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  1. 1. This work is supported by a National Science Foundation (NSF) collaboration between the Directorates for Education and Human Resources (EHR) and Geociences (GEO) under grant DUE - 1125331 Copyright Professional Development Webinar The webinar begins at: 9 am PST | 10 am MST | 11 am CST | 12 pm EST For audio, follow the prompts (if you closed the dialog box, log out of Adobe Connect and log in again)
  2. 2. Copyright Webinar Leaders Josh Caulkins InTeGrate Assessment Team Sean Fox Technical Director SERC
  3. 3. Goals of this webinar • Assess the copyright situation of potential InTeGrate materials. • Identify an appropriate range of options with which they might 'deal' with the copyright requirements of potential InTeGrate materials. • Correctly record the provenance and reuse details of material they upload into the CMS for their InTeGrate module. • Explain what the end users of InTeGrate are allowed to do with InTeGrate materials.
  4. 4. IANAL • Copyright is messy and there are few unambiguous answers. • We are talking only about copyright in the context of sharing materials through InTeGrate (and SERC) • Consider who has your back (i.e. your institution) and what their policies are in weighing your own risk. • “But Sean said” is a poor legal defense.
  5. 5. Two Central Concerns 1. Not publishing materials that are going to get ‘us’ sued 2. Publishing materials with clear statements about what the allowed uses are. So faculty using the materials don’t have to spend energy worrying about getting sued.
  6. 6. Copyright in one slide • Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. • Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. • Exclusive rights to: – reproduce the copyrighted work; – prepare derivative works based upon the work; – distribute copies of the work to the public; – perform the copyrighted work publicly; and – display the copyrighted work publicly. • Good for life of the author + 70 years.
  7. 7. But not everything is copyrightable • Works created before 1923 • Works created by federal employees as part of their job • Titles, names, short phrases • In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. (this includes data and other facts)
  8. 8. Fair Use Fair Use allows you to violate someone’s exclusive copyright in some circumstances. The factors that are considered are: • the purpose and character of your use • the nature of the copyrighted work • the amount and substantiality of the portion taken, and • the effect of the use upon the potential market. The only way to be sure a use is fair use is to get sued and let a court decide. There are guidelines offered by various organizations. Use within the bounds of your classroom is generally okay. Publishing materials to the whole world and hoping they use them for educational purposes is probably not fair use. More importantly it’s not helpful to people trying to use your materials. They are left to their own devices to decide if their use is fair.
  9. 9. Attribution, Academic Honesty and Copyright The Academy has a deep-seated notion of the importance of the provenance of an idea. ‘Stealing’ other people’s ideas is unethical. Giving them credit negates the ‘stealing’. This is entirely unrelated to copyright. Ideas are not copyrightable. Attribution does not change the copyright situation. Your use may be legal but unethical, or ethical but illegal. There’s a confusing connection when licenses tie attribution to copyright.
  10. 10. InTeGrate, Copyright and the Materials You Create • InTeGrate (and SERC) assumes you are the copyright holder unless you tell us otherwise. • InTeGrate holds the copyright for it’s modules and courses. • Materials are offered under a Creative Commons license. (Attribution, NonCommercial, ShareAlike) • Exceptions to this are usually around files and images you upload. You have the primary responsibility for making sure those have ‘appropriate’ rights and they are documented.
  11. 11. So you’re not the copyright holder... • Is it copyrightable? • Does it have an existing license for use? • Can I get permission? • Can I find/make a substitute? • Perhaps just link to it? Will the link last? • Leave it to the instructor. They might have a license (or be able to claim fair use). • Ask your webteam person if you aren’t sure!
  12. 12. When you upload a file…. • Fill it out accurately the first time • What you write will be public and attributed to you. • You can edit it later. So if you don’t have rights now say so and change it when you do. • If the file contains multiple resources (e.g. a powerpoint) include the details in the file itself and make a note of that here. • InTeGrate will do a plausibility check before your materials go live. • If you include text (rather than uploaded files) that you didn’t create let us know.
  13. 13. From survey responses: • We are developing a set of lessons, where we will develop some exercise problems. Would it be fine to include problems directly from textbooks or web sources (lectures notes from universities around)? • To what extent am I beholden to ask permission to use textbook images of the publishers of the textbooks which I used, say, 8 years ago, if it's (a) a different textbook than I use now, and (b) a different edition of the textbook than is available now? • • Why do companies allow their videos to be "embeddable" if they have a copyright on them? • I assume that if we don't hear back anything from a copyright request that we cannot use it?