This document discusses copyright, fair use, and institutional repositories. It provides an overview of copyright law and notes that while most works in institutional repositories are there with permission, fair use allows some content without permission. It describes the Code of Best Practices in Fair Use for Academic and Research Libraries, which provides guidelines for fair use of works in repositories. Specifically, it outlines that including copyrighted material in works deposited by their authors is generally fair use. For images, fair use applies to those included in works, while permission is needed for other images depending on original agreements. Open access policies can provide licenses for author works but not other copyrighted content included within them.
Presentation to Ignite 4 in Ann Arbor, MI on October 12, 2010. This presentation features information about creative commons licenses and how these licenses can be used to facilitate creativity and knowledge sharing, especially in an educational context
"I can just copy this, right?": Introducing students to copyrightCharles Huber
"I can just copy this, right?: Introducing Students to Copyright", presented at the 246th American Chemical Society National Meeting, Indianapolis, IN, on Sept. 11, 2013 as part of the "Before and After the Lab" symposium in the Division of Chemical Information
Presentation to Ignite 4 in Ann Arbor, MI on October 12, 2010. This presentation features information about creative commons licenses and how these licenses can be used to facilitate creativity and knowledge sharing, especially in an educational context
"I can just copy this, right?": Introducing students to copyrightCharles Huber
"I can just copy this, right?: Introducing Students to Copyright", presented at the 246th American Chemical Society National Meeting, Indianapolis, IN, on Sept. 11, 2013 as part of the "Before and After the Lab" symposium in the Division of Chemical Information
This was a session for the grade 9 WAB Student Learning Summit. This was an introduction for them to understand the concept of creative commons and for them to begin using it in their learning and publishing practices.
A presentation on the academic blogging for student interns at the University of Edinburgh covering: benefits of blogging, topics to blog about, writing for blogs, copyright and licensing, finding and using open licensed images.
Presentation given on April 20, 2010 at Columbia University. Introducing concepts around copyright and licensing in art museum and how they interact with Wikipedia's policies. Introducing the concept of "de-accessioning by copyright"
This is a workshop to provide grad students with practical guidance for navigating copyright questions and other legal considerations for their dissertation or thesis.
It was delivered over Zoom on 19 October 2020.
Creative Commons in Practice: Application, Search and Attribution - Cheryl Fo...Cheryl Foong
Presented at the Creative Commons seminar on 15 June 2012, at Australian Catholic University, Central Hall, Fitzroy, Melbourne.
http://creativecommons.org.au/ccmelb2012
Use of Creative Commons licences in the Creative sectors - Cheryl FoongCheryl Foong
Presentation on use of Creative Commons (CC) licences in the Creative sectors, and examples of new business models.
Presented at Creative Commons for You, and for Government free public seminar, on Friday 4 November 2011, National Library of Australia, Canberra (http://creativecommons.org.au/cc4youand4gov2011).
Lecture delivered at School of Journalism and Communication, University of Queensland, St Lucia, Brisbane, 27 August 2012.
It covers:
- Copyright basics
- What Creative Commons (CC) is
- Case studies
- How to find CC licensed material
- How to attribute CC licensed material
Understand how to incorporate blogging into your classroom and improve writing along with some tricks from teacher and edublogger Vicki Davis @coolcatteacher.
Clearer with the notes available from the notes tab below.
From a talk given at Harvard on 2 October 2014 discussing the choices needed for developing new scholarly communication platforms. The talk focusses on the institution perspective, seeing preservation and dissemination as a core part of the institutional mission. It discusses how the artificial divide between repositories and publishing as routes to wider access are disguising the real questions on resource allocation and preparation for the future
When wanting to maximize the return on the real estate you are selling, the most important step is hiring the "right" agent to represent your interests. The interview is the most critical step in this process. In fact, doing some Googleing of their name or team name can do nothing but give you more "insight" before your meeting with them. That could mean the difference between you hiring the "right realtor" and one that you are going to regret throughout the entire real estate selling process http://realtor.paris911.com is where we have our Top Santa Clarita Listing and Sellers blog located. This slideshare presentation will be posted in that location with some additional verbiage on the home sales process. Thanks for watching our Slideshare presentation on How to sell a home we are at http://paris911.com and will be here when you are ready.
