The document provides an overview of copyright in teaching and research, outlining key concepts such as copyright rights, what copyright protects and does not protect, and the process for obtaining permissions. It discusses copyright exemptions relevant to academic environments, including fair use and classroom exemptions, as well as the importance of Creative Commons licenses. The document also includes examples and scenarios to illustrate copyright issues and permissions in the context of scholarly work.

1. Copyright in Teaching &
Research
Melanie T. Kowalski, MLIS
Copyright & Scholarly Communications Librarian
TPC+R 2016
January 21, 2016
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

2. DISCLAIMER
This presentation contains legal information. It in no way
constitutes legal advice. Should you feel you need legal
advice, please seek the counsel of an attorney experienced
in Intellectual Property Law.
2

3. By the end of this session you should…
• Have a basic understanding of copyright
• Know how to seek copyright permission
• Know what copyright exemptions apply to
scholarly work and teaching
• Know how to find works licensed under the
Creative Commons
• Know how to apply a Creative Commons
License to your own work
3

4. Quick Poll
4Image source: http://pixabay.com/en/elections-vote-sheet-paper-pen-536656/

5. Copyright Law - A quick overview
5“Large copyright graffiti sign on cream colored wall” by
Horia Varlan is licensed under CC BY 2.0

6. What is copyright?
“The Congress shall have Power To….promote the
Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and
Discoveries”
US Constitution, Article 1, Section 8
6

7. What are the “rights” in Copyright?
 The rights of the copyright owner are:
 To reproduce the work
 To prepare derivative works
 To distribute copies of the work
 To publicly perform the work
 To publicly display the work directly or by
telecommunication
 To publicly perform a sound recording by digital
means
7

8. Original works of authorship fixed in a
tangible medium of expression
What does Copyright Protect?

9. What types of things are copyright protectable
in an academic environment?
9
Image sources:
• http://en.wikipedia.org/wiki/Science_(journal)#/media/File:Science_1
883_Cover.png
• http://pixabay.com/en/book-books-old-old-books-read-97709/
• http://en.wikipedia.org/wiki/History_of_photography#/media/File:Phot
ographer-studio-1893.jpg
• “website” by medithIT is licensed under CC BY 2.0
• http://pixabay.com/en/united-nations-logo-organization-40418/
• http://en.wikipedia.org/wiki/Video_clip#/media/File:Video_icon2.png

10. What doesn’t Copyright Protect?
• Titles, names, short phrases, slogans
• Facts, news and discoveries
• Ideas, procedures, methods, systems,
processes
• Works lacking a modicum of originality
• Works created by the U.S. Federal government
• Useful articles/Items of Utility
For more a fun explanation see New Media Rights video: https://youtu.be/P4LG95nWNa4
10

11. Duration of the Copyright protection
• Copyright law grants exclusive rights to
copyright owners
– Vest @ moment of creation
– Term = life of the author + 70 years
– Copyright notice ( © ) not required
– When copyright expires, work enters the public
domain
• Anything published in the US pre-1923
• Anything published in a foreign country pre-1909
11

12. Registering Copyright
• Registration with Copyright Office = not required
since 1976
• Might be a good idea if….
– you want a public claim to ownership
– you might sue someone some day
• Procedural step – must register before you can file suit
• Want statutory damages and/or attorneys fees – must
register within 3 months of publication or prior to infringement

13. Copyright Basics Exercise
Scenario: You are conducting research for a book
about Sir Flinders Petrie. You come across an
image of Sir Flinders that you want to use as your
book cover. The image was originally created in
the UK in 1910 and published in 1913. It was later
published in the US in 1917.
Do you need to get permission to use the image
on your book cover?
13

14. Permissions
14
“Permission” by Mimi and Eunice is licensed under CC BY SA 3.0

15. Types of Permission
• Copyright Permission
– Legal requirement to avoid copyright infringement
liability
• Archival “Use” or “Publication” Permissions
– Institutional requirement
– Grants permission to access
– Outlines citation/attribution requirements
15

16. How to Obtain Permission
• Identify the © owner
– Start with a licensing organization
– http://www.copylaw.com/new_articles/permission.html
• Contact the © owner in writing and include:
– Exact material to be used
– Intended use of the material
– Form of publication
16

17. Permissions
• Example Permissions Letters:
– Columbia
University:http://copyright.columbia.edu/copyright/per
missions/requesting-permission/model-forms/
– University of Michigan:
http://guides.lib.umich.edu/content.php?pid=289569&
sid=2380205
– Cornell
University:https://copyright.cornell.edu/services/
17

18. Permissions Help?
18
Bielstein, Susan M. Permissions, a Survival Guide: Blunt Talk about
Art as Intellectual Property. Chicago: U of Chicago, 2006.

