Copyright Issues in Higher Education
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Copyright Issues in Higher Education

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  • 1. Copyright Issues in Higher Education Joe Hardenbrook Library Instruction Coordinator, Research/Instruction Librarian & Educational Technologist, Millikin University jhardenbrook@millikin.edu Amanda PippittLibrary Access Services Coordinator, Research/Instruction Librarian & Archivist, Millikin University apippitt@millikin.edu
  • 2. Copyright Issues in Higher Ed  Who handles copyright?  Important laws and legislation  Scenarios involving copyright  Resources for additional investigation
  • 3. 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?
  • 4. Copyright: What’s protected? X Domain Names Scribbles GraffitiBooks X Simple Phrases X TitlesDoodles Movies Articles Music X Ideas Photographs X Facts Sound RecordingsBallets Software Plays X U.S. gov’t worksSculpture X Slogans Architecture Paintings Websites Pantomimes X NamesSource: Copyright Management Center. (2006). Copyright Quickguide. Indiana University-Purdue University atIndianapolis. Retrieved 7 September 2006, from http://www.copyright.iupui.edu/quickguide.htm.
  • 5. 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
  • 6. What makes somethingcopyrighted?  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/.
  • 7. When/How is somethingcopyrighted?  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.
  • 8. 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
  • 9. 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?
  • 10. 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.
  • 11. 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.)
  • 12. 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?
  • 13. 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
  • 14. Scenario #2: Question  Student group on campus has a “Movie Night” and shows some DVDs.  Acceptable / Not Acceptable???
  • 15. Scenario #2: Answer…Needmore 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.
  • 16. Scenario #3: Question  Professor Jones wants to post a journal article in Blackboard.  Is this OK?
  • 17. 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 CourseManagement Systems. Indiana University-Purdue University at Indianapolis. Retrieved 7 September 2006, fromhttp://www.copyright.iupui.edu/fuscenarios.htm.
  • 18. 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?
  • 19. 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.
  • 20. 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?
  • 21. 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.
  • 22. 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?
  • 23. 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.
  • 24. 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
  • 25. Copyright Issues in Higher Ed  This presentation is not copyrighted and may be freely distributed with attribution given to the authors.