I Hate Copyright (How to Find Millions of Public Domain and Creative Commons ...Laurence Baker
A presentation for "Tech Talk" which describes methods for finding and using photos for your slides, blogs, courses, books which do not violated copyright.
This was a session for the grade 9 WAB Student Learning Summit. This was an introduction for them to understand the concept of creative commons and for them to begin using it in their learning and publishing practices.
A presentation on the academic blogging for student interns at the University of Edinburgh covering: benefits of blogging, topics to blog about, writing for blogs, copyright and licensing, finding and using open licensed images.
Presentation given on April 20, 2010 at Columbia University. Introducing concepts around copyright and licensing in art museum and how they interact with Wikipedia's policies. Introducing the concept of "de-accessioning by copyright"
This is a workshop to provide grad students with practical guidance for navigating copyright questions and other legal considerations for their dissertation or thesis.
It was delivered over Zoom on 19 October 2020.
Creative Commons in Practice: Application, Search and Attribution - Cheryl Fo...Cheryl Foong
Presented at the Creative Commons seminar on 15 June 2012, at Australian Catholic University, Central Hall, Fitzroy, Melbourne.
http://creativecommons.org.au/ccmelb2012
Use of Creative Commons licences in the Creative sectors - Cheryl FoongCheryl Foong
Presentation on use of Creative Commons (CC) licences in the Creative sectors, and examples of new business models.
Presented at Creative Commons for You, and for Government free public seminar, on Friday 4 November 2011, National Library of Australia, Canberra (http://creativecommons.org.au/cc4youand4gov2011).
Lecture delivered at School of Journalism and Communication, University of Queensland, St Lucia, Brisbane, 27 August 2012.
It covers:
- Copyright basics
- What Creative Commons (CC) is
- Case studies
- How to find CC licensed material
- How to attribute CC licensed material
Understand how to incorporate blogging into your classroom and improve writing along with some tricks from teacher and edublogger Vicki Davis @coolcatteacher.
Clearer with the notes available from the notes tab below.
From a talk given at Harvard on 2 October 2014 discussing the choices needed for developing new scholarly communication platforms. The talk focusses on the institution perspective, seeing preservation and dissemination as a core part of the institutional mission. It discusses how the artificial divide between repositories and publishing as routes to wider access are disguising the real questions on resource allocation and preparation for the future
When wanting to maximize the return on the real estate you are selling, the most important step is hiring the "right" agent to represent your interests. The interview is the most critical step in this process. In fact, doing some Googleing of their name or team name can do nothing but give you more "insight" before your meeting with them. That could mean the difference between you hiring the "right realtor" and one that you are going to regret throughout the entire real estate selling process http://realtor.paris911.com is where we have our Top Santa Clarita Listing and Sellers blog located. This slideshare presentation will be posted in that location with some additional verbiage on the home sales process. Thanks for watching our Slideshare presentation on How to sell a home we are at http://paris911.com and will be here when you are ready.
I Hate Copyright (How to Find Millions of Public Domain and Creative Commons ...Laurence Baker
A presentation for "Tech Talk" which describes methods for finding and using photos for your slides, blogs, courses, books which do not violated copyright.
This is a presentation given to final year doctoral students at the London School of Hygiene & Tropical Medicine. It covers issues pertaining to copyright and open access publishing that students need to consider before submitting their thesis, as well as information on research data management and the actual process of submission.
Presentation on copyright in higher education. Topics include what copyright is, the purpose of copyright, using copyrighted works (permissions, exemptions, fair use), author rights, and open access.
Open Access GLAM: CC and the Public Domain for Galleries, Libraries, Archives...Jessicacoates
An updated presentation on Creative Commons and open access for galleries, libraries, archives and museums. Helps with what is out there, what you can do, and what others are doing.