19. Again, When Permission Isn’t Needed
• Work is in the public domain
• Creative Commons licensed material
• When you are the creator and have retained the
rights to re-publish
• When you can apply a Copyright Exemption (Fair
Use, Section 108, Classroom Teaching, etc.)
19

20. The Copyright Exemptions
20

21. Copyright Exemptions
• Classroom Use Exemption – Section 110 (1)
• TEACH Act Exemption – Section 110 (2)
• Fair Use – Section 107
21

22. Copyright Exemption – Classroom Teaching
• All performance and displays (including
music, images, videos) of a work are not an
infringement of copyright, as long as:
– In the course of face-to-face teaching
– It takes place in a classroom or similar place devoted
to instruction
– The work is lawfully obtained
22

23. Copyright Exemptions Exercise
Scenario: You are teaching a class on the ecology
of Africa. You want to show a National Geographic
documentary on Zimbabwe in your class. The
library does not have a copy, but you bought one
from PBS.
Are there any copyright issues to be aware of?
23

24. Copyright Exemptions Exercise – Follow-Up
Scenario: You realize that you don’t have time in
your syllabus to take a whole class period to watch
the National Geographic Video about Zimbabwe.
You decide you’ll just assign the video to your
class as homework. You digitize the video and put
in on Blackboard.
Are there any copyright issues to be aware of?
24

25. Copyright Exemptions Exercise – Follow-Up
Scenario: In preparation for your Wednesday class, you
find an article in the New York Times Sunday edition about
the varied flora on the African Continent. You want your
class to read the article together in class and discuss it in
relation to your central topic for that week of class.
– Could you make physical copies of the article and distribute
them in your class without permission?
– Could you post the article on your class’s public Scholar Blogs
site?
– Could you email the article as a pdf to your students?
– If you want to include the article as reading material for next
semester’s class, does anything change?
25

26. Reserves vs. Blackboard vs. Wordpress
• From Emory’s Blackboard Site:
If you’re interested in posting content…for which you do
not own the copyright, please work through the
Reserves Direct system, and library staff will assist you
with permissions, fair use, public domain, and other
issues. It is a university requirement that copyrighted
content for course reserves be managed through the
Reserves Direct
26

27. Copyright Exemption - Fair Use
27
♡2015 by Mimi and Eunice. Copying Art is an act of love. Please copy and share. For lack of a better option, all Mimi & Eunice cartoons are released under Creative Commons
Attribution-Share Alike 3.0 Licenses.

28. “It’s educational, so it’s a fair use.”
28

29. Copyright Exemption - Fair Use
Title 17 § 107 – Limitations on exclusive rights:
Fair Use
 Four Factors:
 Purpose and Character
 Nature of the copyrighted work
 Amount of the use
 Effect on the market or value for the copyrighted work
29

30. Fair Use – Case Study
A researcher is publishing a scholarly article about the lyrical
references to love and marriage in the popular music of 1960s. In order
to successfully make her argument, she analyzes the lyrical content of
Rolling Stone Readers’ Top 10 Songs of the Sixties. To successfully
make her argument, she needs to include quotes from the lyrics of five
songs:
• “Like A Rolling Stone” by Bob Dylan
• “Satisfaction” by The Rolling Stones
• “Light My Fire” by The Doors
• “Whole Lotta Love” by Led Zeppelin
• “God Only Knows” by The Beach Boys
She is only using the part of the lyrics necessary to convey her
scholarly point. She attributes lyrics appropriately, consistent with the
journal’s citation style guidelines.
Could she argue fair use for this use? 30

31. Copyright Exemption - Fair Use
Factor #1 – Purpose and Character
31“Autonomy, Mastery, Purpose” by Paul Downey is licensed under CC BY 2.0. It has been modified for the purposes of this presentation.

