UT Copyright 101
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UT Copyright 101 UT Copyright 101 Presentation Transcript

  • TitleTitle THETHE
  • THE BASICS OF COPYRIGHT FOR UT FACULTY, STAFF AND STUDENTS PLEASE STOP HERE FIRST AND STOP HERE FIRST TO TAKE OUR QUIZ!TAKE OUR QUIZ! THEN CONTINUE ON DOWN THE INFORMATION HIGHWAY ...
  • TitleTitle Copyright is spelled out as a power of Congress in Article I of the U.S. Constitution: ...topromotetheProgressofScienceandusefulArts,bysecur (can’t read it? mouse over) View slide
  • “... to promote the Progress of Science and useful Arts, by securing f discoveries.” View slide
  • SHOR T CUT SHOR T CUT QUIZQUIZ ClassroomGuidelines ClassroomGuidelines The TEACH ActThe TEACH Act ... and where do you want to go? Fair Use AnyoneAnyoneAnyoneAnyone StudentStudent FacultyFaculty WHO ARE YOU? Hint: click on one!Hint: click on one! (or continue on down the highway ...)(or continue on down the highway ...) DMCADMCA
  • Copyright exists for two purposes: 1)to incentivize individual authors and creators and to protect their works to a limited degree 2)to promote public creativity and facilitate the sharing of knowledge for the greater good These two purposes exist side-by-side and often compete. They must be balanced very carefully. KNOW THAT using information is like drivingKNOW THAT using information is like driving on an interstate highway. UNLESS there areon an interstate highway. UNLESS there are cautions or roadblocks that arise, you havecautions or roadblocks that arise, you have thethe right of wayright of way – you may proceed.– you may proceed.
  • In order for a work to be copyrightable in the first place, it must have the following qualities: 1)It must be fixed in a tangible form of expression (e.g., a poem, a drawing, a musical recording) (as opposed to an “idea” or an unrecorded conversation) 2)It must embody a minimum amount of creativity or originality (e.g., a meme image derived from a photo of the president) (as opposed to a factually compiled list of the governors of all 50 states) To learn more, see The U.S. Copyright Office’s:To learn more, see The U.S. Copyright Office’s: What Does Copyright Protect?What Does Copyright Protect?
  • The Copyright Act of 1976 (U.S.C. Title 17) governs copyright law in the United States today. Copyright has undergone many evolutions, mostly to accommodate fair use for educational purposes amidst changing technology. Since 1989, the United States has also been a To learn more about how U.S. copyright lawTo learn more about how U.S. copyright law interacts in the sphere of international copyrightinteracts in the sphere of international copyright laws, see:laws, see: US Copyright Office Circular 38aUS Copyright Office Circular 38a member of the Berne Convention, an international community of nations cooperating on copyright.
  • THE BASICS OF COPYRIGHT For UT Faculty and Staff
  • Who owns a copyrighted work? It depends. • the creator or author • the creator’s employer (in cases of a “work made for hire”) (wmfh) for example, see The University of Toledo’s copyright policy • the original publisher if copyright is “transferred” by the author upon publication see examples of CTAs • another publisher if the original copyright was sold by the first publisher • joint authors/creators • heir if creator is no longer living and the work has not fallen into the “public domain” read more about public domain Learn more about determining ownership of copyrighted works:Learn more about determining ownership of copyrighted works: http://copyright.cornell.edu/resources/publicdomain.cfmhttp://copyright.cornell.edu/resources/publicdomain.cfm
  • What are the rights of a copyright holder? 1)first sale 2)reproduction 3)distribution 4)public performance and display 5)transmission 6)derivative works What does this mean? It means that when a work is copyrighted, the creator has the exclusive right to manage their original publication as well as certain types of activity that build on that original creation. However ... This is governed by Section 106 of the U.S. Copyright Act.This is governed by Section 106 of the U.S. Copyright Act. See:See: http://www.copyright.gov/title17/92chap1.html#106http://www.copyright.gov/title17/92chap1.html#106
  • Copyright is a two-way street.Copyright is a two-way street. Some of theSome of the exceptionsexceptions to the rights of copyright owners:to the rights of copyright owners: •Fair Use (Section 107)Fair Use (Section 107) •Library Copying (Section 108)Library Copying (Section 108) •Displays and Performances for purposes of Face-to-FaceDisplays and Performances for purposes of Face-to-Face Teaching (110:1) and Online Learning (110:2)Teaching (110:1) and Online Learning (110:2) •“Classroom Guidelines”“Classroom Guidelines” (an interpretation of Section 107)(an interpretation of Section 107) For more on the MANY exceptions to the exclusive rights in copyright,For more on the MANY exceptions to the exclusive rights in copyright, see:see: http://www.copyright.gov/title17/92chap1.html#107http://www.copyright.gov/title17/92chap1.html#107
  • Let’s visit copyright in the classroom now.
