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TFDN 2010 Copyright and copywrong

TFDN 2010 Copyright and copywrong






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  • The DMCA was enacted in October 1998 primarily to bring U.S. copyright law into conformity with provisions of two World Intellectual Property Organization treaties to which the U.S. is a signatory. --- prohibits devices designed to circumvent digital anti-copying protections.
  • Kinko's' practice of unauthorized photocopying of multiple-page excerpts from copyrighted works (including chapters of books and articles from periodicals) to create anthologies (coursepacks) for sale to students for a profit violated the publishers' copyrights. The copyrighted works infringed by Kinko's included hardback and paperback editions of in-print and out-of-print trade and professional works as well as text- books. The copied materials ranged in length from 14 to 110 pages and from 5% to 24% of the works.
  • Amount is measured both quantitatively and qualitatively. No exact measures of allowable quantity exist in the law.Guidelines exist – from Congress.
  • This factor means fundamentally that if you make a use for which a purchase of an original theoretically should have occurred—regardless of your personal willingness or ability to pay for such purchase—then this factor may weigh against fair use. "Effect" is closely linked to "purpose." If your purpose is research or scholarship, market effect may be difficult to prove. If your purpose is commercial, then adverse market effect is often presumed. Occasional quotations or photocopies may have no adverse market effects, but reproductions of software and videotapes can make direct inroads on the potential markets for those works.
  • Oxford University Press, Cambridge University Press and SAGE Publications and supported by the Association of American Publishers (AAP), charges that GSU officials were violating the law by systematically enabling professors to provide students with digital copies of copyrighted course readings published by the plaintiffs and numerous other publishers without those publishers’ authorization. The lawsuit seeks injunctive relief to bring an end to such practices, but does not seek monetary damages.

TFDN 2010 Copyright and copywrong TFDN 2010 Copyright and copywrong Presentation Transcript