32. Copyright Exemption - Fair Use
What do we mean when we talk about
transformative fair use?
32
Transformative Fair Use Variance:
http://www.nolo.com/legal-encyclopedia/fair-use-what-
transformative.html

33. Fair Use – Case Study
A researcher is publishing a scholarly article about the lyrical
references to love and marriage in the popular music of 1960s. In order
to successfully make her argument, she analyzes the lyrical content of
Rolling Stone Readers’ Top 10 Songs of the Sixties. To successfully
make her argument, she needs to include quotes from the lyrics of five
songs:
• “Like A Rolling Stone” by Bob Dylan
• “Satisfaction” by The Rolling Stones
• “Light My Fire” by The Doors
• “Whole Lotta Love” by Led Zeppelin
• “God Only Knows” by The Beach Boys
She is only using the part of the lyrics necessary to convey her
scholarly point. She attributes lyrics appropriately, consistent with the
journal’s citation style guidelines.
Could she argue fair use for this use? 33

34. Copyright Exemption - Fair Use
Factor #2 – Nature of the copyrighted work
34“Rossville Boardwalk Wolf River” by Gary Bridgman is licensed under CC-BY 2.5.

35. Fair Use – Case Study
A researcher is publishing a scholarly article about the lyrical
references to love and marriage in the popular music of 1960s. In order
to successfully make her argument, she analyzes the lyrical content of
Rolling Stone Readers’ Top 10 Songs of the Sixties. To successfully
make her argument, she needs to include quotes from the lyrics of five
songs:
• “Like A Rolling Stone” by Bob Dylan
• “Satisfaction” by The Rolling Stones
• “Light My Fire” by The Doors
• “Whole Lotta Love” by Led Zeppelin
• “God Only Knows” by The Beach Boys
She is only using the part of the lyrics necessary to convey her
scholarly point. She attributes lyrics appropriately, consistent with the
journal’s citation style guidelines.
Could she argue fair use for this use? 35

36. Copyright Exemption - Fair Use
Factor #3 – Amount of use
36“’An American Gentleman’, United States, New York, Long Island, East Hampton, Gardiners Bay” by Chris Ford is licensed under CC-BY-NC 2.0

37. Fair Use – Case Study
A researcher is publishing a scholarly article about the lyrical
references to love and marriage in the popular music of 1960s. In order
to successfully make her argument, she analyzes the lyrical content of
Rolling Stone Readers’ Top 10 Songs of the Sixties. To successfully
make her argument, she needs to include quotes from the lyrics of five
songs:
• “Like A Rolling Stone” by Bob Dylan
• “Satisfaction” by The Rolling Stones
• “Light My Fire” by The Doors
• “Whole Lotta Love” by Led Zeppelin
• “God Only Knows” by The Beach Boys
She is only using the part of the lyrics necessary to convey her
scholarly point. She attributes lyrics appropriately, consistent with the
journal’s citation style guidelines.
Could she argue fair use for this use? 37

38. Copyright Exemption - Fair Use
Factor #4 – Effect on the market or value of the
copyrighted work
38“Houses going down” by Images Money is licensed under CC-BY 2.0

39. Fair Use – Case Study
A researcher is publishing a scholarly article about the lyrical
references to love and marriage in the popular music of 1960s. In order
to successfully make her argument, she analyzes the lyrical content of
Rolling Stone Readers’ Top 10 Songs of the Sixties. To successfully
make her argument, she needs to include quotes from the lyrics of five
songs:
• “Like A Rolling Stone” by Bob Dylan
• “Satisfaction” by The Rolling Stones
• “Light My Fire” by The Doors
• “Whole Lotta Love” by Led Zeppelin
• “God Only Knows” by The Beach Boys
She is only using the part of the lyrics necessary to convey her
scholarly point. She attributes lyrics appropriately, consistent with the
journal’s citation style guidelines.
Could she argue fair use for this use? 39

40. Fair Use – Case Study Re-cap
• Factor #1 - Favors Fair Use
– Scholarly, non-commercial, transformative in nature
• Factor #2 – Neutral to Favors Fair Use
– Published, highly creative
• Factor #3 – Favors Fair Use
– Small quantitative amount, likely small qualitative
amount
• Factor #4 – Favors Fair Use
– Use stimulates market for original work, use doesn’t
substitute for sale of the original, many copies made
40

41. Codes of Best Practices in Fair Use
• Code of Best Practices in Fair Use for Academic and Research
Libraries
• Documentary Filmmakers’ Statement of Best Practices in Fair Use
• Code of Best Practices in Fair Use for Media Literacy Education
• Code of Best Practices in Fair Use for Scholarly Research in
Communication
• Code of Best Practices in Fair Use for Online Video
• Orphan Works: Statement of Best Practices
• Code of Best Practices in Fair Use for Poetry
• Code of Best Practices in Fair Use for the Visual Arts
41

42. The Creative Commons License
42

43. What is the Creative Commons?
43
“C-Clones or Creative Commons” by Kristina Alexanderson; This image is being used
under a CC-BY-NC-SA license.

