What should every student know about Finnish copyright legislation? Vesa Linja-aho 2012-12-1012/11/12 Helsinki Metropolia 1
About me Helsinki University of Technology 2003-2009 Lecturer (Circuit Theory and Electronics) and Researcher (Information Theory) Talentum Media 2009-2010 Journalist (Computerworld Finland) Metropolia UAS 2009- Senior Lecturer in Automotive Electronics Interested in improving the quality of teaching and promoting possibilities of new technology and open educational resources.
Intellectual property rights (IPR) Patent Design protection Trademark Copyright
Why are these things difficult and important? It is rather easy to commit a crime accidentally or nearly accidentally. Everyone knows that it is illegal to kill a person, burn someone’s house or steal a lollipop from grocery store. But do you know: Is it legal to copy a textbook? Is it legal to add a photo a diagram by someone else to your own bachelor’s thesis? The criminal punishment is usually negligible compared to the compensations. In the internet age, it is amazingly easy to make copies of stuff.
The legislation is rather new When I was kid, Copying of computer programs at home was completely legal. Downloading music was completely legal. Only the guy who put it in the internet was criminal.
Brief history In contrary to popular belief, the copyright law has nothing to do with the invention of the Gutenberg printing press. Even in ancient Rome, copier slaves produced copies very efficiently. First modern copyright law was set about 270 years after Gutenberg (Statute of Anne 1710) The protection time was 14+14 years!
There is virtually no propaganda for what you can do legally. In the newspapers, you can read about expensive compensations for internet piracy. In school, the children will get leaflets and instructional comics by copyright industry. Why not from weapons or fur industry?
Copyright legislation = balancing Author’s right to get money from his/her work. The industry’s right to make money. The other’s right to utilize the work. Bureaucracy (how hard it is to use someone’s work).
Copyright: the creator’s rights The creator of the original work has exclusive right to Produce new copies from the original work Distribute the original work to the public In addition to the commercial rights, the creator has moral rights: Attribution Respect right Access Classic protection article
Copyright: the user’s rights Showing a published work. For example: put a copy on your wall (not on Facebook wall). Showing is different from presenting it (with a data projector, for example). Citing a published work Parody Referencing Private use
Related Rights (Finnish: Lähioikeudet) Photograph Database Audio or video recording
How to use immaterial stuff by others? Private use Special rights in teaching Citation Use work below threshold of originality Use work with expired copyright. Ask for a permission. In Finland, there is no fair use –concept, like in USA. Parody is also not mentioned in Finnish law, but it is included in EU copyright directive.
Private use You can make private copies of published work. But you can not redistibute them. For example: you can take a book from library, scan it and save it to your computer. Or photocopy it. You can even use third party help to copy it. But you are not allowed to upload it to public internet forum.
Special rights in teaching Teaching = teaching in school or university. Not in private education company. Presetation of published work when teaching. For example: teacher can show book with document camera and data projector. Exception: theatre play and motion picture. Photocopying 20 pages or 50 % of a book or magazine and giving the copies to students. This is from a contract between Ministry of Education and Culture and Kopiosto (copyright agency), not from law.
Unclear How do you define a ”motion picture”? Commercial movies Surveillance camera video? 10 sec, 30 sec, 10 minute video made with mobile phone video camera? Virtually no legal praxis (Copyright Council 1998:6). In practice, risk of getting sued for showing Youtube video on your lesson is minimal (in my opinion). The law is from the age before Youtube (and so are politicians…).
Citation You can cite a published work in the extent required for the purpose. (Copyright Act 22 §) Using a ”citation” to decorate your work or just for fun is not citation!
Image Citation Copyright Act 25 § You can make an image from published work of art and use it in text-associated context in critical or scientific purpose. For example, you can take photo of a statue in your essay concerning that statue. Using picture to decorate your essay or book is not citing.
