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LBRY 3020Basic Copyright Law        Kelly Visnak     Scholarly Communication Librarian      University of Wyoming Librarie...
Publication (RegistrationCreation           and Certification)              Dissemination Manuscript & IP                 ...
disruption:Open Movement
internet                      editor                                       Peer-reviewers                 creation        ...
Fashion World  an open culture of creative innovation = profithttp://www.ted.com/talks/johanna_blakley_lessons_from_fashio...
What is copyright?          Copyright is a bundle of rights:   The right to reproduce the work   The right to distribute...
Who is an author?   3 scholars who do joint research and each write a    section of an article.   A book author and her ...
Who is the copyright holder?   The creator is usually the initial copyright    holder.   If two or more people jointly c...
How?•     You used to need a little c in a circle © and to    register your work with the copyright office.•   Not anymore...
Requirements for protection   An original work of authorship   Creativity (just a dash)   Fixed in a tangible medium of...
What copyright protects                          Copyright doesn’t protect…Copyright protects                           I...
As run the sands of time,   The bundle of copyrights lasts a long time:       Life of the author plus 70 years       Fo...
Quick review…   Protection is automatic once a work is fixed   Very little creative originality is necessary   Registra...
Fair UseFair Use is a statutory exception that allows the use of a copyrighted workfor certain purposes without requiring ...
TOOLS•   Know what you can do    http://www.knowyourcopyrights.org/bm~doc/ky    crmatrixcolor.pdf        call: 1-650-372-9...
Using Copyrighted WorksIt is against the law to reproduce copyrighted materials, in full or in part, without previous perm...
Author Rights in Publishing
Giving away copyright?                       No need!   Licensing allows specific rights to be retained:    • Authors kee...
Bundled vs. Unbundled   Rights publishers traditionally want:    • Reproduction,    distribution, derivatives…ALL!!   Ri...
“If…then” – the secrets of reuse   By the author    • If       full rights retained, then limitless              (within ...
It is your Right to Modify the         Publishing Agreement•   Distribution on campus•   Distribution off campus•   Archiv...
Take home points   We all own copyright until we sign it away   Contracts are negotiable, including publishing    contra...
••      This work was created by Kelly Visnak for University of Wyoming Libraries, February    2013 with use of slides and...
Questions...                   Kelly VisnakScholarly Communication Librarian kvisnak@uwyo.edu
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Copyright lbry30202013

  1. 1. LBRY 3020Basic Copyright Law Kelly Visnak Scholarly Communication Librarian University of Wyoming Libraries University of Wyoming
  2. 2. Publication (RegistrationCreation and Certification) Dissemination Manuscript & IP Editor Academic Publisher Library Peer Reviewers Reformulation
  3. 3. disruption:Open Movement
  4. 4. internet editor Peer-reviewers creation publication dissemination reformulation Publishers LibrariesDisaggregation of traditional system is in process…
  5. 5. Fashion World an open culture of creative innovation = profithttp://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_fr ee_culture.html Johanna blakely on TED.com www.ReadyToShare.org
  6. 6. What is copyright? Copyright is a bundle of rights: The right to reproduce the work The right to distribute the work The right to prepare derivative works The right to perform the work The right to display the workThe right to license any of the above to thirdparties
  7. 7. Who is an author? 3 scholars who do joint research and each write a section of an article. A book author and her editor. A photographer and the person whose picture he takes. A university librarian who writes a report for a library association and is paid $1500. The PI whose name is listed on a published article but who wrote no part of it.
  8. 8. Who is the copyright holder? The creator is usually the initial copyright holder. If two or more people jointly create a work, they are joint copyright holders, with equal rights. With some exceptions, work created as a part of a persons employment is a "work made for hire" and the copyright belongs to the employer.
  9. 9. How?• You used to need a little c in a circle © and to register your work with the copyright office.• Not anymore.• Copyright exists from the moment of creation, and lasts for the life of the author plus 70 years.• Copyright just happens.
