Short Training re: Using Copyrighted Materials in bCourses

Rachael G. SambergScholarly Communication OfficerAugust 2016

What is copyright?

The Constitution Copyright Act

• Goal is to encourage progress/knowledge by rewarding authors for writing and making things

• What are the rewards?

Exclusive Rights for Limited Period of Time Reproduction Preparation of derivative

works (such as adaptations) Distribution Public performance Public display Public performance of

sound recordings via digital audio transmission

Duration of Copyright

In general, expect that it is at least author’s life + 70 years from date of author’s death

This means that within that “protected” time period,

the author’s permission would be needed to reproduce, display, perform, etc. the work

What Can Be Protected

Protects expressions, not ideas or facts

Work must be authored, original, and fixed

Works in Public Domain Not ProtectedWorks by U.S. Federal Government

Works whose copyright term/duration has expired

https://commons.wikimedia.org/wiki/File:Britannica_Shakespeare_Droeshout_Engraving.jpg

Statutory Exemptions Allows individuals to

undertake one of the exclusive rights of copyright: Without obtaining the

permission of the copyright owner;

and without the payment of any license fee

Statutory Exemption: Fair Use (17 USC § 107)

1. Purpose and character of the use (i.e. use for commercial purposes less likely to be fair than use for nonprofit educational purposes; question of whether use is “transformative” has recently dominated this factor’s analysis)

2. Nature of the copyrighted work (i.e. more likely to be fair if you’re using factual/scholarly work rather than highly creative work)

3. Amount and substantiality (i.e. size & importance of portion used in relation to whole)

4. Effect of use upon potential market

(i.e. less likely to be fair if use serves as substitute for purchasing original)

Other Statutory Exemptions: TEACH ACT Section 110 of the Copyright Act allows

display and performance of copyrighted works during the course of face-to-face teaching in a classroom in nonprofit educational institution

Section 110(2) permits same activities asynchronously (e.g. on course-restricted sites); however, limited to: Performance of an entire nondramatic literary or

musical work (such as the recorded reading of a poem or novel)

Performance of a limited and reasonable portion of any other work (such as a scene from a film)

Display of any work in amount comparable to what would be used during physical class setting (such as portion film you would show in class)

In Summary Copyright gives copyright owners

exclusive right to undertake six types of rights for a designated period of time.

Permission must be sought to undertake any of those six rights if copyright exists and has not expired.

However, no need to seek permission if intended use falls under statutory exemptions (e.g. Fair Use or TEACH Act).

Nor is permission needed if you link to the content, rather than copy/reproduce/post the actual content, itself.

What to do with this info?

The Copyright Workflow for Posting to bCourses

If Instructor’s answer to any question is “yes”: If Instructor’s answer to all questions is “no,” two options:

Material can be posted directlyto bCourse site

(though link always possible/preferable

)

Post link to content,

rather than content,

itselfIf link can’t be

found, or Instructor prefers

posting copies, request copyright

holder’s permission

OR

Copyright Workflow for Posting to bCoursesInstructor Makes Decision About Content to Be Posted.

1. Has permission or a license already been conferred? 2. Is the material in the public domain?3. Is it fair use?4. Is use subject to another exception (e.g. Teach Act)?

Questions? http://guides.lib.berkeley.edu/instructor-copyright-bcourses

All photos © 2015-2016 by Rachael G. SambergPresentation issued under Attribution-ShareAlike 4.0 Int’l License (CC BY-SA 4.0)

Questions?Library can assist with fair use and other statutory exemption questions: http://guides.lib.berkeley.edu/instructor-copyright-bcourses; rsamberg@berkeley.edu

Library can help you find materials and links: http://guides.lib.berkeley.edu/readings-in-bcourses; chennesy@berkeley.edu