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Copyright In The Online Learning Environment


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The Empire State College Online Library is launching the new Copyright Information Web Site, which includes information on the public domain, open content and the Creative Commons, the fair use exemption, the educational use exemption, DMCA takedown procedures, getting permission, and more. This presentation provides an introduction to that resource, focusing on items of particular interest to faculty designing courses and mentoring in the online learning environment.

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Copyright In The Online Learning Environment

  1. 1. Copyrightin the online learningenvironment
  2. 2. Raise your hand if you agree:1. When you write a blog post or email, it’s copyrighted.2. The Hobbit (the novel) is in the public domain.3. If you use 10% or less of a work, it’s Fair Use.4. It’s legal to embed clips of music, video or text in an online classroom for educational purposes
  3. 3. Copyright is complicated ambiguous always changing  through new statutes and court cases
  4. 4. You aren’t alone Copyright Information Web Site   on the library web site, under the Services tab
  5. 5. Copyright the author’s exclusive rights to their work  make copies  distribute copies (for $ or not)  make and distribute derivative works  license others to do these things Limited  induration  by exemptions made for certain uses
  6. 6. Copyright covers the original expression of ideas  not facts, data or the ideas themselves as soon as they are fixed in a tangible medium of expression  written, recorded, saved, posted…
  7. 7. Public domain Virtually everything is copyrighted  unless its copyright has expired  or it was a publication of the U.S. federal government Public domain means absolutely free  Free as in gratis (no cost)  Free as in libre (no restrictions on use)
  8. 8. Is it in the public domain? wildlycomplicated! use the Public Domain Helper  on the Copyright Information Web Site
  9. 9. Creative Commons pre-packaged, one size fits all licenses that work within copyright law and hold up in court
  10. 10. Why? severe restrictions on using copyrighted content online  even inside Angel/Moodle! public domain and Creative Commons works are not subject to those restrictions!
  11. 11. Creative Commons Licenses Attribution Attribution, Non-Commercial Attribution, No-Derivs Attribution, ShareAlike Attribution, Non-Commercial, No-Derivs Attribution, Non-Commercial, ShareAlike
  12. 12. Use the Creative Commonsweb site to put a CC license on your own work to find CC licensed works to use
  13. 13. Show of hands Isanyone here comfortable sharing what they know or have heard about how Fair Use works?
  14. 14. Balance of four factors each of the four factors needs to be addressed they don’t all have to be favorable, although it’s ideal
  15. 15. Purpose and character of theuse isit a use that copyright law recognizes as socially beneficial?  education, research, scholarship  criticism, commentary, parody  news reporting  NOT art, literature, creativity is it transformative?  notjust copying or repurposing, but creating something new?
  16. 16. Nature and character of thework being used Is it published or unpublished? Is it non-fiction or literary, artistic, dramatic, creative?
  17. 17. Amount and substantiality ofthe part being used quantitative  no safe maximum  proportional to the size of the work qualitative  how important is it to the work as a whole
  18. 18. Market effect could it substitute for the original? could it negatively impact the market for derivative works?  evenif the author hasn’t created those derivative works yet!
  19. 19. Market effect online making and sharing perfect copies is  cheap  effortless  instantaneous no practical barriers to flooding the market  artificial technical barriers
  20. 20. Can you use Fair Use online? YES Be extra careful!  educational or critical purpose  ideally a transformative work  use as little of the work as you can  limit access behind a password (keep it in the Angel/Moodle course)  put media on a streaming server to limit copying
  21. 21. Is it Fair Use? you don’t have to remember it all! Fair Use Helper  on the Copyright Information Web Site
  22. 22. Label it Fair Use From chapter 11 of Silent Spring by Rachel Carson, 1962. This is a fair use under Title 17 section 107 of the U.S. Code. Carson, R. (1962) Silent spring. New York, NY: Houghton-Mifflin. This is a fair use under Title 17 section 107 of the U.S. Code. This excerpt from Rachel Carson’s Silent Spring (1962) used under Fair Use (Title 17 section 107 of the U.S. Code.)
  23. 23. Getting permission not public domain? not open content? not fair use? you need to get permission  and probably pay royalties
  24. 24. Royalties? How much? figureon 30 cents per student, per page music, video, images: unpredictable every center and department has its own way of handling the budget for copyright permissions have an idea of how much you’re willing to spend before you negotiate the license
  25. 25. Label it used with permission From chapter 11 of Silent Spring by Rachel Carson, 1962. Used with permission from the copyright owner. Carson, R. (1962) Silent spring. New York, NY: Houghton-Mifflin. Used with permission from the copyright owner. This excerpt from Rachel Carson’s Silent Spring (1962) used with permission from the copyright owner.
  26. 26. How to get permission CopyrightPermission Guide at the Copyright Information Web Site
  27. 27. Show of hands ifyou have heard that you can be personally sued for copyright infringement in courses that you create?
  28. 28. Digital Millennium CopyrightAct (DMCA) limits college’s liability for faculty and staff copyright infringement  but doesn’t protect the individual faculty or staff member requires college to carry out DMCA takedown procedures requires college to terminate computer accounts of “repeat offenders”
  29. 29. The good news! before they can sue you, they have to issue a takedown notice, and if you comply, you’re safe.
  30. 30. How a takedown works1. copyright owner or their representative spots infringing content2. they contact the VP of OIT3. VP of OIT has the page or site with the infringing content taken down4. owner/maintainer of that page or site is notified
  31. 31. Comply with the takedown? you can put your page or site back up, minus the infringing content no lawsuit, no criminal penalties
  32. 32. Issue a counter-notice? your page or site goes back up with the allegedly infringing content the copyright owner has 14 days to sue you.  you will have to go to court to argue that you had permission or it was Fair Use do not do this without talking to a lawyer first!
  33. 33. The short, short version DMCA takedown notices are very disruptive, so to avoid them:  use the Copyright Information Web Site to make sure your content is not infringing before you put it up  if you have doubts, Ask A Librarian  direct colleagues to these resources if you are concerned that they are infringing
  34. 34. To spark your memory: We talked about  Public Domain and the Public Domain Helper  Open Content, the Creative Commons  Fair Use and the Fair Use Helper  Getting Permission and the Getting Permission Guide  DMCA Takedowns and how to avoid them
  35. 35. Questions? Issues raised? Still confused? Anything I didn’t cover? Want to see something again?
  36. 36. Thank you! Copyright Information Web Site   on the library web site, under the Services tab Ask A Librarian    ext. 2222