Copyright road show for ip

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Copyright road show for ip

  1. 1. Sarah Morehouse Librarian, Empire State College
  2. 2.  The librarians can direct you to copyright information resources, such as where to look up the copyright owner of a certain work or how to determine if something is fair use or public domain.  We can’t get permission/licenses for you  Above all, we can’t give legal advice!
  3. 3.  A fact or idea can’t be copyrighted  What can be copyrighted is the unique expression of facts and ideas  some element of creativity, analysis, interpretation, organiz ation from the author
  4. 4.  The work doesn’t need to be published or registered anywhere  It’s copyrighted as soon as it’s “fixed in a tangible medium of expression”  On paper, film/tape, in stone  In any digital format, including email and blogs  Sculpted into ice? Written on a chalkboard?  What matters is that there’s a means of transmitting the information from one person to another across time and space
  5. 5.  The right to make copies  The right to distribute copies  for profit or not  The right to make derivative works and make copies of them and distribute them  The right to assign the copyright to someone else  A license  A transfer
  6. 6.  Sequels, spinoffs, supplemental materials, translations, adaptatio ns, revisions, conversions to a new format
  7. 7.  In many countries (not the US) copyright is tightly linked to moral rights.  Moral rights are the right to control  When and how the content is released to the public  How it is used (for example, using it to smear the author or to say something contradictory to what the author believes)
  8. 8. Mentoring.Center@esc.edu
  9. 9.  The country where the work was published, not the country that you’re in!
  10. 10.  If a work is in the public domain, copyright no longer applies to it.  You don’t need to ask permission to copy/remix it  You don’t need to pay royalties
  11. 11.  Most works fall into the public domain because they have reached a certain age
  12. 12.  Authored works: add 70 years to the author’s death date  Anonymous and corporate works: add 95 years to publication date  Unpublished anonymous/corporate works: add 120 years to creation date  Used to be shorter  Different for non-US publications  Publications of the federal government are put immediately into the public domain
  13. 13.  Affects most of the world, including the European Union  Minimum Life Plus 50, Creation Plus 90  Usually Life Plus 70, Creation Plus 120
  14. 14.  Use this tool to find out whether a certain work is still under copyright: http://bit.ly/168N10f
  15. 15. Mentoring.Center@esc.edu
  16. 16.  US only!  Fair Use exists to promote kinds of use that the law considers beneficial to society.  Using Fair Use is good!  Fair Use is a legal defense. It basically means “The infringement met the criteria, so there’s no penalty.”  Those criteria are called the four factors.
  17. 17.  Purpose of the use  Good: education, research, scholarship, criticism , commentary, news reporting, a single copy for personal use, transformative works  Bad: anything else, including art and creativity  Nature and character of the work being used  Good: published works, non-fiction  Not so good: unpublished works, creative works  Amount and substantiality of the portion used  Good: a tiny amount  Not so good: more than you need  VERY BAD: all of the work; the “heart and soul” of the work  Effect on the market for the original work and derivative works  Good: none  VERY BAD: any
  18. 18.  You can use this worksheet to determine if what you want to do is Fair Use: http://bit.ly/12LxKQY  Keep a copy as documentation
  19. 19.  Unique to the United States.  Canada has something very similar called Fair Dealing.  Many, but not all WIPO members have limited equivalents.
  20. 20.  Canada only  Almost exactly like Fair Use, except the four factors aren’t treated equally.  First, the use must be strictly for education, research, criticism, com mentary, news reporting, satire, or parody.  THEN if it passes the first test, you can apply the other tests.
  21. 21. Mentoring.Center@esc.edu
  22. 22.  US only!  Face-to-face classroom only  Educational purposes only  No extra-curricular activities  No faculty development, conferences, meetings, etc.  No handouts!  Allows performance and display of copyrighted works      Images, art Documentaries Movies and TV Music Dramatic performances  You can show whole works, but you should only show what you need
  23. 23.  NO exemption for performance or display in the face-to-face classroom.
  24. 24.  It is ok to perform or display a work for strictly educational, strictly noncommercial purposes, as long as no members of the public are admitted.
