1. W HAT Y OU N EED TO K NOW ABOUT C OPYRIGHTS, I NFRINGEMENT, F AIR U SE, AND P LAGIARISM IN A U NIVERSITY S ETTING Stephen E. Gillen Wood Herron & Evans LLP 2700 Carew Tower 441 Vine Street Cincinnati, OH 45202 513.241.2324 ext 470 Copyright © 2011 by Stephen E. Gillen

2. Copyright is a bundle of rights Reproduction Distribution Adaptation Public performance Public display Digital transmission (for sound recordings)

3. Who owns it Human author Work for hire –By employment –By contract –University exceptions Joint authorship Collective works (journals)

4. What is protected by copyright Literary works Musical works Dramatic works Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures Sound recordings Architectural works Collective works and compilations

5. What isn’t protected Works not fixed Titles, names, and short phrases Facts and ideas Blank forms and common tables

6. How do you get a copyright It’s automatic No formality is required Registration is available and recommended Notice does not require registration

7. How long does a copyright last Life plus 70 years 95-120 years in the case of WFH Other rules for older works

8. Transfer of Copyright Requires a writing Except for non-exclusive license Can be terminated after 35 years

9. Copyright ≠ Plagiarism Plagiarism is passing the product of someone else’s intellectual labor off as your own (from the Latin plagiare – to kidnap) –Whether it is still under copyright –Whether it was ever under copyright Using copyrighted 3 rd party works may be infringing even if you provide attribution

10. Avoiding infringement Paraphrasing is okay (from the Greek para phrasien – to show alongside) –Taking the unprotected facts and ideas – while leaving the original expression behind Won’t save you from a plagiarism claim if you do it without attribution

11. Fair Use Use without permission for criticism, comment, teaching, scholarship, or research is not infringing provided the use is fair.

12. Is it fair – 4 factors the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; the effect of the use upon the potential market for or value of the copyrighted work.

13. No bright line test – each case considered ad hoc Salinger – 200 words from unpublished letters not okay Harper – 300 words from 20,000-word autobiography not okay Maxtone-Graham – 7,000 words from interviews for critical socio political work okay

14. No bright line test for other media But there are some best practices –Center for Social Media –Fair Use Guidelines for Educational Multimedia

15. Who owns the rights in your work Co-authors University Journal publisher

16. Questions ? ?