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Katie’s
UC Irvine
Copyright Smorgasbord
April 8, 2015
katie.fortney@ucop.edu
@kfortney
Plan for Today
A little bit of a lot of things
• Copyright & Fair Use
from 30,000 feet
• Creative Commons licenses
• Journ...
Not on today’s menu
• Other exceptions like
libraries & classroom
performance
• Works for hire
• UC copyright & OA policie...
I. Copyright &
Fair Use
US Copyright law protects…
original works of authorship fixed in
a tangible medium of expression
(but not federal govt. wo...
Copyright -> Exclusive rights
• Reproduction
• Distribution
• Public performance
• Public display
• Creation of derivative...
Fair Use
Fair use, including for purposes such as criticism,
comment, news reporting, teaching, scholarship or
research, i...
Can fair use help when…
• A professor who doesn’t like the course
management system has a number of
video clips from Holly...
Never “always” and never “never”
(From http://en.wikipedia.org/wiki/Fair_use#Common_misunderstandings)
Some commercial fair uses
• Bloomberg doesn’t need Swatch’s permission
to publish an analyst call it wasn’t invited to
• Y...
Trans…former..what?
• “whether the new work . . . adds something
new, with a further purpose or different
character, alter...
1. Did the use “transform” the material
taken from the copyrighted work by
using it for a broadly beneficial purpose
diffe...
Examples
• DK Publishing can sell Grateful Dead
books that include images of concert
posters
• Turnitin doesn’t need stude...
Avoid re-inventing the wheel
• Statistically significant factors
• Transformativeness
• Codes of Best Practice
arl.org/fairuse
Other recent codes at
http://www.cmsimpact.org/fai
r-use/best-practices
• Collections containing
orphan wo...
Still worried about certainty?
You don’t have to be certain.
– There’s a good faith fair use
defense for libraries and the...
II. Creative
Commons
Licenses
The problem: copyright
defaults don’t suit everyone
CC Licenses as a Solution
• Require giving credit
• Author keeps copyright ownership
• Widely used (for all kinds of
conte...
CC BY: Attribution
Bare bones by Caroline CC BY http://www.flickr.com/photos/hills_alive/8511444405/
Currently used by PLO...
The NonCommercial (NC)
Restriction
• E.g.
http://creativecommons.org/licenses/
by-nc/3.0/legalcode
• Some debate/confusion...
The No Derivative Works (ND)
Restriction
• E.g.
http://creativecommons.org/lice
nses/by-nd/3.0/legalcode
• No “translation...
The ShareAlike (SA) Restriction
• E.g.
http://creativecommons.org/l
icenses/by-sa/3.0/legalcode
• Applies to
Adaptations, ...
Choosing a License
Think about needs of
• Creators/©owners
• Readers
• Adapters/remixers
• Services and
intermediaries
Sto...
Resources and Tools
• Creative Commons has LOTS of information and
resources,
– About the Licenses: http://creativecommons...
Which would you choose?
Imagine you’ve been drafted to make a
recommendation of which CC license to use
for…
• the UCI-aut...
III. Author
Agreements
“A what?”
Implied Licenses
Common terms
• Originality & the like
• What the publisher
can do with the article
• What the author can
do with the artic...
Where can you find them?
?
A few examples…
• Which would you
prefer
– As an author
– As a publisher
– As a reader?
What about eScholarship?
Questions?
Copyright Smorgasbord for UC Irvine April 2015
Copyright Smorgasbord for UC Irvine April 2015
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Copyright Smorgasbord for UC Irvine April 2015

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A few assorted topics selected by UCI library staff for a recent visit: fair use, creative commons licenses, and journal author agreements.

Published in: Economy & Finance
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Copyright Smorgasbord for UC Irvine April 2015

