Sarah Morehouse
Librarian, Empire State College
 The librarians can direct you to
copyright information
resources, such as where to look
up the copyright owner of a cert...
 A fact or idea can’t be copyrighted
 What can be copyrighted is the
unique expression of facts and
ideas
 some element...
 The work doesn’t need to be
published or registered anywhere
 It’s copyrighted as soon as it’s
“fixed in a tangible med...
 The right to make copies
 The right to distribute copies
 for profit or not

 The right to make derivative works
and ...
 Sequels, spinoffs, supplemental
materials, translations, adaptatio
ns, revisions, conversions to a
new format
 In many countries (not the US)
copyright is tightly linked to moral
rights.
 Moral rights are the right to control
 Wh...
Mentoring.Center@esc.edu
 The country where the work was
published, not the country that
you’re in!
 If a work is in the public
domain, copyright no longer
applies to it.
 You don’t need to ask permission to
copy/remix i...
 Most works fall into the public
domain because they have reached
a certain age
 Authored works: add 70 years to the
author’s death date
 Anonymous and corporate works: add 95
years to publication dat...
 Affects most of the world, including the
European Union
 Minimum Life Plus 50, Creation Plus 90
 Usually Life Plus 70,...
 Use this tool to find out whether a
certain work is still under
copyright: http://bit.ly/168N10f
Mentoring.Center@esc.edu
 US only!
 Fair Use exists to promote kinds of
use that the law considers
beneficial to society.
 Using Fair Use is goo...
 Purpose of the use
 Good:
education, research, scholarship, criticism
, commentary, news reporting, a single
copy for p...
 You can use this worksheet to
determine if what you want to do
is Fair Use: http://bit.ly/12LxKQY
 Keep a copy as docum...
 Unique to the United States.
 Canada has something very similar
called Fair Dealing.
 Many, but not all WIPO members
h...
 Canada only
 Almost exactly like Fair Use, except
the four factors aren’t treated
equally.
 First, the use must be str...
Mentoring.Center@esc.edu
 US only!
 Face-to-face classroom only
 Educational purposes only
 No extra-curricular activities
 No faculty
develop...
 NO exemption for performance or
display in the face-to-face
classroom.
 It is ok to perform or display a
work for strictly
educational, strictly noncommercial purposes, as long as
no members o...
 It is ok to perform or display
certain kinds of works for strictly
educational, strictly noncommercial use in the
classr...
Mentoring.Center@esc.edu
 ESC is now TEACH Act compliant!
 It acts like the Educational Use
exemption, but for online courses
 We’re a US university
 Our servers are on US soil
 So… when we’re posting content
inside the confines of the LMS
(Mood...
 The Berne Convention/treaties
allow for the possibility of the
TEACH Act but none of the other
countries we work in have...
 Images, audio and video!
 This is not a way to distribute readings.

 It has to be inside the LMS. No
external web sit...
Mentoring.Center@esc.edu
 The library signs license
agreements in order to subscribe
to information resources
 Those license agreements allow
acc...
 Getting permission is synonymous
with getting a license
 There is no exact wording or
format, but you need to get it in...
 Expect this to take time – maybe
even several months
 Sometimes there will be an online
form to fill out. Other times, ...
 Instructions for identifying and
locating the copyright owner
 A sample letter with a license for
them to fill out
 ht...
 Permission to use published
articles and books generally costs
about 35 cents per page per
student.
 Permission to use ...
Mentoring.Center@esc.edu
 Our LMS is in the US so
theoretically, US law is what would
be used if somebody wanted to
take down content.
 This is based on international
treaties.
 Prohibits attempting to break or
bypass either access controls or
copy protec...
 Protects the college from liability if
faculty, staff or students infringe
copyright
 The individual faculty, staff and...
 If you have infringing material in a
course, web site, blog, etc. then
the copyright owner or their
designee can send a ...
 You have the right to issue a
counterclaim and put your
course/page/blog back up as
is, but if you do so, the copyright
...
Mentoring.Center@esc.edu
http://www.esc.edu/copyright
Copyright road show for ip
Copyright road show for ip
Copyright road show for ip
Copyright road show for ip
Copyright road show for ip
Copyright road show for ip
Copyright road show for ip
Copyright road show for ip
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Copyright road show for ip

  1. 1. Sarah Morehouse Librarian, Empire State College
  2. 2.  The librarians can direct you to copyright information resources, such as where to look up the copyright owner of a certain work or how to determine if something is fair use or public domain.  We can’t get permission/licenses for you  Above all, we can’t give legal advice!
  3. 3.  A fact or idea can’t be copyrighted  What can be copyrighted is the unique expression of facts and ideas  some element of creativity, analysis, interpretation, organiz ation from the author
  4. 4.  The work doesn’t need to be published or registered anywhere  It’s copyrighted as soon as it’s “fixed in a tangible medium of expression”  On paper, film/tape, in stone  In any digital format, including email and blogs  Sculpted into ice? Written on a chalkboard?  What matters is that there’s a means of transmitting the information from one person to another across time and space
  5. 5.  The right to make copies  The right to distribute copies  for profit or not  The right to make derivative works and make copies of them and distribute them  The right to assign the copyright to someone else  A license  A transfer
  6. 6.  Sequels, spinoffs, supplemental materials, translations, adaptatio ns, revisions, conversions to a new format
  7. 7.  In many countries (not the US) copyright is tightly linked to moral rights.  Moral rights are the right to control  When and how the content is released to the public  How it is used (for example, using it to smear the author or to say something contradictory to what the author believes)
  8. 8. Mentoring.Center@esc.edu
  9. 9.  The country where the work was published, not the country that you’re in!
  10. 10.  If a work is in the public domain, copyright no longer applies to it.  You don’t need to ask permission to copy/remix it  You don’t need to pay royalties
  11. 11.  Most works fall into the public domain because they have reached a certain age
  12. 12.  Authored works: add 70 years to the author’s death date  Anonymous and corporate works: add 95 years to publication date  Unpublished anonymous/corporate works: add 120 years to creation date  Used to be shorter  Different for non-US publications  Publications of the federal government are put immediately into the public domain
  13. 13.  Affects most of the world, including the European Union  Minimum Life Plus 50, Creation Plus 90  Usually Life Plus 70, Creation Plus 120
  14. 14.  Use this tool to find out whether a certain work is still under copyright: http://bit.ly/168N10f
  15. 15. Mentoring.Center@esc.edu
  16. 16.  US only!  Fair Use exists to promote kinds of use that the law considers beneficial to society.  Using Fair Use is good!  Fair Use is a legal defense. It basically means “The infringement met the criteria, so there’s no penalty.”  Those criteria are called the four factors.
  17. 17.  Purpose of the use  Good: education, research, scholarship, criticism , commentary, news reporting, a single copy for personal use, transformative works  Bad: anything else, including art and creativity  Nature and character of the work being used  Good: published works, non-fiction  Not so good: unpublished works, creative works  Amount and substantiality of the portion used  Good: a tiny amount  Not so good: more than you need  VERY BAD: all of the work; the “heart and soul” of the work  Effect on the market for the original work and derivative works  Good: none  VERY BAD: any
  18. 18.  You can use this worksheet to determine if what you want to do is Fair Use: http://bit.ly/12LxKQY  Keep a copy as documentation
  19. 19.  Unique to the United States.  Canada has something very similar called Fair Dealing.  Many, but not all WIPO members have limited equivalents.
  20. 20.  Canada only  Almost exactly like Fair Use, except the four factors aren’t treated equally.  First, the use must be strictly for education, research, criticism, com mentary, news reporting, satire, or parody.  THEN if it passes the first test, you can apply the other tests.
  21. 21. Mentoring.Center@esc.edu
  22. 22.  US only!  Face-to-face classroom only  Educational purposes only  No extra-curricular activities  No faculty development, conferences, meetings, etc.  No handouts!  Allows performance and display of copyrighted works      Images, art Documentaries Movies and TV Music Dramatic performances  You can show whole works, but you should only show what you need
  23. 23.  NO exemption for performance or display in the face-to-face classroom.
