2005 dw copyright

COPYRIGHT OVERVIEW: 

COPYRIGHT OVERVIEW October 10, 2005

What is copyright?: 

What is copyright? The exclusive right to the publication, production, or sale of the rights to a literary, dramatic, musical, or artistic work, or to the use of a commercial print or label, granted by law for a specified period of time to an author, composer, artist, distributor, etc. Webster’s New World Dictionary of the American Language. Second College Edition. 1986. N.Y.: Prentice Hall Press.

What is copyright?: 

What is copyright? In the United States, copyright law protects the authors of 'original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works.' This protection covers both published and unpublished works, regardless of the nationality or domicile of the author. It is unlawful for anyone to violate any of the rights provided by copyright law to the owner of a copyright. Copyright Basics: Introduction. Copyright Clearance Center. http://www.copyrightoncampus/basics/index.asp. Accessed August 7, 2005.

How Is Copyright Obtained?: 

How Is Copyright Obtained? Automatic copyright U.S. Copyright Office http://www.copyright.gov

Laws: 

Laws Copyright Act of 1976 http://lcweb.loc.gov/copyright/title17/ Section 107 – Fair Use Section 108 – Reproduction by libraries and archives Section 110 – Educational exemptions

Laws: 

Laws Digital Millennium Copyright Act, 1998 Allows more copies for preservation andamp; archival purposes Prohibits circumvention of technology that prevents access to a work Prohibits manufacture or sale of anti-circumvention technologies

Laws: 

Laws DMCA Prohibits removal or alteration of copyright management information Limits liability of online service providers (OSP) Notice andamp; takedown (OSP responsibility) Educate staff about the law

Laws: 

Laws Copyright Term Extension Act, 1998 Adds 20 years to the duration of copyright Life of author plus 70 years Joint work – 70 years after last surviving author’s death Works made for hire – 95 years from year of first publication or 120 years from year of creation, whichever expires first

Resources: 

Resources When U.S. Works Pass into the Public Domain http://www.unc.edu/~unclng/public-d.htm Primer on the Digital Millennium [includes CTEA] http://www.arl.org/info/frn/copy/primer.html

Laws: 

Laws Technology, Education, and Copyright Harmonization (TEACH) Act, 2002 Expands categories of works that can be performed in distance education Removes concept of a physical classroom Accredited, nonprofit educational institution Institution must meet stringent requirements

TEACH Act Requirements*: 

TEACH Act Requirements* WHO Accredited nonprofit educational institution or governmental body

TEACH Act Requirements*: 

TEACH Act Requirements* WHAT Performances of nondramatic literary works Performances of nondramatic musical works Performances of reasonable portions of any other work Display of any other work in an amount comparable to that typically displayed in a live classroom setting

TEACH Act Requirements*: 

TEACH Act Requirements* BUT NOT Digital educational works Unlawful copies

TEACH Act Requirements*: 

TEACH Act Requirements* WHEN By, at the direction of, or under the actual supervision of an instructor As an integral part of a class session As part of systematic mediated instructional activities Directly related and of material assistance to the teaching content

TEACH Act Requirements*: 

TEACH Act Requirements* HOW Transmission made solely for and reception limited to (as technologically feasible) students enrolled in the course Downstream controls – Technological measures that reasonably prevent: Retention in accessible form for longer than a class session Unauthorized further dissemination in accessible form No interference with copyright holder’s technological measures that prevent such retention and dissemination

TEACH Act Requirements*: 

TEACH Act Requirements* CONVERSION ANALOG TO DIGITAL Conditions allowing conversion: No digital version available to the institution OR Available digital version is technologically protected to prevent TEACH uses

TEACH Act Requirements*: 

TEACH Act Requirements* GENERAL INSTITUTIONAL REQUIREMENTS Promulgate copyright policies Provide accurate information about copyright Promote copyright compliance Provide notice to students that course materials may be copyrighted

TEACH Act Requirements: 

TEACH Act Requirements From: Hoon, Peggy E. The TEACH Toolkit; An Online Resource for Understanding Copyright and Distance Education. 2002. http://www.lib.ncsu.edu/scc/legislative/teachkit/ Accessed August 18, 2005. Expanded TEACH Checklist. http://www.lib.ncsu.edu/scc/legislative/teachkit/expanded_checklist.pdf Accessed August 18, 2005.