  • TFDN 2010
    Copyright and Copywrong
    Christine Salmon, PhD
    Office of Educational Enhancement
    The University of Texas at Dallas
  • Objectives
    Define copyright
    Identify copyright infringement
    Evaluate materials for Fair Use
  • Copyright!
    Source: www.cartoonstock.com
  • Copyright – What do you know?
    Is it infringement?
    One of your students creates a video play for your class. In the play, a character sings Happy Birthday (7).
  • Copyright – What do you know?
    Is it infringement?
    Your department has purchased a DVD for use in the classroom. You make a copy to ensure that if the DVD is lost or broken, you have a backup.
  • Copyright – the Law
    Copyright Act of 1790
    Copyright Act of 1909 (before 1909)
    Copyright Act of 1909 (amended 1973)
    Copyright Act of 1976
  • Copyright – the Law
    U.S. Code (17 USC, section 106 - 1976)
    Digital Millennium Copyright Act (1998)
    Technology, Education, and Copyright Harmonization (TEACH) Act (2002)
    Comparison of above - http://www.unc.edu/~unclng/TEACH.htm
    Federal Educational Rights & Privacy Act (FERPA)
  • Copyright?
  • Copyright?
  • Copyright – What is it?
    Intellectual property protection for “…original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”
    Copyright Law of the United States (Ch 1, p8)
  • Copyright holders – exclusive rights to:
    Copyright – What is it?
  • Copyright – When does it start?
    Does not require publication
    Does not require ©
    Does not require registration
    As soon as work is fixed
    Creative Commonshttp://www.creativecommons.org
  • Copyright – What is protected?
    Literary works
    Pictorial, graphic and sculptural works
    Motion pictures
    Audiovisual works
    Sound recordings
  • Copyright – What is not protected?
    Ideas not in fixed form
    Works produced by federal government employees
  • Copyright – What is it?
    Non-dramatic literary or musical work
    (excludes audiovisual works)
    Work uses dialogue and action to tell a connected story
    Work is “related” - not performed.
    • novel
    • essay
    • poetry / poem
    • short story
    • symphony
    • stage play
    • theatre piece
    • music video
    • opera
    • musical
  • Copyright – How long is it?
    Life of author
    plus 70 years
    Created on /after January 1, 1978
    Made for hire, anonymous
    Public domain – no copyright
    95 years from date of publication or 120 years from date of creation, whichever is shorter
  • Copyright – What do you know?
    Is it infringement?
    Your students are struggling with a written assignment. You find an old paper from a student last year and photocopy it to show students a good example. You make sure to remove the student’s name and any grading marks.(10)
  • Copyright - Lawsuits
    “Kinko’s case” Basic Books, Inc. v. Kinko's Graphics Corporation, 758 F. Supp. 1522 (SDNY 1991)
    Kinko’s had copied materials representing 5 – 24% of works
    Did not prohibit coursepacks
    Did prohibit unlawful reproduction and sale of coursepacks – without copyright permissions
  • Copyright – Lawsuits almost
    AAP (American Association of Publishers) – Cornell, Hofstra, Syracuse, Marquette Universities
    Concern with manner of providing copyrighted materials in digital format (e-reserves, faculty webpages, CMS)
    Resolved with jointly-drafted guidelines
    Cornell’s Guidelines
  • Fair Use – Four Factors
    Why are you using this work?
    What is the nature of the work?
    How much are you using?
    What is the effect on the market?
  • Fair Use - Purpose
    Seek Permission
    News reporting
    Parody / satire
    Fair Use
  • Fair Use - Nature
    Seek Permission
    Mix of fact
    and imaginative
    Fair Use
  • Fair Use - Amount
    Seek Permission
    Entire work
    Small amount
    Fair Use
  • Fair Use - Effect
    Seek Permission
    Harms the sale
    Are reasonably priced
    No effect on market
    Fair Use
  • Copyright - Lawsuits
    “Georgia State University case” – several publishers (2008)
    GSU “pervasive, flagrant and ongoing” distribution of copyrighted materials in digital form
    Electronic reserves, Blackboard/WebCT, online syllabi, servers
    Seeking injunction to stop, but no money
  • Copyright – Fair Use
    Mediated instructional activities:
    Integral part of class
    Under supervision/control of instructor
    In a manner analagous to performance/display in live, F2F classroom (digital)*
  • TEACH Act – Additional Reqs
    Download controls
    Guide to the TEACH Act (University System of Georgia)
  • Copyright – What do you know?
    Is it infringement?
    You’re teaching Sociology and you have a chapter from an old textbook that you want your students to read. You photocopy it and hand it out in class. You decide to use it every semester. (1)
  • Classroom Copying - Guidelines
    Multiple copies allowed (no more than per student) provided that copying:
    Meets test of brevity and spontaneity
    Meets test of cumulative effect
    Contains copyright notice
    Limits on amount copiable
    Time requirements
    Limits on instances of copying
  • Copyright – Printed Materials
    Reproducing printed materials for use inclass:
    A book chapter
    An article from periodical or newspaper
