1. ©OPYRIGHT Reality for Academe Donna L. Ferullo, J.D. Director, University Copyright Office Purdue University ferullo@purdue.edu Donna L. Ferullo University Copyright Office

2. August 2, 2006BCCE2 Agenda Copyright basics Copyright exemptions Making it work Copyright landscape

3. August 2, 2006BCCE3 COPYRIGHT What is it? Copyright Law -Title 17, United States Code 1976 Act Purpose

4. August 2, 2006BCCE4 Copyright Requirements Must be an original work Must be fixed in a tangible medium of expression

5. August 2, 2006BCCE5 Copyrightable Works Literary, musical and dramatic works Pantomimes and choreographic works Pictorial, graphic and sculptural works Sound recordings Motion pictures and other AV works Computer programs Compilations of works and derivative works Architectural works

6. August 2, 2006BCCE6 What is not copyrightable Ideas, procedures, methods, systems, processes Titles, names, short phrases, slogans Facts, news, research Works in the public domain Works created by US government employees Works with expired copyrights

7. August 2, 2006BCCE7 Copyright Owner’s Exclusive Rights Reproduction Distribution Public performance Public display Derivative works Sound recordings

8. August 2, 2006BCCE8 Divisible Rights – Contracts/Licenses Negotiate Understand all terms Legally binding

9. August 2, 2006BCCE9 Copyright Duration Works created on or after 1/1/78 Life of author plus 70 years Corporate author – the shorter of 95 years from publication or 120 years from creation

10. August 2, 2006BCCE10 Copyright Exemptions §107 - Fair Use Doctrine §108 – Reproduction by Libraries & Archives §109 – First Sale Doctrine §110 – Education Exemptions

11. August 2, 2006BCCE11 Fair Use Doctrine Four Factor Analysis Purpose and character Nature of work Amount of work Market effect NOTE: Fair use is technologically neutral

12. August 2, 2006BCCE12 First Factor: Purpose & Character Nonprofit Educational Personal Teaching Research Scholarship Criticism Commentary News reporting Commercial use Entertainment For profit

13. August 2, 2006BCCE13 Second Factor: Nature of work Fact Published Fiction Unpublished

14. August 2, 2006BCCE14 Third Factor: Amount Small amount Amount used is not significant to work Large amount Amount used is heart of work

15. August 2, 2006BCCE15 Fourth Factor: Market Effect No major impact Licensing/permissions unavailable Limited/restricted access to work User/institution owns legal copy Major impact Licenses/permissions available Work is made available to world Use is repeated or long term

16. August 2, 2006BCCE16 Education Exemptions 110(1) – Classroom or face-to-face teaching 110(2) – TEACH – distance education

17. August 2, 2006BCCE17 Education Exemptions §110(1) – Face-to-face teaching All displays are allowed Pictures, charts, graphs, still works All performances are allowed Videos, readings from text or poetry

18. August 2, 2006BCCE18 TEACH Act Technology, Education and Copyright Harmonization Act of 2002 Total revision of distance education exemption Attempts to equalize distance education and classroom teaching

19. August 2, 2006BCCE19 The TEACH Act §110(2) – Distance education- digital transmissions All displays are allowed but only in an amount comparable to what is displayed in a live classroom setting.

20. August 2, 2006BCCE20 TEACH Act (cont.) Performances of the following are allowed to be transmitted: non-dramatic literary or musical works Readings from novels, poetry and textbooks Pop music, symphonies Reasonable and limited portions of other works Dramatic works Audiovisuals

21. August 2, 2006BCCE21 TEACH Act Requirements Institution Technology Instructor Materials

22. August 2, 2006BCCE22 Institution Requirements Accredited nonprofit educational institution including K-12 Institute copyright policies Provide informational materials to faculty, staff and students on copyright

23. August 2, 2006BCCE23 Technology Requirements Transmission limited to students officially enrolled in the course Transmissions cannot be retained longer than class session Transmission cannot be distributed beyond officially enrolled students No material can remain on the system longer than necessary to facilitate transmission.

24. August 2, 2006BCCE24 Instructor Requirements Performance (P) or display (D) must be made by, at the direction of, or under actual supervision of instructor P or D must be an integral part of class session which is offered as a regular part of systematic mediated instructional activities P or D must be analogous to what takes place in a live classroom P or D must be directly related to teaching content Instructor must use lawfully made and acquired copy Instructor must provide notice to students that materials may be subject to copyright protection

25. August 2, 2006BCCE25 Material Requirements Materials not eligible for exemption Textbooks, course packs or other material in any media, copies, CD’s which are typically purchased by students for use in one or more class session Works that are marketed primarily for education Illegal works

26. August 2, 2006BCCE26 Materials (cont.) Analog works cannot be converted into digital works unless No digital version is available Digital version is subject to technological protections that are not covered by TEACH Only the amount that is authorized under TEACH can be converted

27. August 2, 2006BCCE27 TEACH Exemption or ???? All requirements must be met before exemption can be used. FAIR USE, FAIR USE, FAIR USE

28. August 2, 2006BCCE28 Break It Down Determine status of work Copyrightable Copyrighted Public domain Analyze rights and exemptions Apply exemptions Request permission from copyright owner if exemptions do not apply (Request and permission should be in writing)

29. August 2, 2006BCCE29 Copyright Myths Everything on the web can be used without permission All educational use is fair use Publication did not have copyright notice so it must be in the public domain

30. August 2, 2006BCCE30 Is it Legal??? Links Personal tapes for educational use Music in multimedia/PP presentation Coursepacks Copying work sheets – consumables Blogs

31. August 2, 2006BCCE31 The Cost of Copyright Infringement Actual damages & profits Statutory damages $200 - $150,000 Attorney’s fees and costs Injunction Impoundment Jail

32. August 2, 2006BCCE32 Copyright Landscape Turnitin Orphan works Clean Flicks Google

33. August 2, 2006BCCE33 Copyright vs. Plagiarism Copyright – a legal right that protects original works Federal law Legal penalties for infringement Fair use exemption Plagiarism – passing off someone else’s work as one’s own Unethical but not necessarily illegal Misappropriation of someone else’s work Lack of attribution

34. August 2, 2006BCCE34 Words of Wisdom Only use legally acquired copies Be aware of your audience – who has access to the materials Free access does not equal free use Negotiate licenses/permissions carefully

35. August 2, 2006BCCE35 Copyright Resources Purdue University Copyright Office http://www.lib.purdue.edu/uco United States Copyright Office http://www.loc.gov/copyright/ Copyright Crash Course – University of Texas http://www.utsystem.edu/OCG/IntellectualProperty/cpr tindx.htm Copyright Management Center – IU http://www.iupui.edu/~copyinfo/home.html

36. August 2, 2006BCCE36 Copyright Resources (cont’d) U. of Maryland U. College www.umuc.edu/distance/odell/cip/primer.h tml American Library Association www.ala.org/work/copyright.html

37. August 2, 2006BCCE37 TEACH Resources Purdue University Copyright Office http://www.lib.purdue.edu/uco University of Texas http://www.utsystem.edu/ogc/intellectualproperty/teac hact.htm TEACH Toolkit – North Carolina State University http://www.lib.ncsu.edu/scc/legislative/teachkit / American Library Association http://www.ala.org/washoff/teach.html

38. August 2, 2006BCCE38 Question: ??? Answer: It depends…