College of Dentistry Fall Faculty Forum Oct. 27, 2011 FACULTY COMMUNICATIONS: ISSUES IN FAIR USE, INTELLECTUAL PROPERTY AND SOCIAL MEDIA

Fair Use Intellectual Property Policy FACULTY COMMUNICATIONS IN THE CLASSROOM

 “Original works of authorship fixed in any tangible medium of expression”  Print – articles, books, newspapers, sheet music  Non Print – software, movies, photos, sculpture  Internet – blogs, podcasts, web pages  Bundle of Rights – reproduce, copy, distribute, publicly perform, create derivatives, publicly display  Exceptions  Public Domain – works of federal government; pre-1923 works; the Internet is not Public Domain!  Non-Copyrightable Works – facts, ideas  Performance or Display in Teaching (Classroom and Online)  Face to Face Teaching – display or perform works  Online Teaching – limitations; reasonable and limited portions of AV works  Fair Use COPYRIGHT DEFINED AND EXPLAINED

Purpose and Character of the Use a)Educational vs. Commercial b)Transformative vs. Reproduction c)Spontaneous vs. Repetitive Nature of the Copyrighted Work a)Technical vs. Artistic b)Factual vs. Imaginative c)Published vs. Unpublished Amount and Substantiality of the Portion Used a)Small amount vs. Larger quantity than needed to meet pedagogical objective b)Selection is or is not considered “heart of the matter” Effect of the Use on the Market a)Copying viewed as alternative to students purchasing original work? b)Ready market for the original? c)Avoiding payment of royalties? FOUR FACTORS OF FAIR USE

USING COPYRIGHTED WORKS: PRINT In ClassOnline  May photocopy reasonable quantities of print works for distribution in class – guidelines are NOT the law  May include quotes in lecture slides  “Last minute” copies  Use a link to the work whenever possible  URLs not copyrighted  License/contract restrictions  If posting copies of a work, must restrict to students in course and remove at end of the course

USING COPYRIGHTED WORKS: NON PRINT In ClassOnline  May perform or display entire works in a face to face teaching setting.  Network television recording rules – must be viewed within 10 days; cannot delete out commercials (cable or satellite – check with channel)  “Home Use Only”  Do not burn copies for students!  May embed short clips into lecture slides  Be wary of YouTube (or any potentially illegal copy)  Only reasonable and limited portions of dramatic works (e.g. movies) may be digitized and streamed – must be on secure site, limited to students in course  Link to free, legal streaming content or encourage students to make use of legal streaming services

USING COPYRIGHTED WORKS: INTERNET In ClassOnline  Content found online is also protected by copyright – evaluate same as any other print or non print work  Be wary of copying images or video – are the originals legal copies?  Can always share links – beware of deep linking  Be wary of infringing content – don’t copy what is already illegal  Utilize creative commons or public domain works

INTELLECTUAL PROPERTY OF OTHERS  Using Student Created works – students own copyright in their works and must secure their permission before reusing or posting online  Instructional materials – UF may have a property interest in these  Policy:  Under Section C.2 of the Policy, “University supported works” are property of the University.  Section C.1.g defines “university support” as the use of University funds, personnel, facilities, equipment, materials, or technological information, and includes such support provided by other public or private organizations when it is arranged, administered, or controlled by the University.  Development of online courses utilizes many University resources included within definition of “University support”  Thus, copyright in online courses held by University  General Counsel’s Copyright FAQ:  Page 7 – “What is a Work for Hire?”  “A Work for Hire is a work prepared by an employee in the course of his or her employment. In general and unless some other arrangement has been made, the employer, not the employee, owns the copyright in a Work for Hire.”  “At the University of Florida, the copyright for a work which is created in the field or discipline in which the creator is engaged by the University or is made with the use of University support, is owned by the University.”

Publications Social Media Policy FACULTY COMMUNICATIONS IN THE COMMUNITY

 Traditional publication agreements  Transfer of all rights to publisher  Impedes author’s ability to use content in later publications and in teaching  May hinder dissemination of research and collaboration  How to negotiate publication agreement  Doesn’t have to be all or nothing – copyright law permits unbundling of rights  Author Addendums  SPARC -  ScienceCommons -  Research publishers and find a “good fit”  SHERPA ROMEO and JULIET -  Publish in Open Access journals RETENTION OF RIGHTS AS AUTHOR

 What is “Open Access” –  Free access, without restriction, to scholarly content via the Internet  It is not granting permission for others to use or steal your work in contradiction to your rights.  Why is OA Important?  Cost of scholarly journals  Preserve access to locally created knowledge  Dissemination of knowledge to all – encourages study, collaboration, research, and production of new scholarship  Things to Consider  How to locate open access journals in your field – Directory of Open Access Journals –  Benefits of publishing in an open access journal.  Recognition by tenure units of publication in open access journals OPEN ACCESS

 Applies to all forms of social media (Facebook, Twitter, YouTube, blogs, etc.)  Applies to activities outside of work hours  Applies to personal as well as official accounts  Makes punishable use of social media in ways that violate local, state and federal law.  FERPA – do not disclose or release student or applicant information via social media  HIPAA – do not release patient information, including video and photographs, via social media even if it has been de-identified  Do not provide medical advice or information through social media even if requested by a patient  Intellectual Property – unpublished research data or unprotected intellectual property may not be released in a way that impairs patent protection or violates terms of a grant or contract  UF Affiliation  Misrepresentation – those affiliated with UF may not portray themselves as acting on behalf of the university or any part of it or present a social media account as an official account without authorization  Official accounts – through University Relations ( UF SOCIAL MEDIA POLICY

QUESTIONS? Contact Information:  Christine Ross,  Twitter: campuscopyright & UFScholComm  Blog: