1.
Copyright & Fair Use for Digital Projects
19 October 2020
Office of Scholarly
Communication Services
Berkeley Library
Copyright &
Your Dissertation

2.
Copyright and Your Dissertation
October 19 | 1-2:30 p.m.
Managing and Maximizing Your Scholarly Impact
October 20 | 1-2:30 p.m.
From Dissertation to Book: Navigating the Publication Process
October 22 | 1-2:30 p.m.
Copyright and Fair Use for Digital Projects
November 10 | 11 a.m.-12:30 p.m.
How to Share & Publish Data: Resources, Law, & Policy
December 1 | 12:30 p.m.-2:00 p.m.
REGISTER: https://www.lib.berkeley.edu/scholarly-communication
FALL PUBLISHING SERIES:
Publish Like a Pro

3.
Copyright & Fair Use for Digital Projects
Copyright &
Your Dissertation
Rachael G. Samberg, JD, MLIS Timothy Vollmer, MIS

4.
FRAMING
https://grad.berkeley.edu/academic-progress/dissertation/

5.
You’re an author, &
you have rights Alavi, S. J. (2013). The Poetics of
Commitment in Modern Persian: A Case of
Three Revolutionary Poets in Iran. UC
Berkeley.
ProQuest ID: Alavi_berkeley_0028E_14033
Retrieved from:
https://escholarship.org/uc/item/9vn474vw

6.
We’ll help you
think about
other people’s
stuff
Solution to Viscous Burger’s Equation
https://www.researchgate.net/figure/The-solution-to-v
iscous-Burgers-equation-11-with-e-0-04_fig1_228445669

7.
Computational Design, Synthesis, and Structure Property
Evaluation of 1,3-Thiazole-Based Color-Tunable
Multi-heterocyclic Small Organic Fluorophores as
Multifunctional Molecular Materials
© Journal of Organic Chemistry
Other people’s
diagrams or images

8.
Trieste, Umberto Saba, 1910
Ho attraversato tutta la città.
Poi ho salita un'erta,
popolosa in principio, in là
deserta,
chiusa da un muricciolo:
Trieste, trans. Kline, 2012
I traversed the whole city.
Then climbed a hill
crowded at first, in the end
deserted,
closed off by a little wall:
http://poetsofmodernity.xyz/POMBR/Italian/FiveItalianPoets.htm#anchor_Toc326225674
Or their text...

9.
And what it means to
have their permission
Translated by A. S. Kline © Copyright 2012 All Rights Reserved
This work may be freely reproduced, stored, and transmitted,
electronically or otherwise,
for any non-commercial purpose.

10.
attribution vs. permission
Dan4thNicholas, CC-BY, h2ps://flic.kr/p/8PEZiG Sakaki0214, CC-BY-NC-ND, h2ps://flic.kr/p/9jykF1

11.
WE’LL TEACH A WORKFLOW
Photo by Stephen Leonardi on Unsplash

12.
What is COPYRIGHT?
Exclusive rights
to make certain uses
of original expression
for limited period of time
Photo by Luis Alfonso Orellana on Unsplash
Egypt, Lee Friedlander (1983)

13.
Exclusive Rights
● Reproduction
● Derivative works
● Distribution
● Public performance
● Public display
Egypt, Lee Friedlander (1983)

14.
Not invoking any exclusive rights by providing
links to lawfully-uploaded content:
● It’s not reproduction
● It’s not a derivative work
● It’s not distribution
● It’s not a performance
● It’s not public display
Three horizontal rusted chains
crossed by two poles
https://unsplash.com/photos/TcFq4-ulczU
Linking Exclusive Right
That’s why it’s always okay
to link to lawful content.

15.
Limited Period
● Varies, but at least author’s
life + 70 years
● Within “protected” period,
you need author’s permission
to reproduce, display,
perform, etc.
Egypt, Lee Friedlander (1983)

16.
If copyright gives authors
exclusive rights for so long,
how can we ever use anything?

17.
Limitations
Expression,
not ideas or facts
World Bank & OECD Data
https://data.worldbank.org/indicator/ny.gdp.mktp.kd.zg?locations=eg

18.
Expression,
not ideas or facts
Keatings, K & Tassie, Geoffrey & Flower, R.J. & Hassan, F.A. & Hamdan, Mohamed &
Hughes, M & Arrowsmith, C. (2007). An examination of groundwater within the Hawara
Pyramid, Egypt. Geoarchaeology. 22. 533 - 554. 10.1002/gea.20171.
Limitations