CC in the Creative Sectors, Emerging Business Models, and How to use CC - App...ccAustralia
"Creative Commons in the Creative Sectors, Emerging Business Models, and How to Use CC licences" presented by Cheryl Foong as seminar 2 of 4 in the Creative Commons and the Digital Economy series, 2012. For full details see event page at http://creativecommons.org.au/events/digitaleconomy
OER: Find licensed material for teaching and presentationsOpen.Ed
Learn how to locate and identify licensed materials online to use in your own teaching and presentations.
When placing teaching and presentation materials into an open environment, e.g. outside of the closed classroom and up onto the web, we need to ensure that we are using openly licensed materials AND that we are providing correct attribution (this is as important as being able to correctly cite a paper).
In this session participants are invited to develop short visual presentations by locating and using openly licensed content. They will be guided through the process of finding, reusing, and sharing open content, learning about licenses along the way.
The session will cover:
The differences between Open Access, Open Educational Resources, Copyright materials, and Licensed materials.
How to identify licensed materials and which licences suit various type of usage.
How to search on a variety of platforms for licensed materials (e.g. Google, Flickr, Vimeo, Wikimedia Commons).
How to correctly attribute materials that you have used.
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2. Today:
1. Copyright: some basic
framework
2. Institutional Repositories
& Fair Use
3. Articles covered by an OA
policy as a particular example
Road by Moyan Brenn CC BY http://www.flickr.com/photos/aigle_dore/5951719653/
3. 1. Copyright
Copyright covers
“original works of
authorship fixed in any
tangible medium of
expression…”
– 17 U.S.C. § 102
desk by Nina Hale www.ninahale.com CC BY http://www.flickr.com/photos/94693506@N00/384314276/
4. A copyright owner has an exclusive
right to control:
• Reproduction
• Distribution
• Public
performance and
display
• The creation of
derivative works
– 17 U.S.C. § 106
All That Love All Those Mistakes, Thomas Hawk CC BY-NC http://www.flickr.com/photos/thomashawk/290555514/
5. (unless an exception applies)
Like:
• §108 – some things
libraries can do
• §109 – first sale;
things you can do
with stuff you own
• §110 – classroom
performance
• §107 – fair use! (more
on that one later)
Week 12 ~ Patterns ~ by Nina Matthews CC BY http://www.flickr.com/photos/21560098@N06/8166233559/
6. Q: Who’s the copyright owner?
A: The author(s).*
(Unless and until
ownership is transferred to
someone else.**)
*With works made for hire, the
employer is deemed the author.
**Like a publisher. Or an heir. Or a purchaser.
Or a parent/successor company. Or…
house for sale by owner by Images Money CC BY http://www.flickr.com/photos/59937401@N07/5688027414/
7. 2. Institutional Repositories
IRs “house and provide access to a
variety of different kinds of material
directly related to their institutions’
activities, including scholarship of faculty
and graduate students as well as
documentation of institutional histories.”
- Code of Best Practices in Fair Use for Academic and Research Libraries
8. Most works in an IR will be
protected by copyright.
The IR is reproducing and
distributing them. How is this okay?
1. Permission
2. Fair use
Tiny & Huge by Annie Kavanagh CC BY http://www.flickr.com/photos/spencersbrookfarm/3139409835/
9. Most works in IRs are there with the
permission of the copyright owner…
• Faculty
• Students
• Staff
• University
• Publishers
Crowd by James Cridland CC BY http://www.flickr.com/photos/jamescridland/613445810/
10. …but some things rely on fair use.
i.e., when permission for
a use isn’t needed, based
on a carefully weighed
analysis of four factors:
• Purpose of the Use*
• Nature of the work
being copied**
• Amount of the
copyrighted work being
used***
• Effect on the
market****
- 17 U.S.C. § 107
Stone balancing! by Giles Turnbull CC BY-NC http://www.flickr.com/photos/gilest/132093750/
11. You can also collapse those four
factors as…
1. Was the use “transformative”?
2. Did it use an amount of the original
appropriate to its transformative
purpose?
The Art of Repurposing Workshop by Artfully Unforgotten CC BY-NC
http://www.flickr.com/photos/artfullyunforgotten/7694050984/
12. But that’s still not
helpful for a lot of us.