TEACH Act -- Resources: 

TEACH Act -- Resources TEACH Act. http://www.ala.org/ala/washoff/WOissues/copyrightb/distanceed/Default3685.htm#newc

TEACH Act -- Resources: 

TEACH Act -- Resources TEACH Act Comparison Chart. http://www.unc.edu/%7Eunclng/TEACH.htm The TEACH Act Finally Becomes Law. http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm

Pending Legislation: 

Pending Legislation ALA Washington Office Newsline (ALAWON) listproc@ala.org Subscribe ala-wo [your_firstname] [your_lastname] Copyright Agenda at a Glance http://www.ala.org/copyright Pending Copyright Legislation http://www.loc.gov/copyright/legislation

Fair Use: 

Fair Use Fair use is a concept unique to U.S. law that provides a defense to copyright infringement in certain special situations. If a use is a fair use, then one may copy an otherwise protected work without permission from the copyright owner and without the use being deemed an infringement. Handbook for Digital Projects: A Management Tool for Preservation and Access. 2000. Andover MA: Northeast Document Conservation Center.

Fair Use: 

Fair Use Fair use is an exception to exclusive rights of copyright owners, and it is only available for limited uses for such purposes as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Depending upon the balance of the…four factors, copying for these purposes is not an infringement under U.S. law. Handbook for Digital Projects.

Fair Use: 

Fair Use Fair use must be determined by the person making the material available Basic rules of fair use analysis: There are no clear cut standards – analysis is on a case by case basis No single factor is determinative

Fair Use: 

Fair Use We would all appreciate a clear crisp answer…but far from clear and crisp, fair use is better described as a shadowy territory whose boundaries are disputed, more so now that it includes cyberspace than ever before. In a way, it’s like a no-man’s land. Enter at your own risk. Crash Course in Copyright

Fair Use – Four Factors: 

Fair Use – Four Factors Fair use is determined by balancing the four factors detailed in the Copyright Act in relation to the intended use. Purpose and character of the use Nature of the copyrighted work Amount and substantiality used Effect of use upon potential market for or value of the copyrighted work

Four Factors – Purpose : 

Four Factors – Purpose Nonprofit educational use Criticism and comment News reporting Face to face teaching Scholarship and research

Four Factors – Nature : 

Four Factors – Nature Digital or analog Audio-visual formats Performance or display Published before or after 1976 Picture Fiction or non-fiction Software Dramatic or non-dramatic Published or unpublished Sculpture

Four Factors – Amount : 

Four Factors – Amount Quantitative: A small portion Qualitative: Not the 'heart of the work'

Four Factors – Effect : 

Four Factors – Effect No significant effect on the market for the work No significant effect on the potential market for the work No similar product marketed Licensing or permission mechanism is absent

Applying Fair Use: 

Applying Fair Use Checklist for Fair Use http://copyright.iupui.edu/checklist.htm Copyright and Fair Use Guidelines for Teachers http://i.cmpnet.com/techlearning/pdf/ db_area/archives/TL/2002/10/ copyright_chart.pdf

Applying Fair Use: 

Applying Fair Use Fair-Use Guidelines http://copyright.iupui.edu/fu_overview.htm

Guidelines – Multimedia : 

Guidelines – Multimedia Fair Use Guidelines for Educational Multimedia http://www.utsystem.edu/ogc/ intellectualproperty/ccmcguid.htm Guidelines have been endorsed by some organizations, government agencies and companies.

Guidelines – Multimedia : 

Guidelines – Multimedia Guidelines apply to the use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects which are created by educators of students as part of a systematic learning activity by [nonprofit] educational institutions.

