1. Karen Nowak Intellectual Property Committee chair at Concordia University Earned certificate of completion for Copyright Management and Leadership with University of Maryland University College in 2010

2. I am not an attorney, nor am I in a position to offer legal advisement. What I can offer is suggestions or recommendations. May 20162

3. "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their Retrospective writings and Discoveries." U.S. Constitution Article I, Section 8, Article 8 May 20163

4. Any work that is fixed in a tangible format is copyright-protected. The right holder has the following exclusive rights. Right to Reproduce in copies. Right to Distribute to the public. Right to Create Derivative works based on the original. Right to Display Publicly. Right to Perform Publicly. May 20164

5. The United States participated in the Berne Convention for the Protection of Literary and Artistic Works in 1988, which resulted in an extension of copyright coverage to the life of the copyright holder plus 50 years or in the case of a corporate entity it is 95 years beyond the work was copyrighted. In addition, there was not a need for copyright holders to register work to have copyright ownership. May 20165

6. Content that cannot be copyrighted: Ideas Facts Slogans Useful Object Raw data Titles and short phrases Though some of these may find intellectual property coverage with trademarks or patents. May 20166

7. Coverage of music is a complex area of copyright. Musical composition has protection in copyright in performance and recordings. The composer, lyricist and performer all have rights. Sound recordings fixed before Feb. 1972 are not protected by federal ©, but left to state © (common law). Blanket licenses purchase through university could cover uses, though Concordia does not have one at this time. May 20167

8. 17 U.S.C., Section 108—Limitations on exclusive rights: Reproduction by Libraries and Archives— Focus on reproduction and distribution. Specifies how libraries or archives can handle deteriorating or damaged phonorecords or in the case of obsolete technology. Pertains to libraries and archives specifically. May 20168

9. TEACH (Technology, Education and Copyright Harmonization Act): Current version of U.S.C. 107, Section 110(2) CU is not TEACH compliant at this time. Must meet the following to qualify: Institutional and policy requirements Technology requirements Instructional planning requirements May 20169

10. Codified in 1998 to protect the management of copyright information with identifying information that accompanies a copy or performance of a work. Under DMCA, it is unlawful to remove or alter technologies such as encryption devices. May 201610

11. U.S.C. 107, Sec. 107 Fair Use Statute In practical use, we use this for fair use guidelines, one of the broadest and most flexible use to establish a fair use defense of copyrighted works. May 201611

12. U.S.C. 107, Section 107 of the Copyright Act of 1976 states, “Notwithstanding the provisions of Sections 106 and 106a, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” May 201612

13. Section 107 goes on to state, “In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. The effect of the use upon the potential market for or value of the copyrighted work.” May 201613

14. Ask yourself the following questions: 1. Is the work protected by copyright? 2. Is there a specific exception (fair use guidelines are most helpful) in the copyright law that guides my specific use? If you meet the criteria, can you use it without asking for permission? 3. Is there a license that covers my use? 4. Is my use covered by fair use? Challenge, with flexibility. 5. Do I need permission from the copyright owner? Evaluation of use of digital resources need be done on a case-by-case basis. May 201614

15. When litigation of a copyright-based case goes to court, the judges have shown emphasis on how the defendant can answer the questions of 1. Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work, and of the use? May 201615

16. Transformative use is becoming more of an essential evaluation in court cases and is considered with the First fair use factor. A transformative purpose often demonstrates an individual creator’s investment of substantial time and creative energy in producing works such as a mashup, a personal video, a parody, or other new work. Images and sounds can be building blocks for new meaning added to an existing work. May 201616

17. Public domain encompasses the following circumstances: 1. The term of copyright for the work has expired; 2. The author of a work published before 1978 failed to satisfy statutory formalities; 3. The copyright owner has dedicated the term to the publisher; or 4. The United States government is the source of the copyright work May 201617

18. Flickr: Good place to find pictures May 201618 Creative Commons for Images, Photos, Cartoon, Open Access articles, background music to use with podcasts, etc. creativecommons.org gives details on how to cite.

19. When using the library’s subscription databases, for articles to add to a course in Blackboard, it is best for © compliance to use the persistent link. The link will prompt the user to log in and authenticate with the proxy server. That is favoring fair use of the material. Question on where to locate the persistent link, ask a Librarian. May 201619

20. Occasionally you will find an Internet resource that you would like to use in the online environment. Assume material found the online is copyrighted, unless otherwise specified. Use deep linking to direct the user to the source without infringement via deep linking. http://www.nationalacademies.org/hmd/Report s/2015/Assessing-Progress-on-the-IOM-Report- The-Future-of-Nursing.aspx May 201620

21. Fair Use Checklist: https://copyright.columbia.edu/basics/fair-use/fair- use-checklist.html Created by Kenneth D. Crews (formerly of Columbia University and Dwayne K. Buttler Public Domain Slider: http://librarycopyright.net/resources/digitalslider / http://librarycopyright.net/resources/digitalslider / Copyright Permission: https://copyright.columbia.edu/basics/permissio ns-and-licensing.html https://copyright.columbia.edu/basics/permissio ns-and-licensing.html May 201621

22. Professor Arthur Miles would like to use excerpts from an unpublished work in an article. He intends to published the article in an edited collection of critical essays. Is Professor Miles acting within fair use compliance? May 201622

23. Professor Allen Smith posted class notes from his Bioethics course on her website. He found an article from the library on the bioethical topic discussed in class to add on the website. Prof. Smith adds commentary along with the article to give the students greater perspective on the varying points of view and supplement the class notes. Is this fair use? If not, is there a way he could use the material in another way to provide the content that would be more in favor of fair use? May 201623

24. Professor Kim Simons plans to show a digital copy of a copyrighted motion picture on a password-protected course site for teaching online. Is her use warranted under fair use protection? May 201624

25. May 201625