Copyright (& Other Laws & Policies) and Your Dissertation

1. Copyright & Fair Use for Digital Projects Copyright (& Other Laws & Policies) & Your Dissertation UC Berkeley Library Ofﬁce of Scholarly Communication Services October 25, 2021

2. Copyright (& Other Laws & Policies) and Your Dissertation October 25, 1-2:30 p.m. From Dissertation to Book: Navigating the Publication Process October 26, 1-2:30 p.m. Managing and Maximizing Your Scholarly Impact October 28, 1-2:30 p.m. Copyright and Fair Use for Digital Projects November 10, 11 a.m.-12:30 p.m. Publish Like a Pro Rachael G. Samberg, JD, MLIS Timothy Vollmer, MIS

3. Law + Policy https://grad.berkeley.edu/academic-progress/dissertation/ ● What’s mine after I’m done writing? (law + policy) ● Can I re-use previous articles I’ve written? (law + policy) ● Can I use this content created by others? (law) ● Where does my dissertation end up online? When? (policy)

4. You’re an author, & you have rights Example: 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

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

6. 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

7. 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...

8. 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.

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

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

11. 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)

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

13. 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

14. 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)

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

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

17. 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

18. 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

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

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

21. “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

22. FOUR-FACTOR BALANCING TEST 1. Purpose & character of use Nonproﬁt educational more likely fair; “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

23. Publishing Workflow: Copyright and Other Law & Policy Considerations 1: Do you need permission? 2: Seek permission if needed 3: Address non-© law & policy concerns 4: How do you want to share? Questions? schol-comm@berkeley.edu

24. Publishing Workflow: Copyright and Other Law & Policy Considerations Questions? schol-comm@berkeley.edu 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 3: Address non-© law & policy concerns 4: How do you want to share?

25. Is it protected by copyright?

26. Is it protected by copyright?

28. Does an exception apply? Excerpt of 2011 Don Quixote translation

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 Questions? schol-comm@berkeley.edu 1: Do you need permission? 2: Seek permission if needed Research who holds copyright & send request Ensure permission covers all intended uses 3: Address non-© law & policy concerns 4: How do you want to share? Keep records for your ﬁles

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 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? 2: Seek permission if needed 3: Address non-© law & policy concerns Contractual or terms of service restrictions from archives, databases, or websites? Concerns about rights of privacy or publicity? 4: How do you want to share? Questions? schol-comm@berkeley.edu Ethical concerns or norms re: certain types of info?

36. CONTRACTS

37. 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/

38. Databases

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. Rule of Thumb Collecting or republishing could violate federal or state privacy laws, but there are important legal exceptions that support research. Consider the applicability of those exceptions or seek subjects’ consent.

42. Exceptions & limitations 1. Newsworthiness / public interest 2. Death 3. Person not identiﬁable 4. Permission / voluntary disclosure / waiver Bichat [bedside, in hospital] Therese Bonney, 1944-1945

43. ETHICS

44. What do you think about a balancing principle? Does the value to cultural communities, researchers, or the public outweigh the potential for harm or exploitation of people, resources, or knowledge?

45. Takeaways 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

46. Publishing Workflow: Copyright and Other Law & Policy Considerations Questions? schol-comm@berkeley.edu 2: Seek permission if needed 3: Address non-© law & policy concerns Should you register your copyright? Do you want to & can you license the use of your work? 4: How do you want to share? 1: Do you need permission?

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

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

49. What if someone plagiarizes your dissertation? ● Beneﬁts of time-stamps with online ﬁling ● Take-down / cease & desist letters ● Report to Federal Trade Commission

50. Takeaways Step 4: Consider registration Usually no additional license to apply but you can consider it; talk to your advisor Time-stamping is a safe-guard

51. 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?

52. 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

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