Copyright & Creative Commons : Copyright & Creative Commons by Wendy Athens
EME 5207 Developing Technology
29 March 2009 Copyright is Automatic; Creative Commons is Intentional : Copyright is Automatic; Creative Commons is Intentional When this lovely photo of an orange blossom was taken, it was instantly protected by copyright law... except the photographer wanted to allow free distribution and remixing with attribution and share alike conditions, so he uploaded it to FlickR and licensed it using Creative Commons. http://www.flickr.com/photos/shareski/3391957029/) Two Purposes of Copyright Law : Two Purposes of Copyright Law 1. Protects the holder's right to obtain commercial value
2. Protects the holder's right to control the use of the work http://www.templetons.com/brad/copymyths.html Purpose of Creative Commons : Purpose of Creative Commons 1. Creative Commons is a nonprofit organization which fosters collaboration.
2. CC licensing refines copyright to suit the creator's intent. http://creativecommons.org/ Part 1: Copyright Law : Part 1: Copyright Law A Brief History of Copyright Law : A Brief History of Copyright Law The first copyright law was signed by George Washington in 1790 to protect an author's original work for 14 years.
Motion picture copyright was added in 1912.
The Copyright Act of 1976 extended copyright to other technologies and period of protection to 50 years.
Ongoing copyright amendments have extended period of protection to author's life + X years (it varies.) The TEACH (Technology, Education and Copyright Harmonization) Act became law in 2002, and facilitates the use of copyrighted materials in distance education, similar to face-to-face instruction limitations. http://en.wikipedia.org/wiki/Copyright Copyright Law Protects : Copyright Law Protects Literary works
Pictorial, graphic and sculptural works
Architectural works http://www.uiweb.uidaho.edu/eo/dist12.html Copyright Law Does NOT Protect : Copyright Law Does NOT Protect Anything under the public domain, including
Ideas (covered by patent law)?
Slogans and names (covered by trademark law)?
Government works http://www.umuc.edu/library/copy.shtml#no. Fair Use Definition : Fair Use Definition “Fair use” of copyrighted material is permitted without permission from the holder if portions of the original material are used in a limited way. Typical fair use cases include education, research, news reporting, criticism, and commentary. http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html Four Factors that Determine Fair Use : Four Factors that Determine Fair Use 1. The purpose of the use is educational or non-profit
2. The nature of the copyrighted work
3. Copied material must be a non-critical excerpt (less than 10% of original)?
4. The teacher must not impair the marketability of the work (can't avoid textbook purchase)? http://www.uiweb.uidaho.edu/eo/dist12.html Typical Fair Use : Typical Fair Use 1. The purpose of the use is educational or non-profit (especially spontaneous use)?
2. The nature of the copyrighted work (chapters may be questionable)?
3. Copied material must be a non-critical excerpt (less than 10% of original, 5 photos, 15 illustrations)?
4. The teacher must not impair the marketability of the work (can't avoid textbook purchase)? http://www.uiweb.uidaho.edu/eo/dist12.html NOT Fair Use : NOT Fair Use Making multiple copies instead of purchasing work
Copying and using same work repeatedly
Copying for several courses or institutions
Using materials for commercial use
Using a work in entirety which is more than 2500 words
Assuming the internet is public domain http://www.uiweb.uidaho.edu/eo/dist12.html The TEACH Act Expands Educator Rights to Include Distance Education : The TEACH Act Expands Educator Rights to Include Distance Education Copyright law, Section 110(1 & 2) provides educators with a separate set of rights in addition to fair use to display and perform others' works in the classroom. The TEACH Act expands these same FTF classroom rights to distance education with some restrictions. Fair Use (Online)? : Fair Use (Online)? Beyond FTF constraints, additional constraints for online education include:
No digital delivery of supplemental reading materials
No protected digital materials, illegal materials, or those materials marketed for distance learning market
No complete audiovisual or dramatic works – use “reasonable and limited portions”
Complete non-dramatic and musical works are permitted http://www2.nea.org/he/abouthe/teachact.html Fair Use (Online), cont. : Fair Use (Online), cont. Beyond FTF constraints, additional constraints for online education include:
Institution is accredited
Institution provides notice of copyright protection
Access is limited to enrolled students and is terminated at end of class term http://www2.nea.org/he/abouthe/teachact.html http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm How Long Does a Copyright Last? : How Long Does a Copyright Last? It varies, but some general guidelines...
