A Quick Introduction to Copyright


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A presentation by Claire Stewart, covering copyrightability, fair use, publishing copyright, written for and aimed at a graduate student audience. Delivered in November, 2011.

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A Quick Introduction to Copyright

  1. 1. Copyright in tenminutes or less in
  2. 2. What will you create and produce? What is copyright?How do you know when you can use someone elses work? What copyrights will you control?
  3. 3. What is copyright?• What qualifies for protection and when?• What are these "copy" "rights" ?• How long do they last?• Limitations and exceptions
  4. 4. What qualifies and when? • Copyright protects creative expression of an idea, not the idea itself • Factual information does not qualify (historical facts, statistics, telephone numbers, etc.) • Must be fixed in some medium; electronic media qualifies: email, PowerPoint, MSWord, etc . • As soon as its fixed, it is copyrighted (by the creator)
  5. 5. What are these “copy” “rights”?Exclusive rights to … In plan EnglishReproduce Make copiesDistribute Sell, give away at conferences, give to your students, make available for downloading on your web siteCreate derivative works Make new work from an existing work, screenplay from novel, new presentation based on an old presentation, translationDisplay the work publicly Hang a painting in a galleryPerform the work publicly Theatrical performance, musical performance
  6. 6. A few basic things to remember• Copyright lasts for life of the author + 70 years (but it was not always thus ... rules have changed over the years)• If you create it, you own the copyright. You do not have to include a notice or register your copyright, but for more formal works, this is not a bad idea. (U.S. Copyright Office help ... here again, rules have changed over the years)• You can unbundle your rights, you can transfer your rights• You can share copyright: works of joint authorship• Works for hire: things you produce as part of your regular employment
  7. 7. (back to U.S. Copyright Law)Limitations and exceptions • Only the first sale of a copy is under copyright holders control (109) • Exception for classroom teaching (110) • Exceptions for libraries to make copies (108) • Fair use (107)
  8. 8. What are the rules about incorporatingworks created by others?1. Is it still under copyright? if yes then...2. Does an exception (fair use?) apply? if no, then ... you need to request permissionNightmare scenario: your publisher wont include scans in yourbook without a signed copyright agreement form ... what do youdo?
  9. 9. Northwesterns copyright policy"the members of the Northwestern University AcademicCommunity shall own in their individual capacity the copyrightto all copyrightable works they create at the University resultingfrom their research, teaching, artistic creativity, or writing."• Required to make best effort to grant NU a license to use the material for "reasonable academic or research purposes of the University"• Stronger claim for instructional materials, University retains right to use• Specific rules about software, patent-related copyrights, things in which the university has invested extraordinary resources• Classifies administrative documents as works for hire http://www.invo.northwestern.edu/policies/copyright-policy
  10. 10. Your dissertation ProQuest provides a list of things for which they like to see permissions: • Very long quotations • Reproduced publications (survey instruments, journal articles, etc.) • Unpublished works • Substantial chunks of o Poetry & lyrics o Dialogue from dramatic workhttp://dissertations.umi.com/northwestern/ o Music o Graphical works • Software developed by someone else
  11. 11. Your dissertation Standard agreement with ProQuest is a license
  12. 12. Contracts: terms you may encounter • Transfer of all rights in perpetuity • License of certain rights on a nonexclusive basis • Self-archiving restrictions* o only the pre-peer review copy o you have to wait X months before you can use the publisher PDF o only if mandated by a funder • You can participate in our open access program if you pay an additional author fee*self-archiving: posting your work on your web page or depositing it in an institutional or adisciplinary repository
  13. 13. Author addenda• CIC Author Addendum http://www.northwestern.edu/provost/about/announcements/cic.html o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern Faculty o Key features:  Author has non-exclusive rights to his/her work for academic purposes  After 6 months, can make full use of publishers copy  Author has right to grant employing institution rights of reproduction, distribution, display, etc.• Other addenda: o Scholarly Publishing & Academic Resources Coalition (SPARC) o Science Commons addenda generator o Directory of addenda, Open Access Directory
  14. 14. Photo creditsSlide: What qualifies and when?Writing (http://www.flickr.com/photos/anotherphotograph/2276607037/) / Tony Hall(http://www.flickr.com/photos/anotherphotograph/) / CC BY-NC-SA 2.0(http://creativecommons.org/licenses/by-nc-sa/2.0/)
  15. 15. Copyright © 2011, Claire Stewart