19.
Other limitations: The Public Domain
FEDERAL GOVERNMENT WORKS EXPIRED COPYRIGHT
http://www.gutenberg.org/files/100/100-h/100-h.htm
https://www.loc.gov/item/webcast-6177

20.
So if something *is* protected,
we have to get permission
to use it?

21.
Not if an
exception
like fair use
applies
Discovery UK, Video “Exploring King
Tutankhamun's Tomb”
George Georgiou,
http://www.georgegeorgiou.net/projects.php

22.
“The fair use of a copyrighted
work…for purposes such as
criticism, comment, news
reporting, teaching…,
scholarship, or research, is
not an infringement of
copyright.”
Discovery UK, Video “Exploring King
Tutankhamun's Tomb”
17 U.S.C. § 107
George Georgiou,
http://www.georgegeorgiou.net/projects.php

23.
FOUR-FACTOR BALANCING TEST
1. Purpose & character of use
Nonprofit educational more likely fair than
commercial; “transformativeness”
dominates.
2. Nature of copyrighted work
More likely fair if you’re using factual or
scholarly work.
3. Amount and substantiality
Size & importance of portion used in
relation to whole.
4. Effect on potential market
Less likely fair if use supplants market for
purchasing/licensing original.
Discovery UK, Video “Exploring King
Tutankhamun's Tomb”
George Georgiou,
http://www.georgegeorgiou.net/projects.php

24.
Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

25.
Is it protected
by copyright?

26.
Is it protected
by copyright?

27.
Is there a
license?
Diagram of the human heart
(cropped)
Creative Commons
Attribution-Share Alike
3.0 Unported

28.
Does an
exception
apply?
Excerpt of 2011 Don Quixote
translation, that you’re
using in a literary essay

29.
Takeaways Step 1:
You have a right to
make fair uses.
Asserting that
right requires
judgment and
some risk analysis.

30.
Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

31.
Finding
rightsholders
Could try archives &
registration databases
https://norman.hrc.utexas.edu/watch/
copyright.gov

32.
Get permission
for scope of use
Robert Rauschenberg, “Bed”
Image file MOMA
“The image may be displayed in eBook
format for a period of up to ten years
only. All future editions, reprints,
translations, or formats (including
electronic media) must be negotiated
separately.”

33.
Keep records of
determinations & efforts
Download spreadsheet:
http://ucblib.link/digprojectpermissions

34.
Takeaways Step 2:
Try to make your use fair
under step 1 so that step
2 is unnecessary.
Step 2 takes time; plan.
If you can’t locate
rightsholder or don’t hear
back, exercise judgment.

35.
Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

36.
CONTRACTS

37.
Databases
EbscoHost
ProQuest
JSTOR
ScienceDirect
etc.

38.
Website
Terms of Use
If you intend to quote extensive
amounts of text, use other original
content, or reproduce images from
this site, please contact us for
permission.
http://www.hrc.utexas.edu/use/

39.
Archives
I understand that permission to
publish, or otherwise publicly use,
materials...must be [granted by
library]
I understand further that the
University makes no representation
that it is the owner of the copyright...
and that permission to publish must
also be obtained from the owner of
the copyright.

40.
PRIVACY

41.
Protect the people in the work
Federal (e.g. FERPA & HIPAA)
State (e.g. intrusion, private facts, false light,
appropriation of likeness)
Important Limitations:
- Death
- Unidentifiable
- Newsworthiness
- Permission

42.
E.g. Public
Interest

43.
ETHICS

44.
Summary of Step 3:
Consider whether there are
applicable agreements that
may curtail uses that would
otherwise be fair, and try to
negotiate for better terms.
Privacy law has important
exceptions.
Ethical considerations may
require harm balancing;
consult with advisors & field

45.
Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

46.
If they liked it then
they should have put a
registration on it?
● Copyright automatic
● Registration not required
● But it has advantages...

47.
Do you want to
license others to use it
beyond fair use?
● Talk to your advisor
● Think long term (publishing
book? etc.)

48.
Summary of Step 4:
Consider registration
Usually no additional license
to apply but you can
consider it; talk to your
advisor

49.
Copyright & Fair Use for Digital Projects
THANK YOU!
Let’s talk more…
E-mail: schol-comm@berkeley.edu
Twitter: @UCB_scholcomm
YouTube: http://ucblib.link/OSCS-Youtube