Copyright Basics

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This presentation on copyright basics was provided through the generosity of Linda Motter.

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  • Use it in a way that’s fair to the publishers and fair to the campus community
  • Copyright Basics

    1. 1. COPYRIGHT BASICS Linda Motter © ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonStateUniversity. Allrightsreserved
    2. 2. WHAT COPYRIGHT PROTECTS  Promotion of the Arts  Difference Between Copyright, Patent, & Trademark  Artist’s Exclusive Rights  What is Required to be Protected by Copyright  What is Not Required ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    3. 3. PROMOTION OF THE ARTS  Copyright law is intended to promote and advance art.  Literary works  Music works  Pantomimes  Pictorial, graphics, and sculptural works  Motion pictures  Sound recordings  Architectural works  Computer programs ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    4. 4. DIFFERENCE BETWEEN COPYRIGHT, PATENT AND TRADEMARK  All are considered “intellectual property”  Patents  Give inventors exclusive right to duplicate their inventions' design  Cover devices, formulas, tools, and anything that has utility.  Trademark ™  Is a word, phrase, or logo that identifies a product, a service, or person or company that offers a product or service to the public  Copyright applies to any creative work and prevents others from copying the work.  Copyright last for the artist’s or author’s life plus 70 years (there are exceptions if copyright is held by company) ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    5. 5. WHAT IS REQUIRED TO BE PROTECTED BY COPYRIGHT  Fixed in a Tangible Medium  The idea behind the work must be able to be read, seen, heard, or understood by others.  Original  You cannot claim copyright protection to work that was created by someone else.  Creative  How creative? The Supreme Court says, “…the requisite level of creativity is extremely low; even a slight amount will suffice.”  This includes a child’s finger painting, a snowman, sand castle, graffiti even email if it is original an the least bit creative. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    6. 6. WHAT IS NOT REQUIRED  After 1978 there are no formalities required.  Copyright springs into existence the instant the work becomes fixed to a tangible medium. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    7. 7. WHAT COPYRIGHT DOES NOT PROTECT  Material not creative enough  Idea/Expression dichotomy  Expired Copyright – “Public Domain”  Works Copied for Fair Use ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    8. 8. MATERIALS NOT CREATIVE ENOUGH TO PROTECT  There are no lines in the sand  The Copyright Act says,  In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discover, regardless of the form in which it is described, explained, illustrated, or embodied in such work. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    9. 9. IDEA/EXPRESSION DICHOTOMY  Copyright law protects the expression of facts and ideas, not the ideas and facts themselves.  Works not fixed in a tangible medium are just facts.  Ideas are fair game for everyone to express in their own words. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    10. 10. WORKS WITH EXPIRED COPYRIGHTS – “PUBLIC DOMAIN”  Works in public domain anyone can copy, make derivatives, distribute, perform, and display without permission. There are various ways to get into the Public Domain  Copyright has expired  Author or artist donates the work  Created by corporation duration is 95 years from the publication date or 120 years from the date of creation (whichever is shorter)  Work was created by the federal government  Any work before 1978 whose copyright formalities were not observed ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    11. 11. DURATION OF COPYRIGHTS  Rule of Thumb  Any published works created before 1923  Unpublished works created before 1883  Copyright scholars created this chart  www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm  Where to find  Remember do your own research do not rely on what others profess as “public domain”  This website is a good starting point to find public domain resources  http://publishing.wsu.edu/copyright/pd_resources.html ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    12. 12. WORK THAT IS COPIED AS FAIR USE- MUST CONSIDER…..  Four Factors of Fair Use  Juggling the Factors of Fair Use  Purpose and Character of the Use  Nature of the Material Copied  Amount of the Material Copied  Commercial Effect  Guidelines for Navigating the Commercial Effect Factor  Special Fair Use Cases  Fair Use Slide Rule  Classroom Guidelines  Future of Fair Use ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    13. 13. WHAT IS FAIR USE  Fair use is the exception to the rule that no one may exercise the author’s or artist’s exclusive rights – for example, copying the work – without permission.  Was established “…to avoid rigid application of the copyright statue when, on occasion, it would stifle the very creativity which that law was designed to foster.”  Fair use is indispensable in higher education, so its well worth the time and resources to learn what you can about the doctrine and use it in good faith. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    14. 14. FOUR FACTORS OF FAIR USE  The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes  Is the work for criticism, comment, news reporting, education, scholarship, or research  The nature of the copyrighted work  The amount and substantiality of the portion used in relation to the copyrighted work as a whole  The effect upon the potential market for or value of the copyrighted work ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    15. 15. JUGGLING THE FACTORS OF FAIR USE  Not necessary for all four factors to qualify as fair use  The factors are used for “balancing the equities” rather than as a “definitive or determinative” test and  Are to be weighted together, in light of the objectives of copyright, to promote the progress of science and the useful arts ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    16. 16. PURPOSE AND CHARACTER OF THE USE  Do you intend to make a profit or other commercial benefit?  Unless your copy serves a public interest or is transformed into a new product, any commercial or profit-making purpose will weight this factor against fair use. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    17. 17. NATURE OF THE MATERIAL COPIED  The less creative the material is, the more this factor favors fair use.  Materials that are “predominantly factual” or “scientific works” will make this factor lean in favor of fair use. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    18. 18. AMOUNT OF MATERIAL COPIED  The more you copy and the closer the copy is to the original, the less likely it will be fair use.  The nature of both the copy and the original makes a difference is weighing this factor.  Considers the quantitative and qualitative value of the materials that are copied.  Copying the materials essence or heart of the content  The nature of the material and the amount copied are interrelated ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    19. 19. COMMERCIAL EFFECT  Considers the extent of harm the copies actually have on the artist’s or author’s market.  Takes into consideration hypothetical harm and potential market  Most difficult to analyze because many pertinent factors are unknown. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    20. 20. SUGGESTED GUIDELINES FOR NAVIGATING THE COMMERCIAL EFFECT FACTOR  Avoid copies that you intend to distribute widely that might supplant or substitute for a product that would normally be purchased  Do not post copies on the World Wide Web with open access  Avoid making copies for any commercial or profit- making pursuit ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    21. 21. SUGGESTED GUIDELINES FOR NAVIGATING THE COMMERCIAL EFFECT FACTOR  In copy or display projects where it appears to be a struggle qualifying for fair use  Document effort to contact the copyright holder and request permission  Proceed without permission only if you cannot find the copyright holder or cannot get any response and you get the approval of your institution’s legal counsel first.  Avoid any copy project where the intention is to save the students money on materials they would normally purchase ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    22. 22. SPECIAL FAIR USE CASES  Video Time Shifting  The Supreme Court ruled that making video recorder copies of entire movies or other programs from cable, satellite, or TV was a fair use, this is generally for nonprofit, home use  Parody  The Supreme Court defines parody as:  The use of some elements of a prior author’s composition to create a new one that , at least in part, comments on the author’s works… If, on the contrary, the commentary has no critical bearing on the substance or style of the original composition, which the alleged infringer merely uses to get attention or to avoid the drudgery of working up something fresh, the claim to fairness in borrowing from author’s work diminished accordingly, and other factors, like the extent of its commerciality, loom larger. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    23. 23. PARODY CONT.  A parody is a new work subject to it’s own copyright protection  The parody MUST criticize the original work to qualify for fair use  A music parody can copy borrow most of the amount of the original to the extent the parody requires, and be entirely commercial because the parody has a different audience than the original song and thus poses little or no harm to the original song’s market. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    24. 24. FAIR USE SLIDE RULES – PURPOSE OF USE 1. __Non profit 2. __Education 3. __Research 4. __Criticism 5. __New & Different Product 6. __Comparative advertising 7. __Parody 1. __For profit or commercial purpose 2. __Entertainment 3. __Saving costs 4. __Other purposes Favoring Fair Use Against Fair Use ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    25. 25. FAIR USE SLIDE RULES – NATURE OF MATERIAL COPIED 1. __Published 2. __Out of Print 3. __More factual than creative 1. __Unpublished 2. __Creative or fictional Favoring Fair Use Against Fair Use ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    26. 26. FAIR USE SLIDE RULES – AMOUNT OF MATERIAL COPIED 1. __Just enough to serve a fair use purpose 2. __Small amount of total 1. __Heart of the work 2. __More than is needed to serve purpose 3. __Large amount of total Favoring Fair Use Against Fair Use ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    27. 27. FAIR USE SLIDE RULES – COMMERCIAL EFFECT 1. __Copy is not a substitute for the original product 2. __Copy is not for sale or widely distributed 3. __Copy is not published or posted online 4. __Parody – has a different market 5. __Cannot get permission 1. __Heart of the work 2. __More than is needed to serve purpose 3. __Large amount of total Favoring Fair Use Against Fair Use ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    28. 28. FOUR FACTOR BALANCE SHEET 1. Purpose of the Use: For___ Against___ 2. Nature of Material Copied For___ Against___ 3. Amount of Material Copied For___ Against___ 4. Commercial Effect For___ Against___  Total Favoring____ Total Against _____ ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    29. 29. CLASSROOM GUIDELINES  A single copy may be made of any of the following by or for a teacher for use in research, teaching, or preparation to teach a class:  Single Copying for Teachers  A chapter of a book  An article from a periodical or newspaper  A short story, short essay or short poem, whether or not from a collective work  A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    30. 30. CLASSROOM GUIDELINES  Multiple Copies for Classroom Use  Multiple copies may be made by or for the teacher giving the course for classroom use or discussion provided that:  The copying meets the tests of brevity and spontaneity as defined  Meets the cumulative effect test as defined  Each copy includes a notice of copyright. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    31. 31. DEFINITIONS  Brevity (i) Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words. (ii) Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words. [Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.] (iii) Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue. (iv) "Special" works: Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "ii" above notwithstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    32. 32. DEFINITIONS – CONT.  Spontaneity (i) The copying is at the instance and inspiration of the individual teacher, and (ii) The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    33. 33. DEFINITIONS – CONT.  Cumulative Effect (i) The copying of the material is for only one course in the school in which the copies are made. (ii) Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. (iii) There shall not be more than nine instances of such multiple copying for one course during one class term. [The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.] III. Prohibitions as to I and II Above Notwithstanding any of the above, the following shall be prohibited: (A) Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately. (B) There shall be no copying of or from works intended to be "consumable" in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material. (C) Copying shall not:  substitute for the purchase of books, publishers’ reprints or periodicals;  be directed by higher authority;  be repeated with respect to the same item by the same teacher from term to term.  No charge shall be made to the student beyond the actual cost of the photocopying. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    34. 34. GETTING PERMISSION  General guidelines for determining when to obtain permission  Course packs or copies of textbooks, journal articles, or other materials that will be uses as the sole course material for any class in which a textbook is available and traditionally used.  Any copies that are sold or used in commercial venture with no educational, research, or commentary purpose  Any copies widely distributed or posted online that create a substitute for the original product that was copied. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    35. 35. WHERE TO GET PERMISSION  The source and method of getting permission vary according to the nature of the materials you wish to copy.  Print Media Copyright Clearance Center 222 Rosewood Dr. Danvers, MA 01923 Phone: (978) 750-8400 Web: www.copyright.com E-mail: info@copyright.com  You will need to establish an account and provide the following reference information about the materials you want to copy:  Title  Author  Book's date or edition  Portion of the book you want to copy  Standard number or ISSN, ISBN or LCCN ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    36. 36. WHERE TO GET PERMISSION - IMAGES  Images and Photos  You will need to go directly to the image’s artist, or creator, or photographer.  All photos you see on the web were chosen from either subscription collections or collections where the photographer could be traced and permission obtained directly.  Look for free sources if you can not obtain permission or use a online photo collection.  Clipart.com  Corbis.com  Image.altavista.com  GettyImages.com  Fotosearch.com ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    37. 37. WHERE TO GET PERMISSION - MUSIC  Music is the most licensed and regulated.  Most effective way to get permission  Contact all licensing agencies  American Society of Composers, Authors, and Publishers (ASCAP) (212) 621-6000 info@ascap.com www.ascap.com Broadcast Music, Inc. (BMI) (800) 925-8451 www.BMI.com genlic@BMI.com Society of European Stage Authors and Composers (SESAC) (800) 826-9996 (212) 586-3450 license@sesac.com Harry Fox Agency www.harryfox.com ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved
    38. 38. WHERE TO GET PERMISSION - AUDIOVISUAL  Limited portions of audiovisual works may be performed for education under fair use.  Entire portions may only be shown for education or entertainment if you have permission.  Permission granting agency:  Motion Picture Licensing Corporation (MPLC) info@mplc.com www.mplc.com (800) 462-8855 (310) 822-8855  If you have trouble getting permission through the agencies, you can try the publisher directly, but you will need much time, patience, and luck. ThismaterialusedwithpermissionofMarc Lindsey,authorandWashingtonState University.Allrightsreserved

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