Enter: Codes of Best
Practices in Fair Use
• Common
situations when
communities of
practice believe a
use is fair
Roslyn_cat by Joshin Yamada CC BY http://www.flickr.com/photos/oceanyamaha/186146223/
13. The Code of Best Practices for
Academic & Research Libraries was
developed by librarians.
• E-reserves
• Preservation
• Digital special
collections
• Web archiving
• Institutional
repositories
• …and more
- arl.org/fairuse
14. Principle 6
“It is fair use for a library to
receive material for its
institutional repository, and
make deposited works
publicly available in
unredacted form,
including items that
contain copyrighted
material that is included
on the basis of fair use.”
organized food bank by InteliusInc CC BY-NC http://www.flickr.com/photos/inteliusgal/6427040045/
15. But only if you comply with the
Limitations
• Make it easy for
copyright owners to
object, and respond
promptly to their
objections.
• Educate authors
about fair use so
they can make
informed choices.
• Provide attribution.
Path through the Dunes by William Warby CC BY http://www.flickr.com/photos/wwarby/4859734760/
16. Optionally, you can also use the
Enhancements
• Have a clear policy
about appropriate
use of quotations,
illustrations, etc.,
in scholarship.
• Provide advice
about particular
uses on request.
L’s cake by fras1977 CC BY-NC http://www.flickr.com/photos/fras/4541258297/
17. How much IR content
will this help with?
Bits of stuff included as
fair use in larger works
that authors are
depositing, when they
own the copyright in
the larger work, or
have permission to
deposit it.
Stone Wall by Randen Peterson CC BY http://www.flickr.com/photos/chefranden/7146433683/
18. When do you need something else?
• Works created for a
much smaller
audience
(sometimes)
• Whole big works
(think about other
fair use arguments)
• Included bits where
the author signed a
permission
agreement (probably)
Collapsed railroad train bridge by US Army Corps of Engineers CC BY
http://www.flickr.com/photos/usacehq/5905084113/
19. 3. Open Access Policies
Institutional OA
Policies create a
license in faculty
articles
Faculty institution faculty repository (& users)
Cascade by oatsy40 CC BY http://www.flickr.com/photos/oatsy40/8434845889/
20. You can only give permission for
things you control.
Sharing is Caring <3 by FromSandToGlass CC BY http://www.flickr.com/photos/ericabreetoe/5962757367/
21. Images in faculty articles affected
by the OA policy might come from:
• Museums
• Image archives
• Web searches
• Others’ scholarly
articles
… anywhere.
Some will be used with
permission. Others
without.
The Industrial Gallery by Birmingham Museum and Art Gallery CC BY-NC
http://www.flickr.com/photos/birminghammag/4014209134/
22. Images included as fair use will
generally be fair use.
Fair use in article
as published
Fair use in
repository
(Principle #6)
Waterslide on Carnival Conquest by Calgary Reviews CC BY
http://www.flickr.com/photos/calgaryreviews/5776600920/
23. For images used with permission…
it depends.
Read the
image
agreement
OA archiving
does not
violate the
agreement
Treat like
any other
article – post
it!
OA archiving would
violate the
agreement
Waive the
policy for
that article*
Deposit only for
dark archiving
(e.g. in Merritt)
MCS Book Depository by Jonathan Haeber http://www.flickr.com/photos/tunnelbug/3635140550/
24. *What if the author wants to put an
article in eScholarship but is worried
about the included material?
• Instead of getting a waiver, she or he could
– Ask for new/more permission for the
incorporated image
– Find a different image or a version from a
different source
– Deposit a version of the article without the image
• In any case, the policy’s license is only going
to apply to what the author has written, not
the images.
Fresh produce at the Byward Market by Jamie McCaffrey CC BY
http://www.flickr.com/photos/15609463@N03/7578738408/
25. We should only rely on fair use in good
faith. Sometimes this means taking
small risks in support of our mission.
Helpful things:
a) Sovereign immunity
b) 504(c)(2): “reasonable
grounds”; “employee or agent
of a nonprofit educational
institution, library, or archives”
Suits of Armor by Chris Waits CC BY http://www.flickr.com/photos/chriswaits/5705697075/