44. What are the Licenses
44
Attribution
CC-BY
Attribution-NoDerivs
CC-BY-ND
Attribution-ShareAlike
CC-BY-SA
Attribution-
NonCommercial
CC-BY-NC
Attribution-
NonCommercial-
ShareAlike
CC-BY-NC-SA
Attribution-
NonCommercial-No
Derivs
CC-BY-NC-ND
“No Rights Reserved” Public Domain Mark

45. Selecting a CC License for your Content
https://creativecommons.org/choose/
45

46. 46

47. Creative Commons Exercise
creativecommons.org/choose/
Scenario: Sue has created a video for her website. The
video includes original content that she created. She wants
to share the video with the world using a Creative
Commons License. She wants people to be able to remix it,
quote it, or create other works with it, as long as they also
share their work openly too. She does not care if someone
profits from their use of the video.
Which CC License should Sue choose??
47

48. Using CC Licensed Content
• Proper Creative Commons attribution should
include:
– The name or user ID of the creator
– The title of the work, if any
– The Creative Commons license under which the
original work is available
– A reproduction of any copyright notices the creator
included
– If you’ve made a derivative work, an identification that
your work is derivative
48

49. Example:
49
“Moses…” by Giovanni (giopup @ flickr); This image is
being used under a CC-BY-SA license.
“Moses…” by Giovanni (giopup @ flickr); This image is
being used under a CC-BY-SA 2.0 license.

50. Searching for CC Licensed Content
search.creativecommons.org
50

51. 51

52. 52

53. 53

54. Exercise - Finding CC Content
Scenario:
You are creating an openly available online
textbook about the representation of God. You
would like to include images on the site. You want
to make sure that you can edit and modify the
images to your liking.
Find three images with CC-licenses that would
allow you to use them on the site.
54

55. Applying a CC License to your work
• If your original content, use CC Choose a
License Tool
http://creativecommons.org/choose/
• If remix of content, use OER IPR Support
Creative Commons License Compatibility
Wizards -
http://www.web2rights.com/OERIPRSupport/cre
ativecommons/
55

56. 56“The Hatchy Question Mark” by EarWaxKid is licensed under CC BY 3.0

57. BONUS SLIDES:
So you want to publish?
57

58. Authors Rights
REMINDER
• The rights of the copyright owner are:
• To reproduce
• To prepare derivatives
• To distribute copies
• To publicly perform the work
• To publicly display the work directly or by
telecommunication
• To publicly perform a sound recording by digital
means
58

59. Author Rights
Author/Creator is the copyright owner until, and
unless, he/she sign away those rights.
Copyright ownership can only be transferred in
writing or by inheritance, which is why authors are
asked to sign Author Agreements.
59

60. Authors Rights
• Which of these rights do publishers need?
• To reproduce
• To prepare derivative
• To distribute copies
• To publicly perform/display the work
• Which of these rights do publishers traditionally
include in author agreements? – Let’s look at
some examples!
60

61. Author Agreements - Journals
Journal: Obstetrics and Gynecology
Full agreement and repository requirements
available at:
http://edmgr.ovid.com/ong/accounts/agreementfor
m.pdf
61

62. Author Agreement - Journals
Journal: Nature
Full agreement available at:
http://npg.nature.com/pdf/05_news.pdf
62

63. Author Agreement - Journals
Helpful tips for academic authors BEFORE YOU
SIGN:
• Read the agreement thoroughly
• Anticipate your future needs
– Right to use your work in classroom, lectures, professional
activities
• Negotiate
– Amend the publisher’s agreement
• Author Addenda can provide guidance on preferred terms for
Author Agreements
– SPARC Author Addendum -
http://www.sparc.arl.org/resources/authors/addendum
– Science Commons Scholar’s Copyright Addendum Engine -
http://scholars.sciencecommons.org

64. Author Agreements - Books
• Still most commonly a transfer of copyright from
the author to the publisher
• Not as common for author to have re-use rights
• Much more common for publishers to be willing
to negotiate
64