Copyright Basics (from non-lawyers!)Slides compiled with help from David Gwynn, Digital Projects Coordinator, University Libraries
What rights does copyright grant?• Right to reproduce the work• Right to prepare derivative works• Right to distribute copies• Right of public performance• Right of public display
Classroom use: What’s OK?Almost anything, if it is:• Part of the instructional program• Shown only by students and instructors to students and instructors • In a physical classroom/education space • Students and instructors are in physical proximity• A legitimate, legal copy with copyright notice intact• Not used for entertainment or recreation
Can I record off TV?• Yes, but all the previously-mentioned conditions must be met.• Video must be shown within ten days of broadcast and destroyed within 45 days.• Face-to-face classroom use only.
What’s not OK?• “Ripping” a video or using any other technology for circumventing copy protection• Creating a digital backup copy of an analog video (VHS, for example) if a digital copy is available for purchase.• See Digital Media Copyright Act 1998 http://www.copyright.gov/legislation/dmca.pdf
How about distance & online classes?TEACH Act (2002) permits digital transmission if:• Integral part of a single, typical class session.• Part of systematic, mediated instructional activity.• At the direction of or under the actual supervision of the instructor.
How about distance & online classes, con’t But there are limits: • Fair use (“reasonable and limited portions”) • Must be a legally-acquired copy (no “ripping” or circumvention of DRM) • Transmission limited to students & educators • Preclude retention of a usable copy as far as possible (streamed vs. downloadable)
What are the penalties?• Actual damages• Profits• Statutory damages• Costs and attorney fees• Criminal liability• DMCA civil and criminal liability
Scenario #1a & b: I want to record my own video and use in a presentation…. can I?I want to digitize and use my parents video of protest march from the 1970s… can I? @ danny.hammontree [CC BY-NC-ND 2.0] http://www.flickr.com/photos/50016673@N00/18023812/
Scenario #2How can I use material from an episode of NOVA that I recorded last year in a presentation for class?
Scenario #3Can I use parts of a ripped DVD for a project? @john_a_ward [CC BY 2.0] http://www.flickr.com/photos/33624275@N00/313252221/
Scenario #4Can I use a bootleg audio track from a Drive ByTruckers show for my class?@Trucker _Dan [CC BY-ND 2.0] http://www.flickr.com/photos/60236532@N07/8221650941/