rights to Use Copyrighted Works? l Section 107: Fair Use –Purpose of the Use –Education vs. Commercial –Transformative –Nature of the Work Used –Amount Used –Effect of the Use on Market or Value

10 Electronic Reserves: An Example Approach l Purpose of the Use –Serve educational needs –At request of instructor –Password restriction l Nature of the Work –Related to educational objectives –Portion that serves educational need –Limited portions from creative works

11 Electronic Reserves: An Example Approach l Amount of the Work –Brief works or portions of longer works –Portion that serves educational need l Effect on Market for Original –No repeat use by same instructor/same course –Copyright notice and citation –Password restriction –Lawfully obtained original in collection –Do not compete with available coursepacks

12 What Are the Rights to Use Copyrighted Works? l Section 108: Library Copying –Eligible Libraries –Preservation –Copying for Personal Uses –Interlibrary Loans l Section 109: First Sale –Sales, Rental, Lending –Public Display

13 What Are the Rights to Use Copyrighted Works? l Section 110(1) –Performances and Displays –Face-to-Face Teaching l Section 110(2) –Distance Learning –Performances and Displays –Some Reproduction & Distribution

14 Click to Beginning! Click to Beginning! Kenneth D. Crews, J.D., Ph.D Kenneth D. Crews, J.D., Ph.D. The Samuel R. Rosen II Professor of Law Indiana University School of Law-Indianapolis Associate Dean of the Faculties for Copyright Management Indiana University -Purdue University Indianapolis (317) Fax: (317) Copyright and Education: Trends, Developments, and Future Directions