  25. 25.  It is ok to perform or display certain kinds of works for strictly educational, strictly noncommercial use in the classroom, as long as the public is not admitted.  Audio recordings, images, and live broadcasts are ok.  BUT you can’t play audiovideo recordings.
  26. 26. Mentoring.Center@esc.edu
  27. 27.  ESC is now TEACH Act compliant!  It acts like the Educational Use exemption, but for online courses
  28. 28.  We’re a US university  Our servers are on US soil  So… when we’re posting content inside the confines of the LMS (Moodle) can we follow US copyright law???  I sure hope so, or else this is going to be chaos.  Until I can get a straight answer from college counsel, this is entirely up to your judgment and discretion.
  29. 29.  The Berne Convention/treaties allow for the possibility of the TEACH Act but none of the other countries we work in have implemented it.
  30. 30.  Images, audio and video!  This is not a way to distribute readings.  It has to be inside the LMS. No external web sites or Web 2.0 tools  You have to clearly mark or caption it  State that it’s copyrighted  Attribute the original source  If it’s a fictional or dramatic work, keep it to a minimum. If it’s a non-fictional work, you can use the whole thing.  It can’t be pirated, bootlegged, etc. It has to be a legal copy, legally obtained.  It’s ok to digitize physical media that you own, but only if there isn’t a born-digital version to buy or subscribe to.
  31. 31. Mentoring.Center@esc.edu
  32. 32.  The library signs license agreements in order to subscribe to information resources  Those license agreements allow access but also have restrictions:  They prohibit us from allowing access to alumni, emeritus professors, or students or faculty of other colleges  Some allow uploading their content to the LMS; many do not
  33. 33.  Getting permission is synonymous with getting a license  There is no exact wording or format, but you need to get it in writing. Document everything!  If you can’t find the copyright owner, you can’t get permission. It’s not ok to use the work anyway.
  34. 34.  Expect this to take time – maybe even several months  Sometimes there will be an online form to fill out. Other times, you will need to send a letter  Use email or mail, whichever seems more likely to get an answer  Be specific:  Which work are you using? How much? Which parts?  What are you using it for? (EDUCATION!)  For how long?  How big is the potential audience?  How are you protecting it?
  35. 35.  Instructions for identifying and locating the copyright owner  A sample letter with a license for them to fill out  http://bit.ly/15J0H1Q
  36. 36.  Permission to use published articles and books generally costs about 35 cents per page per student.  Permission to use big media (movie, TV and music industry) tends to be expensive.  Things produced for the educational market (textbooks, workbooks, educationa l films) are also very expensive.  Permission to use unpublished web materials is sometimes granted for free because it’s educational.
  37. 37. Mentoring.Center@esc.edu
  38. 38.  Our LMS is in the US so theoretically, US law is what would be used if somebody wanted to take down content.
  39. 39.  This is based on international treaties.  Prohibits attempting to break or bypass either access controls or copy protection.  Even if it would otherwise be legal to make a copy (fair use) you can’t break in to do it!  There are a few exemptions that allow breaking/bypassing copy protection  Making ebooks accessible for blind people  Film studies professors can make compilations of clips  There are no exemptions that allow breaking/bypassing access controls
  40. 40.  Protects the college from liability if faculty, staff or students infringe copyright  The individual faculty, staff and students are not protected from liability  In exchange, the college has to comply with DMCA takedown procedures
  41. 41.  If you have infringing material in a course, web site, blog, etc. then the copyright owner or their designee can send a takedown notice to our copyright agent  Our copyright agent (the VP of OIT) has to remove the content immediately, which in practical terms, means that your site comes down  The law does not allow investigation or notification before the material is taken down.
  42. 42.  You have the right to issue a counterclaim and put your course/page/blog back up as is, but if you do so, the copyright owner has 14 days to file a lawsuit against you in federal court  The safer option is to edit your course/page/blog so that it’s no longer infringing, and then it will be put back up  Contact a lawyer first!
  43. 43. Mentoring.Center@esc.edu
  44. 44. http://www.esc.edu/copyright

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