  24. 24.  It is ok to perform or display a work for strictly educational, strictly noncommercial purposes, as long as no members of the public are admitted.
  25. 25.  It is ok to perform or display certain kinds of works for strictly educational, strictly noncommercial use in the classroom, as long as the public is not admitted.  Audio recordings, images, and live broadcasts are ok.  BUT you can’t play audiovideo recordings.
  26. 26. Mentoring.Center@esc.edu
  27. 27.  ESC is now TEACH Act compliant!  It acts like the Educational Use exemption, but for online courses
  28. 28.  We’re a US university  Our servers are on US soil  So… when we’re posting content inside the confines of the LMS (Moodle) can we follow US copyright law???  I sure hope so, or else this is going to be chaos.  Until I can get a straight answer from college counsel, this is entirely up to your judgment and discretion.
  29. 29.  The Berne Convention/treaties allow for the possibility of the TEACH Act but none of the other countries we work in have implemented it.
  30. 30.  Images, audio and video!  This is not a way to distribute readings.  It has to be inside the LMS. No external web sites or Web 2.0 tools  You have to clearly mark or caption it  State that it’s copyrighted  Attribute the original source  If it’s a fictional or dramatic work, keep it to a minimum. If it’s a non-fictional work, you can use the whole thing.  It can’t be pirated, bootlegged, etc. It has to be a legal copy, legally obtained.  It’s ok to digitize physical media that you own, but only if there isn’t a born-digital version to buy or subscribe to.
  31. 31. Mentoring.Center@esc.edu
  32. 32.  The library signs license agreements in order to subscribe to information resources  Those license agreements allow access but also have restrictions:  They prohibit us from allowing access to alumni, emeritus professors, or students or faculty of other colleges  Some allow uploading their content to the LMS; many do not
  33. 33.  Getting permission is synonymous with getting a license  There is no exact wording or format, but you need to get it in writing. Document everything!  If you can’t find the copyright owner, you can’t get permission. It’s not ok to use the work anyway.
  34. 34.  Expect this to take time – maybe even several months  Sometimes there will be an online form to fill out. Other times, you will need to send a letter  Use email or mail, whichever seems more likely to get an answer  Be specific:  Which work are you using? How much? Which parts?  What are you using it for? (EDUCATION!)  For how long?  How big is the potential audience?  How are you protecting it?
  35. 35.  Instructions for identifying and locating the copyright owner  A sample letter with a license for them to fill out  http://bit.ly/15J0H1Q
  36. 36.  Permission to use published articles and books generally costs about 35 cents per page per student.  Permission to use big media (movie, TV and music industry) tends to be expensive.  Things produced for the educational market (textbooks, workbooks, educationa l films) are also very expensive.  Permission to use unpublished web materials is sometimes granted for free because it’s educational.
  37. 37. Mentoring.Center@esc.edu
  38. 38.  Our LMS is in the US so theoretically, US law is what would be used if somebody wanted to take down content.
  39. 39.  This is based on international treaties.  Prohibits attempting to break or bypass either access controls or copy protection.  Even if it would otherwise be legal to make a copy (fair use) you can’t break in to do it!  There are a few exemptions that allow breaking/bypassing copy protection  Making ebooks accessible for blind people  Film studies professors can make compilations of clips  There are no exemptions that allow breaking/bypassing access controls
  40. 40.  Protects the college from liability if faculty, staff or students infringe copyright  The individual faculty, staff and students are not protected from liability  In exchange, the college has to comply with DMCA takedown procedures
  41. 41.  If you have infringing material in a course, web site, blog, etc. then the copyright owner or their designee can send a takedown notice to our copyright agent  Our copyright agent (the VP of OIT) has to remove the content immediately, which in practical terms, means that your site comes down  The law does not allow investigation or notification before the material is taken down.
  42. 42.  You have the right to issue a counterclaim and put your course/page/blog back up as is, but if you do so, the copyright owner has 14 days to file a lawsuit against you in federal court  The safer option is to edit your course/page/blog so that it’s no longer infringing, and then it will be put back up  Contact a lawyer first!
  43. 43. Mentoring.Center@esc.edu
  44. 44. http://www.esc.edu/copyright
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