Copyright Issues in Higher Education Joe Hardenbrook Library Instruction Coordinator, Research/Instruction Librarian & Educational Technologist, Millikin University [email_address] Amanda Pippitt Library Access Services Coordinator, Research/Instruction Librarian & Archivist, Millikin University [email_address]

Copyright Issues in Higher Ed Who handles copyright? Important laws and legislation Scenarios involving copyright Resources for additional investigation

Who handles copyright?

Important laws and legislation

Scenarios involving copyright

Resources for additional investigation

Copyright: Who’s in charge? Who handles copyright at your institution? Information Technology, Library, different offices, no one?!?! What policies do you have in place? On your website? How do you handle copyright permissions? How are faculty made aware of these policies? Does anyone monitor CMS for copyright infringements or violations?

Who handles copyright at your institution?

Information Technology, Library, different offices, no one?!?!

What policies do you have in place? On your website?

How do you handle copyright permissions?

How are faculty made aware of these policies?

Does anyone monitor CMS for copyright infringements or violations?

Copyright: What’s protected? Books Articles Ballets Paintings Sculpture Architecture Software Websites Pantomimes Photographs Music Sound Recordings Scribbles Doodles Graffiti X Slogans X Facts X Titles X Simple Phrases X U.S. gov’t works X Ideas Source: Copyright Management Center. (2006). Copyright Quickguide . Indiana University-Purdue University at Indianapolis. Retrieved 7 September 2006, from http://www.copyright.iupui.edu/quickguide.htm . X Names X Domain Names Movies Plays

Laws & Legislation Copyright mentioned in the constitution U.S. Copyright Act 1790, 1909, 1976 Fair use (1976) Sonny Bono Copyright Term Extension Act (1998) Digital Millennium Copyright Act (1998) TEACH Act (2002) – Distance ed. issues

Copyright mentioned in the constitution

U.S. Copyright Act 1790, 1909, 1976

Fair use (1976)

Sonny Bono Copyright Term Extension Act (1998)

Digital Millennium Copyright Act (1998)

TEACH Act (2002) – Distance ed. issues

What makes something copyrighted? U.S. Copyright Act, Section 102(a): Original work of authorship Fixed in a tangible medium of expression now known or later developed Source: U.S. Copyright Office (2006). Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code . Retrieved 7 September 2006, from http://www.copyright.gov/title17/ .

U.S. Copyright Act, Section 102(a):

Original work of authorship

Fixed in a tangible medium of expression now known or later developed

When/How is something copyrighted? Automatic…when you create something original that is “fixed,” it’s copyrighted! Not required to register it with the Copyright Office. Don’t have to use the ©. Assume that almost every work is protected by copyright. Source: Crews, K. (2000). Copyright Essentials for Librarians and Educators . Chicago: American Library Association.

Automatic…when you create something original that is “fixed,” it’s copyrighted!

Not required to register it with the Copyright Office.

Don’t have to use the ©.

Assume that almost every work is protected by copyright.

How long is copyright? Generally, works today are life of author + 70 years. Thanks, Sonny! When do works pass into the public domain? Flowchart of Copyright Length

Generally, works today are life of author + 70 years.

Thanks, Sonny!

When do works pass into the public domain?

Flowchart of Copyright Length

Fair Use Section 107 of the U.S. Copyright Act 4 Factors Purpose – non-profit, educational use Nature – published work, factual, fiction Amount – small quantity, entire work used Effect – significant effect on market? Repeated or long term use?

Section 107 of the U.S. Copyright Act

4 Factors

Purpose – non-profit, educational use

Nature – published work, factual, fiction

Amount – small quantity, entire work used

Effect – significant effect on market? Repeated or long term use?

Digital Millennium Copyright Act Controversial? Too focused on copyright holder? “ Anticircumvention” – illegal to disrupt technological measures designed to protect copyright. Section 512 – Privacy Issues – copyright owners can file a subpoena against ISPs seeking identities of users.

Controversial? Too focused on copyright holder?

“ Anticircumvention” – illegal to disrupt technological measures designed to protect copyright.

Section 512 – Privacy Issues – copyright owners can file a subpoena against ISPs seeking identities of users.

TEACH Act Technology, Education and Copyright Harmonization Act Guidelines on the transmission of digital materials to distance ed students Not as broad as “fair use” Technological requirements – limited access, limited time, restricted dissemination Sample Checklist (No. Carolina St. Univ.)

Technology, Education and Copyright Harmonization Act

Guidelines on the transmission of digital materials to distance ed students

Not as broad as “fair use”

Technological requirements – limited access, limited time, restricted dissemination

Sample Checklist (No. Carolina St. Univ.)

Scenario #1: Question Professor Smith reads an article on The Chronicle of Higher Education website about faculty salaries. She copies and pastes the article into her e-mail and forwards to the entire faculty. Copyright violation?

Professor Smith reads an article on The Chronicle of Higher Education website about faculty salaries.

She copies and pastes the article into her e-mail and forwards to the entire faculty.

Copyright violation?

Scenario #1: Answer…Yes She copied the article and sent it out without copyright owner’s permission. Instead, send out small excerpt or a link to the article. Or see if the institution has a site license with The Chronicle . Example: http://chronicle.com/help/copyright.htm

She copied the article and sent it out without copyright owner’s permission.

