SPEED COPYRIGHT (The Copyright Quickie) 2003 Rosemary Chase Copyright Officer George Mason University Libraries

Presume EVERYTHING IS OWNED [copyrighted, patented, trademarked] by someone.

Only the owner can copy distribute perform display or make a derivative work.

“FAIR USE” LETS YOU USE OTHERS’ WORKS…

BUT NOT VERY MUCH, AND NOT FOR VERY LONG.

Sometimes you need to ask for permission… …ahead of time.

Sometimes, it’s free. SOMETIMES YOU MUST PAY A FEE.

NO HIGHER AUTHORITY CAN DIRECT YOU TO BREAK THE LAW.

IF YOU BREAK THE LAW, YOU ARE LIABLE, NOT THE UNIVERSITY…

AND THAT’S BECAUSE… THE UNIVERSITY PROVIDES INFORMATION AND INSTRUCTION ON COPYRIGHT LAW & FAIR USE…

IN ACCORDANCE WITH THE DMCA… (THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998) & TEACH Act, 2002

…IN A NUTSHELL Educational purpose is NOT always FAIR USE. Out-of- print does NOT mean out-of-copyright. WWW is NOT public domain. Go to the IRC workshop page to sign up for the real copyright workshop…

What is Copyright? Copyright laws grant exclusive rights to the owners of an original work Such as: –Literary, musical, artistic A set of EXCLUSIVE RIGHTS

Copyright... Work Must Be: –Original expression –Fixed in a tangible form Begins: –At the moment original work is fixed –Example: Graphic created in PhotoShop is protected as soon as saved to disk.

Non-Protected Works Cannot be Copyrighted Ideas Facts Titles Names Short Phrases

Public Domain Non-Protected Works Anything published before 1923 Federal Government Works

Statutory Exceptions Fair Use (§107) Libraries and Archives (§108)

What is Fair Use? 1. Purpose – education vs. commercial 2. Nature – fact vs. fiction 3. Amount – and substantiality (10%?) 4. Effect – on market or value Four Factors from §107 of the 1976 Copyright Act:

IF THESE ARE “FAIR USES”… Then what is PLAGIARISM?

Fair Use or Plagiarism? Why isn’t plagiarism a fair use? –Because a complete citation must accompany any fair use of another’s work.

Plagiarism When you quote directly from a publication –Use quotation marks –Use proper citation format (Author, 8) OR (author, 1999, 8) OR full footnote or endnote

Plagiarism… …is not always willful. –Sometimes the inexperienced writer forgets to attribute his paraphrasing efforts.

Plagiarism When you paraphrase –Attribute your source in a footnote or endnote just as if you had quoted directly

Plagiarism… is fraud. It is using someone else’s words or art without attribution and passing it off as your own. Copyright infringement is using & citing someone’s work without permission nor compensation to the rights holder. If there is a citation, it is not plagiarism.

Cyber-plagiarism There are growing numbers of web sites where student papers are available for free, or for a price. Your instructors know how to use these sites. Your instructors know how to search the internet for a “word string” which will point them to these sites…

Cyber-plagiarism Even when these students have donated their papers to these sites, your use of any part of these papers is still plagiarism. SPEAKING OF UNETHICAL CONDUCT…

FILE SHARING RIAA – (Recording Industry Association of America) successfully sued for sharing music using campus servers. –The Universities were NOT sued.

FILE SHARING File sharing = distribution –Unlawful, unauthorized distribution, reproduction of copyrighted works

FILE SHARING …is a violation of §106 of Title 17, U.S. Code –Exclusive right of author/creator to reproduce and distribute

FILE SHARING - THEORY PEER 2 PEER, P2P, Theory: –Sampling –Previewing –Not meant to substitute for purchase of music or movies or software –Meant to facilitate long distance collaboration between researchers and creators.

Liability Issues… what you need to know 3 TYPES OF INFRINGEMENT Direct infringement - knowledge of infringement Contributory infringement –you must either have knowledge, i.e. faculty directed –or you must materially contribute, i.e. university equipment used Innocent infringement - very rare on a university campus –Staff (button pusher) responsibility KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY IS IRRELEVANT TO YOUR LIABILITY KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY IS IRRELEVANT TO YOUR LIABILITY

Recent Legislation jail time was added for willful infringement Digital Millenium Copyright Act passed into law, October DMCA Sonny Bono Term Extension - 20 years TEACH Act – passed November 2002 – some fair use in digital materials

What should everyone know about copyright? Work is protected from the moment the pen meets the paper No registration with the Library of Congress is required for protection No “  ” is required We are all rightsholders!

Your Responsibilities As students and citizens in these labs, or on your own PC, it is your responsibility to: –Observe the above restrictions. –Learn proper methods of attribution, acknowledgment and citation for each reference in each paper or project. –Resist the temptation to ignore any of the limitations “just this once”. Remember: These are not your personal rules. You are only doing as instructed in order to protect the University.

… in a nutshell Educational purpose 10% IS NOT ALWAYS FAIR USE. OUT- OF- PRINT does NOT mean out- of - COPYRIGHT. –does NOT equal FAIR USE. WWW is NOT public domain.

Copyright Office George Mason University Libraries Johnson Center Room 136 Hours: Monday-Friday 8:00 – 4:30 Phone: , & Workshops: