Kris Helge, J.D., M.L.S. Director of Library Services
Purpose – To promote the progress of science and useful arts (Article 1, Sec. 1, Clause 8) Term- In general, a life in being plus 70 years Needs originality and to be fixed in a tangible medium No registration requirement today
Literary works Musical works Dramatic works and accompanying music Pantomimes; choreographic works Pictoral, graphic, and sculptures Motion pictures Sound recordings Architectural works
Ideas and facts ◦ 3 types of IP Published by the Government Printing Office Most pre-1923 works What about data? Public domain
Sole right to -- (1) to reproduce (2) to prepare derivative works (3) to distribute (4) perform the copyrighted work publicly; (5) to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
1. What is your purpose? 2. What is the nature of the work? 3. How much are you using? 4. Market effect?
In class 110(1) ◦ …the following are not infringements of copyright: ◦ (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution… Virtual use 110(2) ◦ TEACH Act – may use reasonable amounts for educational purpose
Green ◦ Beall’s List of predatory publishers Gold Open Educational Resources Institutional Repository ◦ Social science research network ◦ Figshare ◦ Jack Andraka
Created by the Scholarly Publishing & Academic Resources Coalition (SPARC)
Authors Guild v. HathiTrust, 902 F. Supp. 2d 445 (S.D.N.Y. 2012). Cambridge Univ. Press v. Becker, 863 F. Supp. 2d 1190 (N.D. Ga. 2012). Perfect 10 v. Google, Inc., 416 F. Supp. 2d 828 (C.D. Cal. 2006).
Works for hire Joint copyright Grant funded research License agreements My work was stolen Orphan works Repository deposit considered a publication If for an educational purpose ◦ Transformational use!!
COAPI Creative Commons SPARC Addendum Access-Reuse_Addendum.pdf Access-Reuse_Addendum.pdf Figshare SSRN Columbia Copyright Office
OpenStax College Flat World Knowledge CK-12 Boundless Learning Beall’s List of Predatory Publishers