After 1977, life of holder + 70 yrs
Before 1923, public domain
Between 1923 and 1977, 95 yrs from publication date http://www.copyright.gov/help/faq/faq-duration.html What is the Price of Noncompliance with Copyright Law? : What is the Price of Noncompliance with Copyright Law? Penalty for willful infringement: up to $150,000
PLUS attorney's fees http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm How to Obtain Copyright Permission? : How to Obtain Copyright Permission? When requesting copyright permission, include all of the following information:
Full name of holder
Title, edition and volume of work
ISBN or ISSN
Exact pages and figures you wish to use
The number of copies to be made, or online application
Name of your college or university
Date when the material will be used
Your complete name and contact information http://www.uiweb.uidaho.edu/eo/dist12.html Part 2: Creative Commons : Part 2: Creative Commons Creative Commons : Creative Commons is a nonprofit corporation that “provides free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof.” http://creativecommons.org/about/ 4 Conditions of CC Licensing : 4 Conditions of CC Licensing Attribution
No derivative works Attribution : Attribution The creator allows their work to be copied, distributed and morphed as long as they are given credit. Share Alike : Share Alike The creator allows derivative works only under an identical license. Allows for commercial distribution. Example = open source software Non-commercial : Non-commercial Derivative creations must give proper credit to the creator, must be non-commercial, but can license differently. No Derivative Works : No Derivative Works Permits the copy and distribution of verbatim works only. CC Projects : CC Projects Besides licensing new works and providing a search engine for existing CC works, Creative Commons invests in 4 major initiatives:
ccInternational Science Commons : Science Commons This MIT brainchild was birthed in 2005, and its goal is to enable web-based open research. For instance, MIT open sources all research articles. ccLearn : ccLearn “The mission is to minimize legal, technical, and social barriers to sharing and reuse of educational materials.”
For example, open textbooks under Flatworld Knowledge, DiscoverEd search engine, and a House bill OER (Open Education Resources) that allows open access for college level physics, chemistry and math. http://learn.creativecommons.org/ ccNetwork : ccNetwork Members participate in a network of creative content and knowledge. Web-based communication (wikis, blogs, email, and more) provided for the community. ccInternational : ccInternational Creative Commons links and ports to international copyright and licensing bodies. A personal example... : A personal example... To create a tutorial on Special Relativity, I go to DiscoverEd and access three terrific links to online courses and know I am free to use these resources... Special Relativity CC Resources : Special Relativity CC Resources ...and I embed content generated at MIT, Australian National University, and Glenbrook High School! I credit the creators and have no worries of breaking copyright law. http://ocw.mit.edu/OcwWeb/Physics/8-20January--IAP--2005/CourseHome/ Albert Einstein. Image courtesy
of Wikimedia Commons. MIT lectures in my classroom! : MIT lectures in my classroom! Sample MIT lecture:
http://www.youtube.com/watch?v=M_8w-dD4RBE Sample MIT lecture notes and problem sets:
http://ocw.mit.edu/NR/rdonlyres/Physics/8-20January--IAP--2005/41E9F9B3-05E8-403A-9251-58A55A608423/0/ps1.pdf Gleaning the best from Australian National University, Glenbrook High School and many more... : Gleaning the best from Australian National University, Glenbrook High School and many more... Through Einstein's Eyes Online, a visualization of time dilation and length contraction http://www.anu.edu.au/Physics/Savage/TEE/
Physics Classroom Multimedia Studio http://www.physicsclassroom.com/mmedia/ References : References Copyright & Distance Education. Access: http://www.uidaho.edu/eo/dist12.html
Summary of the TEACH Act. Access:
The TEACH Toolkit. Access:
University of Maryland. Access: http://www.umuc.edu/library/copy.shtml#no.
Stanford University. Access: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html
Copyright Crash Course by Georgia Harper. Access: http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm
UT Fair Use of Copyrighted Materials Rules of Thumb. Access: http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm References, cont. : References, cont. Cornell Definition of Fair Use. Access: http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html
U.S. Gov. Length of copyright protection. Access: http://www.copyright.gov/help/faq/faq-duration.html
IUPUI TEACH Act for Distance Education Site. Access: http://www.copyright.iupui.edu/dist_learning.htm
Creative Commons Access: http://creativecommons.org/