  1. 1. Katie’s UC Irvine Copyright Smorgasbord April 8, 2015 katie.fortney@ucop.edu @kfortney
  2. 2. Plan for Today A little bit of a lot of things • Copyright & Fair Use from 30,000 feet • Creative Commons licenses • Journal author agreements
  3. 3. Not on today’s menu • Other exceptions like libraries & classroom performance • Works for hire • UC copyright & OA policies • TEACH Act • DMCA anti-circumvention rules and takedown procedures
  4. 4. I. Copyright & Fair Use
  5. 5. US Copyright law protects… original works of authorship fixed in a tangible medium of expression (but not federal govt. works) (and only for limited times) (and there used to be a lot of rules)
  6. 6. Copyright -> Exclusive rights • Reproduction • Distribution • Public performance • Public display • Creation of derivative works
  7. 7. Fair Use Fair use, including for purposes such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement. Factors to be considered include: (1) the purpose and character of your use; (2) the nature of the work you’re using (not your new work); (3) the amount/substantiality used; (4) the effect of the use on the market for the work you’re using. - see 17 U.S. Code § 107
  8. 8. Can fair use help when… • A professor who doesn’t like the course management system has a number of video clips from Hollywood movies from the 1960s to the 1990s. She wants to share them with her students for watching outside of class in preparation for class discussions about how the movies portray smoking. She plans to put them on YouTube. The clips range from under 30 seconds to over 5 minutes long.
  9. 9. Never “always” and never “never” (From http://en.wikipedia.org/wiki/Fair_use#Common_misunderstandings)
  10. 10. Some commercial fair uses • Bloomberg doesn’t need Swatch’s permission to publish an analyst call it wasn’t invited to • You can record TV to watch it later, and Sony can sell you VCRs to do it • Google can scan millions of books in their entirety
  11. 11. Trans…former..what? • “whether the new work . . . adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message” -Campbell v. Acuff-Rose, 510 US 569 - Supreme Court 1994
  12. 12. 1. Did the use “transform” the material taken from the copyrighted work by using it for a broadly beneficial purpose different from that of the original? 2. Was the material taken appropriate in kind and amount?
  13. 13. Examples • DK Publishing can sell Grateful Dead books that include images of concert posters • Turnitin doesn’t need student authors’ permission to maintain its database for plagiarism checking • The Harry Potter Lexicon would have been okay with less verbatim copying
  14. 14. Avoid re-inventing the wheel • Statistically significant factors • Transformativeness • Codes of Best Practice
  15. 15. arl.org/fairuse Other recent codes at http://www.cmsimpact.org/fai r-use/best-practices • Collections containing orphan works • Visual Arts
  16. 16. Still worried about certainty? You don’t have to be certain. – There’s a good faith fair use defense for libraries and their employees. – Sovereign immunity can be helpful for state institutions.
  17. 17. II. Creative Commons Licenses
  18. 18. The problem: copyright defaults don’t suit everyone
  19. 19. CC Licenses as a Solution • Require giving credit • Author keeps copyright ownership • Widely used (for all kinds of content) • Machine readable • Six different licenses to choose from Keys, USS Bowfin by Joseph Novak CC BY
  20. 20. CC BY: Attribution Bare bones by Caroline CC BY http://www.flickr.com/photos/hills_alive/8511444405/ Currently used by PLOS, BioMedCentral, Springer, Wiley, the Institute of Physics, and others.
  21. 21. The NonCommercial (NC) Restriction • E.g. http://creativecommons.org/licenses/ by-nc/3.0/legalcode • Some debate/confusion about what counts as “commercial” • Broadest possible reuse vs. discomfort with commercial activity Forex Money for Exchange in Currency Bank by epSos.de CC BY http://www.flickr.com/photos/epsos/8463683689/
  22. 22. The No Derivative Works (ND) Restriction • E.g. http://creativecommons.org/lice nses/by-nd/3.0/legalcode • No “translation, adaptation, derivative work,” etc. • Inclusions in collections and anthologies still allowed. • Encouraging as many translations as possible vs. tightly controlling them Building Blocks by tiffany terry CC BY http://www.flickr.com/photos/35168673@N03/6086229920/
  23. 23. The ShareAlike (SA) Restriction • E.g. http://creativecommons.org/l icenses/by-sa/3.0/legalcode • Applies to Adaptations, but not Collections • Ensures translations will be shared, but dictates translators’ choice of license Photo by Katie Fortney
  24. 24. Choosing a License Think about needs of • Creators/©owners • Readers • Adapters/remixers • Services and intermediaries Stone balancing! by Giles Turnbull CC BY-NC http://www.flickr.com/photos/gilest/132093750/
  25. 25. Resources and Tools • Creative Commons has LOTS of information and resources, – About the Licenses: http://creativecommons.org/licenses/ – NonCommercial (definitions and confusion): http://wiki.creativecommons.org/Defining_Noncommercial – ShareAlike: http://wiki.creativecommons.org/Share_Alike – Wiki, FAQs: http://wiki.creativecommons.org/FAQ • DOAJ proposed new critera: http://www.doaj.org/doaj?func=news&nId=303&uiLanguage=en • OASPA FAQ on licensing: http://oaspa.org/information- resources/frequently-asked-questions/
  26. 26. Which would you choose? Imagine you’ve been drafted to make a recommendation of which CC license to use for… • the UCI-authored content on the library website • an archival collection being digitized for online public access, and UCI owns the copyright
  27. 27. III. Author Agreements
  28. 28. “A what?”
  29. 29. Implied Licenses
  30. 30. Common terms • Originality & the like • What the publisher can do with the article • What the author can do with the article
  31. 31. Where can you find them? ?
  32. 32. A few examples… • Which would you prefer – As an author – As a publisher – As a reader?
  33. 33. What about eScholarship?
  34. 34. Questions?

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