Instead, send out small excerpt or a link to the article.

Or see if the institution has a site license with The Chronicle .

Example: http://chronicle.com/help/copyright.htm

Scenario #2: Question Student group on campus has a “Movie Night” and shows some DVDs. Acceptable / Not Acceptable???

Student group on campus has a “Movie Night” and shows some DVDs.

Acceptable / Not Acceptable???

Scenario #2: Answer…Need more info Did the student group show a copy of the movie with “public performance rights”?…if so, then OK! If not, copyright was violated. To qualify for “fair use” it must be in a regularly scheduled class, no admission charge, during class time, with instructor & enrolled students ONLY.

Did the student group show a copy of the movie with “public performance rights”?…if so, then OK!

If not, copyright was violated.

To qualify for “fair use” it must be in a regularly scheduled class, no admission charge, during class time, with instructor & enrolled students ONLY.

Scenario #3: Question Professor Jones wants to post a journal article in Blackboard. Is this OK?

Professor Jones wants to post a journal article in Blackboard.

Is this OK?

Scenario #3: Answer…It Depends Continued use may affect the market However, it’s being used for educational purposes. Access restricted to students. Alternative #1: use an electronic reserve system if available. Alternative #2: Library’s databases may have access. Link to the persistent URL. Source: Copyright Management Center. (2006). Common Scenarios of Fair Use Issues: Posting Materials on Course Management Systems . Indiana University-Purdue University at Indianapolis. Retrieved 7 September 2006, from http://www.copyright.iupui.edu/fuscenarios.htm .

Continued use may affect the market

However, it’s being used for educational purposes. Access restricted to students.

Alternative #1: use an electronic reserve system if available.

Alternative #2: Library’s databases may have access. Link to the persistent URL.

Scenario #4: Question Professor Smith goes to Blockbuster to rent Pride & Prejudice to show in his English Lit class. Is this a violation of copyright?

Professor Smith goes to Blockbuster to rent Pride & Prejudice to show in his English Lit class.

Is this a violation of copyright?

Scenario #4: Answer…It’s OK! Why? Qualifies under Section 110 of the U.S. Copyright Act – face to face teaching in the classroom, regularly scheduled class, only enrolled students, DVD was a lawful copy, etc… Source: Russell, C. (Ed.). (2004). Complete Copyright: An Everyday Guide for Librarians . Chicago: American Library Association.

Why?

Qualifies under Section 110 of the U.S. Copyright Act – face to face teaching in the classroom, regularly scheduled class, only enrolled students, DVD was a lawful copy, etc…

Scenario #5: Question Professor Jones is teaching a online class, “Media & Society,” using a CMS. She wants to show a clip from the local television news about a murder. Can she do this without violating copyright/TEACH Act?

Professor Jones is teaching a online class, “Media & Society,” using a CMS.

She wants to show a clip from the local television news about a murder.

Can she do this without violating copyright/TEACH Act?

Scenario #5: Answer….Hmm? A short clip as opposed to the entire broadcast tips it to fair use. It’s a factual news story, not a dramatic work…again, in favor of fair use. If the TV station offers copies for purchase, this would be the preferred route. Clip should only be displayed for a limited time, only to enrolled students. – TEACH Act. Converting analog to digital is OK—as long as no digital copy is available at the institution, and it it’s limited to the appropriate amount.

A short clip as opposed to the entire broadcast tips it to fair use.

It’s a factual news story, not a dramatic work…again, in favor of fair use.

If the TV station offers copies for purchase, this would be the preferred route.

Clip should only be displayed for a limited time, only to enrolled students. – TEACH Act.

Converting analog to digital is OK—as long as no digital copy is available at the institution, and it it’s limited to the appropriate amount.

Scenario #6: Question Student in your class finds an image on the Web that she wants to use in a web design project. The image is copyrighted, but she manipulates it with Photoshop. Is this a violation of copyright?

Student in your class finds an image on the Web that she wants to use in a web design project.

The image is copyrighted, but she manipulates it with Photoshop.

Is this a violation of copyright?

Scenario #6: Answer…Maybe? There are no explicit guidelines on what types of changes she would have to make to consider it “original.” People do this all the time. Does that make it OK? Source: Russell, C. (Ed.). (2004). Complete Copyright: An Everyday Guide for Librarians . Chicago: American Library Association.

There are no explicit guidelines on what types of changes she would have to make to consider it “original.”

People do this all the time.

Does that make it OK?

Resources United States Copyright Office http://www.copyright.gov/ Copyright Clearance Center http://www.copyright.com/ IUPUI Copyright Management Center http://www.copyright.iupui.edu/ NCSU Scholarly Communication Center http://www.lib.ncsu.edu/scc/main.html

United States Copyright Office

http://www.copyright.gov/

Copyright Clearance Center

http://www.copyright.com/

IUPUI Copyright Management Center

http://www.copyright.iupui.edu/

NCSU Scholarly Communication Center

http://www.lib.ncsu.edu/scc/main.html

Copyright Issues in Higher Ed This presentation is not copyrighted and may be freely distributed with attribution given to the authors.

This presentation is not copyrighted and may be freely distributed with attribution given to the authors.