  10. 10. Requirements for protection An original work of authorship Creativity (just a dash) Fixed in a tangible medium of expression
  11. 11. What copyright protects Copyright doesn’t protect…Copyright protects  Ideas Writing  Jokes Choreography  Facts  Recipes Music  Titles Visual art  Data Film  Useful articles (that’s patent) Architectural works
  12. 12. As run the sands of time, The bundle of copyrights lasts a long time:  Life of the author plus 70 years  For joint works, 70 years after death of last author  For works for hire or anonymous works, 95 years from publication or 120 years from creation, whichever expires first.
  13. 13. Quick review… Protection is automatic once a work is fixed Very little creative originality is necessary Registration is not necessary Joint authors each have equal, full copyright
  14. 14. Fair UseFair Use is a statutory exception that allows the use of a copyrighted workfor certain purposes without requiring permission. (See 17 USC § 107 ). 5• There is no easy formula for determining fair use, but there are four factors to consider:1) The nature of the work (factual, creative)2) The purpose of the use (educational, for-profit)3) Amount of the work being used4) The potential impact of the use on the market for the original.
  15. 15. TOOLS• Know what you can do http://www.knowyourcopyrights.org/bm~doc/ky crmatrixcolor.pdf call: 1-650-372-9934 Fair Use Visualizer http://www.benedict.com/Info/FairUse/Visualizer/Visuali zer.aspx Digital Copyright Slide Ruler http://www.librarycopyright.net/digitalslider/
  16. 16. Using Copyrighted WorksIt is against the law to reproduce copyrighted materials, in full or in part, without previous permission of the copyrightowner.If you need to include copyrighted source materials in your document, you must obtain written permission from thecopyright owner prior to its use.•Note: Copyrighted materials include: tables, charts, graphs, maps, questionnaires, illustrations, photographs, literaryworks, etc.Best Practice:• Add an appendix to your document • Showing the written permission you’ve secured from the author or publisher
  17. 17. Author Rights in Publishing
  18. 18. Giving away copyright? No need! Licensing allows specific rights to be retained: • Authors keep copyright and license other rights (e.g., first publication) • Publisherstake copyright and license rights back (e.g., reproduction, derivatives) Copyright can be transferred only in writing Addenda can be added to publication agreements to open the door for negotiating rights retention
  19. 19. Bundled vs. Unbundled Rights publishers traditionally want: • Reproduction, distribution, derivatives…ALL!! Rights publishers actually need: • Right of first publication…that’s it, really Specific rights can be bundled or unbundled by licenses (e.g., Creative Commons) or addenda (e.g., SPARC) or negotiation Open Access publishers usually do not require full transfer of copyright
  20. 20. “If…then” – the secrets of reuse By the author • If full rights retained, then limitless (within confines of law, that is) • Ifsome rights retained, then within limits of negotiated rights • If no rights retained, then fair use only By others • If published open access, then freely accessible – and possibly more • If published under a Creative Commons license, then within limits defined by the license • If published traditionally, then fair use only
  21. 21. It is your Right to Modify the Publishing Agreement• Distribution on campus• Distribution off campus• Archiving on website• Archiving in repository• Derivative creation• Performance• Display• Save a copy of your agreement.
  22. 22. Take home points We all own copyright until we sign it away Contracts are negotiable, including publishing contracts Think ahead to how you might want to use your work Experimentation via CC licenses, attaching addenda or negotiating isn’t scary and doesn’t negate peer-review prestige
  23. 23. •• This work was created by Kelly Visnak for University of Wyoming Libraries, February 2013 with use of slides and support information created by Lee Van Orsdel, Molly Keener and Sarah L Shreeves for the ACRL National Conference, Scholarly Communications 101 Workshop and then updated by Molly Kleinman and Kevin Smith in March of 2010.• This work is licensed under a Creative Commons Attribution Non-Commercial Share Alike 3.0 United States license: http://creativecommons.org/licenses/by-nc-sa/3.0/.
  24. 24. Questions... Kelly VisnakScholarly Communication Librarian kvisnak@uwyo.edu

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