1. Copyright Practical Applications Gail McMillan Director, Digital Library and Archives University Libraries http://scholar.lib.vt.edu

2. US Constitution, Article I, Sect. 8 Promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Copyright Law: U.S. Code, Title 17 protection of original expression as soon as it is fixed in tangible form ©Section 106: Exclusive rights of creators ©Section 107: Fair use and limits to exclusive rights ©Section 108: Libraries and limits to exclusive rights http://www4.law.cornell.edu/uscode/17/

3. Who owns the copyright? n Creators of original works n Creators' assignees n Employers: works for hire –New York Times et al., Petitioners, v. Jonathan Tasini et al. –Greenberg v. National Geographic Magazine n Why officially register your copyright? –Possibly receive greater compensation, with less documentation when filing an infringement suit

4. Consider adding statements that grant permission or restrict use. n “Permission is given to copy this work provided credit is given and copies are not intended for sale." n "Use or inclusion of any portion of this document in another work intended for commercial use requires permission from the copyright owner."

5. Rights of copyright holders 1. Reproduction 2. Modification 3. Distribution 4. Public performance 5. Public display Title 17 U.S.C. Sec. 106

6. Permission or license to use a copyrighted work is NOT required if n Work is a fact or an idea –Phone number, earth is round n Public domain –US; very, very old n Fair use –http://www.utsystem.edu/OGC/IntellectualProperty/copypol2. htm#testhttp://www.utsystem.edu/OGC/IntellectualProperty/copypol2. htm#test –TEACH Act

7. Lolly Gassaway: http://www.unc.edu/~unclng/public-d.htm Public Domain

8. Fair Use Before using someone else's work without permission,consider ALL 4 FACTORS 1. Purpose and character of use 2. Nature of the copyrighted work 3. Amount, substantiality 4. Effect Title 17 U.S.C. Sec. 107

9. 1. Purpose and character of use n Commercial or educational use © Myth: It's OK--it's for educational purposes. n For profit or not n Degree of transformation; value added –© Myth: I modified it; now it's mine. –Pretty Woman: 2 Live Crew (Campbell, aka Skywalker, et al.) v. Roy Orbison Estate (Acuff Rose Music, Inc.), 1993/94 n For criticism, commentary, news reporting, teaching, scholarship, research FAIR USE 1 of 4

10. 2. Nature of the copyrighted work n Worthy of (extensive) protection? n Character of the work? –fact (information) or fiction (imaginative) Published facts weigh in favor of fair use Unpublished original expressions weigh in favor of seeking permission FAIR USE 2 of 4

11. 3. Amount and substantiality © Myth: Copying just a little bit is OK. n Use only what is necessary –Art n Quantity and quality in relation to the whole work –President Gerald Ford's memoirs: Harper & Row, Publishers, Inc. (Time) v. Nation Enterprises, 1985 http://www.publaw.com/fairuse.html FAIR USE 3 of 4

12. 4. Effect n Harm to potential market or value of a work after a portion has been used separately from the whole –© Myths Attribution is as good as permission. It's free advertising. original by Brad Templeton http://www.templetons.com/brad/copymyths.html FAIR USE 4 of 4

13. © Myths It's on the Web so I can use it without asking. It doesn't say it's copyrighted! n As of March 1, 1989, the copyright warning does not have to appear for a work to be legally copyrighted. n Reminders © 1997 by [your name] or Copyright by [your name] ALL RIGHTS RESERVED

14. Is the letter you wrote to your high school boy/girl friend his/hers to publish? Do you own the copyright to the email you receive?

15. Copyright for Instruction n USC Title 17 Section 110 –Limitations of certain performances and displays –Face-to-face classroom settings n Broadened by TEACH Act (Nov. 2, 2002) –Must have an institutional policy in order to invoke the TEACH Act n Don’t forget to continue to apply fair use (all 4 factors)

16. ETDs: electronic theses and dissertations http://scholar.lib.vt.edu/theses/copyright/http://scholar.lib.vt.edu/theses/copyright/ n Negotiate with publishers –Request Permission: Sample letter –Publishers' email addresses n US Copyright Office –Register your copyright n Publishers' Surveys

17. Stay Alert to Changing Legislation DMCA: Digital Millennium Copyright Act http://www.copyright.gov/reports/studies/dmca/dmca_study.html TEACH: S.487 http://www.aaup.org/Issues/DistanceEd/legsalert/newsip.htm n Technology Education and Copyright Harmonization Act n Apply a fair use standard to digital education environment n Would modify Title 17 USC Sec. 110 and 112 –Mediated instruction –Integral part of class session –Government or nonprofit educational institution –Limited to enrolled students –Accurately informed about copyright compliance –Reasonably prevent Retention beyond course Unauthorized further dissemination

18. Copyright Resources n Copyright Management Center –Kenneth Crews, IUPUI –http://www.copyright.iupui.edu/dist_learning.htm n Crash Course in Copyright –Georgia Harper, University of Texas at Austin –http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test n TEACH Toolkit –http://www.lib.ncsu.edu/scc/legislative/teachkit/guidelines.html n Stanford University Library –http://fairuse.stanford.edu n Stay Alert to Changing Copyright Legislation –http://www.loc.gov/copyright/legislation/ n Library of Congress, Copyright Office –http://lcweb.loc.gov/copyright/ n Copyright Myths: original by Brad Templeton –http://www.templetons.com/brad/copymyths.html