1. Eresources & Copyright School Library Bootcamp 2014 Jane Healy Electronic Services Coordinator SD State Library Jane.Healy@state.sd.us Dan Daily Dean of Libraries University of SD Dan.Daily@usd.edu

2. OBJECTIVES Students will : learn to make copyright decisions with confidence. educate students and staff at their schools about copyright issues. learn how SDSL e-resources help users correctly cite and use information and images. understand these terms: copyright, fair use, public domain, Creative Commons

4. It Depends!

5. © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © Why copyright?

6. Why Copyright? “…to promote the Progress of Science and useful Arts….” ~(U.S. Constitution. Article 1, Section 8)

7. Not all about greed!

8. Balance Profit / free use Creator / user Advancing learning / rewarding creator Fostering creativity / using created works

9. The Purpose of Copyright a) ensure payment to publishers and authors, b) manage the financial interests of rights holders, c) promote learning and the dissemination of knowledge, d) ensure that the heirs of rights holders can continue to benefit financially from the creative work.

10. 6 Copyright Holder Exclusive Rights (section 106, title 17, U.S. Code): The right to: 1. Reproduce the work 2. Prepare derivative works 3. Distribute copies or phonorecords of the work to the public by sale, rental, lease, or lending 4. Perform the work publicly 5. Display the copyrighted work publicly 6. Perform the copyrighted work publicly by means of a digital audio transmission, in the case of sound recordings. From “U.S. Copyright Office Definitions” http://www.copyright.gov/help/faq/definitions.htmlhttp://www.copyright.gov/help/faq/definitions.html

12. Copyright lasts Life of author + 70 years –If published after January 1978

13. © © © © © © © © © © © © © © © © © © © © © © © © © © © © Copyright notice not required to protect works since 1989 legislation

14. Sonny Bono Copyright Term Extension Act, 1998 (By User Raul654 on en.wikipedia [Public domain or Public domain], via Wikimedia Commons) Extended copyright ownership by 20 yrs. Aligned U.S. copyright law with Europe’s

15. Digital Millennium Copyright Act, 1998 (DMCA) –Anti-piracy amendment to copyright law –Aligned U.S. Copyright Law with World Intellectual Property Organization treaties

16. DMCA Key Components Online service provider liability - Exempt if take-down procedures followed Copyright management systems - Cannot use circumvention tool to gain access - Cannot create circumvention tools

17. DMCA Defense Develop computer use policy Make school community aware Limit computer use –Time –Bandwidth –Downloads –Sites Photo by Paul Downey, https://www.flickr.com/photos/psd/2140856/, CC BY 2.0https://www.flickr.com/photos/psd/2140856/

18. TEACH Act, 2002 -Amended section 1002(2) -Allows digital transmission of copyright- protected content for non-profit, educational purposes -Contains prerequisites and limitations

19. You do what you think is right and let the law catch up. – Thurgood Marshall

20. Assume Material is copyrighted Author is the copyright holder Federal government material is in public domain

21. © Ideas Procedures Processes Systems Titles Principles Discoveries Short phrases X Slogans Familiar symbols Variations of typographic ornamentation Lettering Coloring Listings of contents or ingredients

22. U.S. Copyright Office www.copyright.gov

23. Can I legally use anything? FREE SDSL E- Resources Public Domain Fair Use Creative Commons Ask permission FEE Ask permission Copyright Clearance Center Commercial document suppliers

24. Public Domain U.S. federal government documents Works in which the copyright has expired –In general, works published before 1923

25. 4 Factors of Fair Use Purpose of the use Nature of the work Amount of the work used Market effect on original Bonus: acting in good faith O

26. Fair Use Guidelines Not part of copyright law No protection from liability Meant to be minimum limits O

27. Fair Use Decisions Interpret Act in spirit of law Educate user

28. Non-profit Allows copyright holders to specify permissions Users may legally use, according to Creative Commons license

29. Ask permission Email Be specific –Who –What –When –Where –Why –How

30. Library situations: Library Staff Copying Specified in Section 108 (b), (c), (d), & (e)

31. Library situations: Student/Staff Copying Post copyright warning notices on every piece of copying/printing equipment

32. Images SDSL E-Resources, especially CAMIO Getty Images Google image Advanced Search Wikimedia Commons Flickr

33. Music & Videos Free Technology For Teachers http://www.freetech4teachers.com/

34. Licensing Contract law, not copyright Negotiable Can trump fair use

35. I’ll never get caught. Why should I care?

36. Liability Actual damages or Statutory damages Up to $100,000

37. Your Role Know & follow the law Advocate for proper balance Educate staff & patrons

38. Teaching Ethical Behavior SD School Library Guidelines The Program: 5. The school library program provides collaborative instruction in multiple literacies such as information literacy, media literacy, visual literacy, and technology literacy.

39. Teaching Ethical Behavior SD School Library Guidelines The Professional: 9. The school librarian promotes, models, and teaches professional and ethical participation in a global world.

40. Teaching Ethical Behavior SD School Library GuidelinesContent Standards Strand of Proficiency: Ethical Participation Standard 3: The student will use information and its tools in a responsible, safe, legal and ethical manner.

41. Teaching Ethical Behavior AASL School Library Guidelines 3. Share knowledge and participate ethically and productively as members of our democratic society. 4.3.4 Practice safe and ethical behaviors in personal electronic communication and interaction.