Copyright and Academics Angela Medley ITEC 7445

General Rule for Copyright Laws “Assume all works are protected by copyright or trademark law unless conclusive information indicates otherwise.”

2 Myths of Copyrights that must be avoided Myth #1 A work is not public domain simply because it has been posted on the internet. Myth #2 A work is not public domain because it lacks a copyright notice.

Copyright materials Academic permission is needed to compile copyrighted materials used for teaching. This compilation is often called a “coursepack” or “reader.” Fair Use Permission is not required for educational use of copyrighted materials under fair use. Academic Permissions Can Be Different…

Academic Coursepacks An academic coursepack is usually used in a face to face environments where copies of copyrighted materials are distributed in a book format or as handouts. Clearance can be provided by the publisher of the material for a fee. Clearances usually last one semester. Electronic coursepacks are also now available.

Academic Coursepacks An academic coursepack is usually used in a face to face environments where copies of copyrighted materials are distributed in a book format or as handouts. Clearance can be provided by the publisher of the material for a fee. Clearances usually last one semester. Electronic coursepacks are also now available. (Basic Books Inc. v. Kinko’s Graphics Corp., 758 F. Supp (S.D. N.Y. 1991)

How to Obtain Clearance for Academic Coursepacks Clearance services such as University bookstores or copy shops Department administration

Fair Use “Fair use is the right to use portions of copyrighted materials without permission for purposes of education, commentary, or parody.”

Principles of Fair Use Section 107 of the Copyright Law Section 107 provides 4 factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work

Principles of Fair Use Section 107 of the Coptright Law Continued… 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work

So, how do I avoid making a mistake?

Read Click-Wrap Agreements Do not assume that clip art or any material labeled royalty- free or copyright-free can be used freely. Many times the terms and conditions will not allow a user to distribute or copy this material without authorization. Always read the terms and conditions in “Click to Accept” agreements (AKA Click-Wrap Agreements)

Remove Unauthorized Material Any complaints regarding material used on your website should result in the content being removed immediately. Consult with an attorney if needed. Do not aggravate the claim by continuing to use the material after a complaint has been made.

Investigate Claims Promptly Strive to seek evidence of copyright ownership if a complaint has been made The webmaster must investigate how that material was transferred. If copies were downloaded from the infringing site, then the webmaster would need to know who downloaded the material and how many copies were downloaded.

Copyright Protection “Extends to any original work regardless of who created it and permission is required for reproduction, display, or distribution of the work.”

How to I Obtain Permission? Written permission is best although oral permission is acceptable, just more difficult to prove. See the sample below of an informal release: I am the owner of rights to “The Eiffel Tower at Dusk” and I authorize its display and reproduction on the “Paris” website located at for a period of 2 years.

Is This All Really Necessary? The more popular the website, the higher the likelihood of getting caught. The best way to avoid complaints is to seek permission to use material that is not owned by you. Lawsuits can occur based on infringement complaints. Don’t let them happen to you!

Who is Going to Catch Me? Many companies patrol the internet for infringement. Markwatch (markwatch.com) is a company that functions as a cyber bounty hunter searching the web for infringement issues. The Association for the Protection of Internet Copyright (APIC) also seeks out violations.

Scenarios Mrs. Smith is making copies of the science textbook and selling them because the school cannot afford textbooks for her students. She is going to use the money for lab equipment. Mr. Taylor uses sheet music copied from the internet to teach his band students the music for the Friday night football game. Principal Addock decides to utilize a Prentice-Hall online textbook for math instruction.

Answers to Scenarios Copyrighted materials cannot be sold for money even if the money does go to benefit education. Mr. Taylor must purchase the sheet music for distribution to his students. He is allowed to pull pieces of a song from the internet but not the entire song. As long as Principal Addock pays for the online textbook or has permission for its use from Prentice-Hall, he is not doing anything illegal.

Who is Going to Catch Me? Many companies patrol the internet for infringement. Markwatch (markwatch.com) is a company that functions as a cyber bounty hunter searching the web for infringement issues. The Association for the Protection of Internet Copyright (APIC) also seeks out violations.

References Retrieved September 24, 2013