Use work below the threshold of originality If the piece of work is not original enough, it is not a subject of copyright. The number of hours used to make the work doesn’t make it copyrightable. The originality is what matters. Diagrams, graphs, circuit diagrams, technical illustrations are generally not subjects of copyright http://www.opettajantekijanoikeus.fi/2011/11/selittavat-piirros /
Is this a subject of copyright? http:// www.scribd.com/doc/79088037/Elektroniikan-perusteet-har
Is this a subject of copyright? One spot of green, watered by hidden streams, Makes summer in the desert where it gleams; And mortals, gazing on thy heavenly face, Forget the woes of earth, and share thy dreams! - Florence Van Leer (Earle) Nicholson Coates (1850–1927)
Threshold of Originality If someone else could accomplish the similar output, the work is not copyrightable. The threshold of originality is lower in art than science.
Use work with expired copyright Copyrightable original work: 70 years from the death of the author (died 1941 or earlier). Voice or video recording: 50 years from completing or publishing the recording (1961 or earlier). Ordinary photo: 50 years from making the photograph (1966, because of the transition time in the law) Database or catalog: 15 years publishing (1998) TV or radio transmission: 50 years from last transmission (1961).
Ask for a permission http:// www.posti.fi/postimuseo/images/lehdisto/hahmoterapiaa/fingerporihahm Me on 2012-01-18 9am: ”Can I use this picture as my profile picture in my Facebook group?” Pertti Jarla 2012-01-19 noon: ”Of course you can, thanks for asking!” https:// www.facebook.com/pages/Vesa-opettaa-sinulle-s%C3%A4hk%C3%B6 What is the problem with this approach? Case: Phasor calculus book.
Procedures I have seen Photocopy the book and sell it to students. Illegal and expensive if caught! Legal workarounds: Find more inexpensive book. Use open material. Use same book on more courses. Try to get the school library to buy multiple copies. Put the material on the course web page (was very expensive when caught).
Procedures I have seen Photocopy the book once, put the copy next to the photocopier and let students copy it with their card. Illegal. The legal way: tear the covers off the book and put the pages next to photocopier. The professor ”forgets” a memory stick with ebook in the front desk of the class. It is legal to forget but illegal to ”forget”.
Unclear situations The copyright holder is not traceable The work is distributed freely over internet and the author gives quiet acceptance for it. International situations: the Swedish author, Chinese student in Finland, servers in USA. General rule: use the copyright legislation of the origin country of the piece of work (Berne Convention).
What to do if I wanted to use this photo? Who tocontact?
Part Two: Open Licenses Openness is today’s hot topic. Anyone heard of: Linux? Firefox? Wikipedia?
Free or Open? Free = You do not have pay for it. Free speech vs. free beer. Open = You can examine it, modify it and redistribute it – even commercially.
Internet is changing the education, and it’s happening fast! Does the Internet do same to the education what it did to newspapers? https://6002x.mitx.mit.edu/ http://ocw.mit.edu/courses/electrical-engineering-and-computer-science/6-00sc-in / http://mooc.cs.helsinki.fi/ http://www.ocwconsortium.org/ www.codecademy.com/ In Finland the change is slower: Small language area Education is funded from tax money (no direct market feedback).
How to license your work with open license Open licenses for computer programs: Apache license, GPL, LGPL, MIT License, … Can be used for documents and artwork too. More popular for documents and art: The Creative Commoncs –licenses: http://creativecommons.org/licenses/
Why to use open license? It’s fun to share! It’s free advertisement for you I’ve got two job offers Several speech requests in a year, just for this: http://www.slideshare.net/linjaaho The more people use open license, the more we have free and open content! The others can improve your work and you can use the improved work. Why not?
License lets others distribute, remix, tweak, and buildupon your work, even commercially, as long as theycredit you for the original creation . This is themost accommodating of licenses offered.Recommended for maximum dissemination and use oflicensed materials.
This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms . This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.
This license allows for redistribution, commercial andnon-commercial, as long as it is passed alongunchanged and in whole , with credit to you.
This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non- commercial, they don’t have to license their derivative works on the same terms. What problems do you see with this license?