    A short story, short essay, short poem
    A graph, diagram, chart, cartoon, drawing, picture from a book, newspaper, periodical
    Mediated instructional activities:
    • Integral part of class
    • Under supervision/control of instructor
    • In a manner analagous to performance/ display in live, F2F classroom
    Next 14 slides drawn from: Stanford University Copyright and Fair Use Overview
  • BUT
    Copyright notice must be attached (each item)
    Copying must NOT replace textbook, workbook
    Must not charge more than actual cost of copying
    Must not exceed one copy per student
    Cannot copy texts, workbooks, standardized tests, etc created for educational use (consumables)
  • AND (Brevity test)
    Complete poem IF < 250 words
    Excerpt of no more than 250 (if longer poem)
    Complete article, essay, story IF < 2500 words
    Excerpt from prose of no more than 1000 words or 10% of entire work, whichever is less
    One (1) graph, diagram, chart, cartoon, drawing, picture per book, newspaper, periodical
  • AND (Spontaneity test)
    Idea for copying derives from teacher, not administration
    Idea and copying must occur close in time – so close that no time for permission request and granting
  • AND (Cumulative Effect test)
    Per class term restrictions – all of above, plus
    Per author
    One story, short poem, article, essay
    Two excepts
    Per collective work, periodical volume
    No more than three stories, short poems, articles, essays (or combination)
    Only nine (9) instances per course
  • Copyright – Music
    Reproducing musicfor use inclass:
    Excerpts of sheet music, printed works IF
    Do NOT make a “performable unit” (entire song, section, movement, aria)
    Do NOT exceed 10% of entire work
    Do NOT exceed one copy per student
    Purchased copies can be edited IF fundamental character of work NOT distorted or lyrics altered
    Image from http://levysheetmusic.mse.jhu.edu/levy-browse.html
  • AND
    Recording of a performance
    Single (1) recording for purposes of evaluation or rehearsal
    Institution or teacher can retain a (1) copy
    Sound recording owned by institution or teacher (tape, CD, cassette)
    Single copy IF for aural exercises, exams
    Institution or teacher can retain a (1) copy
    Must include copyright notice
  • BUT
    Instructor CANNOT copy:
    Sheet music, recordings to make compilation
    Sheet music, recordings for performances
    From “consumables” (texts, workbooks, etc.)
  • Copyright – What do you know?
    Is it infringement?
    You record a program from PBS’s Nova in October and show it to your class the next March. (3)
  • Copyright - Television
    Recording network shows:
    Keep copy for 45 days BUT use for instruction only first 10 days
    Played once by individual teacher for instruction
    After 10 days, use only for teacher evaluation (should we use it in curriculum? Yes – MUST obtain permission)
    After 45 days, recording MUST be erased
  • AND
    Recorded only at request of instructor
    Used only by instructor
    No standing requests; no anticipated requests
    Copies only for individual instructor
    NO compilation
    Must include copyright notice
  • Copyright – Digital Images
    Can digitize an analog image IF digital image not available at fair price
    Can display for lectures, scholarly presentations
    Institution can compile digitized images on secure network for students enrolled in class for review or directed study.
    Must include statement prohibiting: downloading, copying, retention, printing, sharing, modification
  • Copyright – Digital
    CANNOT reproduce or publish images in publications (incl. scholarly publications)
  • Copyright – Multimedia
    Students, instructors preparing MM works:
    MM = combination of music, text, graphics, illustrations, photographs, images, video
    For F2F instruction, directed self-study, remote instruction
    Only systematic learning activities at no-profit educational institutions
    Can use MM presentation up to 2 yrs after 1st use

  • Copyright – Multimedia
    Portion restrictions (cumulativeeffecttest):
    10% or 1000 words (whichever is less)
    No more than 3 poems by single author
    No more than 5 poems by different poets in an anthology
    Up to 10% or 3 minutes of motion media
    One (1) photo/illustration by single artist
    No more than 10% or 15 images (whichever is less) from collective work
  • Copyright – Multimedia
    Portion restrictions:
    10% or 2,500 cell entries from database or data table
    Other restrictions:
    Only 2 copies of MM project, one of which can be on reserve
    Additional 1 copy for preservation (used only to replace stolen, lost, damaged original)
  • Copyright Resources
    TEACH Act Toolkit(North Carolina State University)http://www.provost.ncsu.edu/copyright/toolkit/
    UT System Crash Course in Copyright http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top
    UT System Intellectual Property Policyhttp://www.utsystem.edu/ogc/intellectualproperty/2xii.htm
    AAP (Association of American Publishers) Copyright - Rights and Permissions http://www.publishers.org/main/Copyright/copyPermission_01.htm?id=20
    Reproduction of Copyrighted Works by Educators and Librarians http://www.copyright.gov/circs/circ21.pdf