  • Classroom GuidelinesClassroom Guidelines (including The TEACH Act)(including The TEACH Act) Designed to help teachersDesigned to help teachers understand what is allowed inunderstand what is allowed in terms of fair use in the classroom,terms of fair use in the classroom, both physical and virtual.both physical and virtual.
  • Classroom Guidelines (1976)Classroom Guidelines (1976) •Established as one type of exceptionEstablished as one type of exception to the exclusive rights of Copyrightto the exclusive rights of Copyright ownershipownership •Has evolved to accommodate theHas evolved to accommodate the need for e-reserves and distanceneed for e-reserves and distance learning (TEACH Act)learning (TEACH Act)
  • The TEACH Act Technology, Education, and Copyright Harmonization Act (2002). Established to: 1)bring existing copyright regulations in line with newer distance learning technologies and needs 2)afford more types of students the capability to access learning resources 3)loosen the permissions for transmitting certain types of copyrighted audiovisual materials The TEACH Act Technology, Education, and Copyright Harmonization Act (2002). Established to: 1)bring existing copyright regulations in line with newer distance learning technologies and needs 2)afford more types of students the capability to access learning resources 3)loosen the permissions for transmitting certain types of copyrighted audiovisual materials For more on the TEACH Act, see:For more on the TEACH Act, see: http://copyright.lib.utexas.edu/teachact.htmlhttp://copyright.lib.utexas.edu/teachact.html
  • Copyright law provides us with certain guidelines, but fair use remains open to interpretation, balancing the following four factors. thethethethe
  • The Four “Fair Use”The Four “Fair Use” FACTORSFACTORS 1 PurposePurpose of the use 2 NatureNature of the work used 33 AmountAmount of the work used 4 EffectEffect of use on the market
  • FACTOR S AHEAD Hint: using a real-life example, askHint: using a real-life example, ask yourself the following four questions aboutyourself the following four questions about a copyrighted work you wish to use ...a copyrighted work you wish to use ... SLOW DOWN ...
  • Does not favor fair use. Favors Fair UseFavors Fair Use What is the ?
  • Does not favor fair use. Favors Fair UseFavors Fair Use What is the ?
  • Does not favor fair use. Favors Fair UseFavors Fair Use What is the ?
  • Does not favor fair use. Favors Fair UseFavors Fair Use What is the ?
  • In more cases than you may realize, an argument for fair use is pretty easy to establish, especially if you are working in an educational, nonprofit setting. As long as there is no license restriction prohibiting use of any portion of a work, you can be fairly confident in using someone else’s work to critique, teach, or research a topic, usually if you are not taking the entirety of their work or affecting the market value for that creator or publisher. Even so, there always exceptions. Follow case law on fair use to keep up-to-date on the latest rulings, as they are constantly evolving the way we view copyright and intellectual property.
  • THE BASICS OF COPYRIGHT For UT Students
  • The Digital Millennium Copyright Act (DMCA) of 1998 1)Limits the liability of OSPs (online service providers) with regard to illegal activity carried out by individual users 2)Brings copyright regulations up-to-date with new technological capabilities; prohibits the circumvention of technological measures to access copyrighted work Read the full DMCA (1998) here:Read the full DMCA (1998) here: http://www.copyright.gov/legislation/dmca.pdf Harvard has a helpful checklist for computer users:Harvard has a helpful checklist for computer users: http://dmca.harvard.edu/dmca_overview.php
  • Additional Resources •Association of Research Libraries; Center for Social Media, School of Communication, American University; and Program on Information Justice and Intellectual Property, Washington College of Law, American University. Code of Best Practices in Fair Use for Academic and Research Libraries. Washington, D.C.: Association of Research Libraries, 2012. available for download: http://www.arl.org/bm~doc/code-of-best-practices-fair-use.pdf •Urban, Jennifer, and Anthony Falzone. Demystifying Fair Use: The Gift of the Center for Social Media Statements of Best Practices. Social Science Research Network, 2010. available for download: http://papers.ssrn.com/sol3/papers.cfm? abstract_id=2004030 •Georgia K. Harper’s “Copyright Crash Course” http://copyright.lib.utexas.edu/gkhbio2.html For additional information please visit:For additional information please visit: http://libguides.utoledo.edu/oas c
  • Thank you for viewing this presentation! Please exit here to visit our Intellectual Property Portal. send feedback or questions to: lucy.duhon@utoledo.edu This work is licensed under a Creative Commons Attribution- NonCommercial-ShareAlike 3.0 United States License. View again? Press here.