Copyright and Digital Scholarship


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June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship -

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  • Things not protected by copyright include:
    -Things too short or brief to be original (Titles, names, short phrases, slogans) – These can be trademarked in a business context
    -Things too factual to be original (Facts, news and discoveries)
    -Things you can patent (Ideas, procedures, methods, systems, processes)
    - Works lacking a modicum of originality (e.g. a phone book in alphabetical order)
    - Works created by the U.S. Federal government (works created by local, state, or foreign governments often times are protected)
    - Useful articles (such as clothing)
  • TRANSITION – So we’ve covered the basics of copyright, what it protects and does not protect, and how long those protections last.

    Because © is intended to promote the progress of science and the useful arts by keeping balance between the rights of the creator and the rights of the public, there are several exemptions in © law that allow for use of a protected item WITHOUT permission from the rights holder
  • How many of you have heard this expression?
  • Copyright and Digital Scholarship

    1. 1. Copyright & Digital Scholarship Melanie T. Kowalski Copyright & Scholarly Communications Librarian June 18, 2014
    2. 2. Introductions! • Who are you? • In which department/discipline do you study/work? • What brings you here today? 2
    3. 3. By the end of this session you should… • Understand the basics of copyright, including the fair use exemption • Know the difference between copyright permissions and archival “use” permissions • Be able to seek copyright permission for materials you’d like to use in your digital projects • Know where to find rights-free and/or open content to use in your digital projects 3
    4. 4. Copyright – The Basics 4
    5. 5. Copyright – Why bother? “The Congress shall have power…To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” -U.S. Constitution, Article 1, Section 8 5
    6. 6. What are the rights?  The exclusive rights of the copyright owner are:  To reproduce the work  To prepare derivative works  To distribute copies of the work  To publicly perform the work  To publicly display the work directly or by telecommunication  To publicly perform a sound recording by digital means 6
    7. 7. What does Copyright Protect? • Original works of authorship fixed in a tangible medium of expression – Literary works & Dramatic works – Musical works & Sound recordings – Pictorial, graphic and sculptural works – Motion pictures and other audiovisual works – Pantomimes and other choreographic works – Architectural works 7
    8. 8. What isn’t Protected by Copyright? • Works not protected by copyright include: – Things too short, brief, or common to be original – Things too factual to be original – Things you can patent – Works lacking a modicum of originality – Works created by the U.S. Federal government – Things that are “useful” 8
    9. 9. Duration of Copyright • Copyright law grants exclusive rights to copyright owners and exemptions for users (ex. Fair Use) – Term of copyright is currently life of the author + 70 years – Copyright notice ( © ) is not required – When copyright expires, work enters the public domain • NOTE: Term of protection for items created and/or published in the 20th century varies 9
    10. 10. Isn’t Citing Enough? • Scholarly uses of copyrighted works are not exempt from copyright law – Citation = Ethical Construct • Accurate citations help you avoid plagiarism • Upholds intellectual honesty • Gives credit for another’s ideas – Copyright = Legal Construct • Concerned with control of the expression of idea • Accurate citations are not a defense to copyright infringement 10
    11. 11. Who actually owns the copyright? • Protection begins @ moment of creation • Ownership lies originally with the creator • Ownership is often transferred to publishers, business partners, heirs, or other entities • Who owns? – Archival materials? – For faculty or student generated content? – Your work reports? – That video on YouTube?
    12. 12. Fair Use in Scholarly Publication 12
    13. 13. “It’s educational, so it’s a fair use.” Right?? 13
    14. 14. Copyright Exemption - Fair Use  Balancing test, comprised of four factors:  Purpose and Character  Nature of the copyright work  Amount of the use  Effect on the market or potential market for the copyrighted work 14
    15. 15. The Permissions Process 15
    16. 16. Types of Permission • Copyright Permission – Legal requirement to avoid infringement liability • Archival “Use” or “Publication” Permissions – Institutional requirement – Outlines citation/attribution requirements 16
    17. 17. Copyright Permission – The Bare Bones Basics 17
    18. 18. You typically need copyright permission for. . . • Long quotations • Reproduced publications • Unpublished materials • Poetry and Music Lyrics • Dialogue from a play, screenplay, broadcast, or novel • Music • Video • Graphic or pictorial works (graphs, charts and images) • Computer Software 18
    19. 19. How to Obtain Permission • Identify the copyright owner • Contact the copyright owner and include: – Exact material to be used – Intended use of the material – Form of publication – print, online, or both? 19
    20. 20. How to Obtain Permission • Retain a written response (if contacted by telephone, follow up in writing by e-mail or letter) • If you don’t get a response or permission is denied: – Consider using an alternative work – Alter your planned use and re-evaluate for fair use 20
    21. 21. Orphan Works • Orphan Work : a copyrighted work for which the copyright owner cannot be identified or contacted • Treat these works as if you were denied permission from a rights holder – Consider using an alternative work – Alter your planned use and re-evaluate for fair use • Note: No statutory protections exist for the use of Orphan Works at this time 21
    22. 22. When you don’t need permission… • Work is in the public domain – Government document – Published in US prior to 1923 or in a foreign country prior to 1909 – Peter Hirtle’s Chart - • Creative Commons licenses – Authors grant permission for certain uses by using a CC logo (see – CC Searching • • Google Image – advanced search settings allow CC search 22
    23. 23. Codes of Best Practices • Code of Best Practices in Fair Use for Academic and Research Libraries • Documentary Filmmakers’ Statement of Best Practices in Fair Use • Code of Best Practices in Fair Use for Media Literacy Education • Code of Best Practices in Fair Use for Scholarly Research in Communication • Code of Best Practices in Fair Use for Online Video • Orphan Works: Statement of Best Practices • Code of Best Practices in Fair Use for Poetry 23
    24. 24. Resources for help • Copyright and Cultural Institutions: Guidelines for U.S. Libraries, Archives, and Museums by Peter Hirtle • Permissions, A Survival Guide: Blunt Talk about Art as Intellectual Property by Susan M. Bielstein • Copyright Law for Librarians and Educators by Kenneth D. Crews • Is it in the Public Domain? : A Handbook for Evaluating the Copyright Status of a Work Created in the United States Between January 1, 1923 and December 31, 1977 by the Berkeley Law Samuelson Law, Technology & Public Policy Clinic 24