Guidelines – Multimedia : 

Guidelines – Multimedia Permitted Uses Students Course work Portfolios Educators Curriculum-based instruction Peer conferences Professional portfolio

Guidelines – Multimedia : 

Guidelines – Multimedia Time limitation: Up to two years after the first instructional use with a class Portion limitations: Motion media – Up to 10% or 3 minutes, whichever is less Text – Up to 10% or 1,000 words, whichever is less

Guidelines – Multimedia : 

Guidelines – Multimedia Portion limitations: Music, lyrics andamp; music video – Up to 10%, but no more than 30 seconds Illustrations andamp; photographs – See guidelines Numerical data sets – Up to 10% or 2,500 fields or cell entries, whichever is less

Guidelines – Multimedia : 

Guidelines – Multimedia See guidelines for: Examples of when permission is required Important reminders

Permissions: 

Permissions Getting Permission http://www.utsystem.edu/ogc/ intellectualproperty/permissn.htm Copyright Clearance Center http://www.copyright.com

Sample Permission Letters: 

Sample Permission Letters Sample Letter Requesting Permission http://www.utsystem.edu/ogc/ intellectualproperty/permmm.htm Bellingham Public Schools http://www.bham.wednet.edu/ copyperm.htm

Using Student Materials: 

Using Student Materials Students own copyright to materials they produce School must get permission of student and parents to publish outside the classroom http://www.siec.k12.in.us/~west/online/ copy2.htm

School Copyright Policy: 

School Copyright Policy Protects staff, faculty, administrators andamp; governing board from potential litigation Provides direction to employees Provides employees with policy authority to refuse potentially infringing materials requests May avoid costly litigation Vicek, Charles. Copyright policy development and adoptable copyright policy. 1992. Copyright Information Services, Friday Harbor WA. Cited in: Talab, R.S. Commonsense copyright: A guide for educators and librarians. 2d ed. 1999. McFarland, Jefferson NC.

Sample Policies: 

Sample Policies Groton Public Schools http://www.groton.k12.ct.us/mts/eg2.htm Bellingham Public School System http://www.bham.wednet.edu/technology/ copyrightpolicy.htm Ottawa Area Intermediate School District http://www.remc7.k12.mi.us/oaisd/ standards/standards.copyright.html

Resources: 

Resources Complete Copyright (Companion website to Complete Copyright: An Everyday Guide for Librarians) http://www.ala.org/completecopyright Copyright and Multimedia Law for Webbuilders andamp; Multimedia Authors http://bailiwick.lib.uiowa.edu/journalism/ mediaLaw/copyright_main.html

Resources: 

Resources Copyright and Digital Resources http://www.bsu.edu/library/collections/ copyright Copyright Crash Course http://www.utsystem.edu/ogc/ intellectualproperty/cprtindx.htm Copyright Guidelines for Administrators http://www.techlearning.com/copyrightguide/

Resources: 

Resources Copyright Resources on the Internet http://www.groton.k12.ct.us/mts/pt2a.htm Copyright Website http://www.copyrightwebsite.com/ techLEARNING http://www.techlearning.com

Print Resources: 

Print Resources Butler, Rebecca P. Copyright for teachers and librarians. 2004. Neal-Schuman, NY. KF2995 B88 2004 Crews, Kenneth D. Copyright law for librarians and educators. 2d ed. 2006. ALA, Chicago. KF2995 C74 2006 Russell, Carrie. Complete copyright: An everyday guide for librarians. 2004. ALA, Chicago. KF2995 C57 2004

Print Resources: 

Print Resources Russell, Carrie. Understanding and protecting fair use. Public Libraries 42.5 Sept/Oct 2003. 288-9 (available from Nebr. Library Commission) Simpson, Carol. Copyright for Schools: A Practical Guide. 4th ed. 2005. Worthington OH: Linworth. KF3020.Z9 S57 2005 Walters, Donna. Copyright – What’s right and what’s not. The Book Report 19.2 Sept/Oct 2000. 53, 55. Z675.S3 B65

UNO Library: 

UNO Library University Library Research Wizard http://library.unomaha.edu/research/wizard Keyword: Copyright

Copyright Overview: 

Copyright Overview Dorothy B. Willis Chair, Public Services University Library University of Nebraska at Omaha 402-554-3924 dorothywillis@mail.unomaha.edu