Copyright & Contracts:Copyright & Contracts:Moving Beyond Text in Moving Beyond Text in

IRsIRs

Lisa Macklin Lisa Macklin

The DisclaimerThe Disclaimer

I am an attorney, but . . . I am an attorney, but . . .

I am not your attorneyI am not your attorney

Institutional Institutional RepositoriesRepositories

In this context, IR content includes:In this context, IR content includes: TextText Numeric dataNumeric data PhotosPhotos VideoVideo Learning objects, etc.Learning objects, etc.

created by faculty or students or created by faculty or students or in library collectionsin library collections

Polling QuestionPolling Question

What is your level of confidence in What is your level of confidence in applying copyright and contracts to applying copyright and contracts to institutional repositories?institutional repositories?

Select an answer in the webinar nowSelect an answer in the webinar now

Copyright LawCopyright Law

Article I Section 8 Clause 8 of the Article I Section 8 Clause 8 of the US ConstitutionUS Constitution To To promote the Progress of Science and promote the Progress of Science and

useful Artsuseful Arts, by securing for , by securing for limited limited Times Times to Authors and Inventors the to Authors and Inventors the exclusive Right exclusive Right to their respective to their respective Writings and Discoveries.Writings and Discoveries.

What does copyright What does copyright protect?protect?

Original works of authorship fixed in a Original works of authorship fixed in a tangible medium of expressiontangible medium of expression Literary works & Dramatic worksLiterary works & Dramatic works Musical works & Sound recordingsMusical works & Sound recordings Pictorial, graphic and sculptural worksPictorial, graphic and sculptural works Motion pictures and other audiovisual Motion pictures and other audiovisual

worksworks Pantomimes and other choreographic Pantomimes and other choreographic

worksworks Architectural worksArchitectural works

What isn’t protected by What isn’t protected by copyright?copyright?

Works not protected by copyright Works not protected by copyright include:include: Titles, names, short phrases, slogansTitles, names, short phrases, slogans Facts, news and discoveriesFacts, news and discoveries Works created by the U.S. governmentWorks created by the U.S. government Ideas, procedures, methods, systems, Ideas, procedures, methods, systems,

processes (but these may be patentable)processes (but these may be patentable) Works lacking a modicum of originality Works lacking a modicum of originality

(e.g. a phone book in alphabetical order)(e.g. a phone book in alphabetical order)

What are the rights?What are the rights? The rights of the copyright owner are:The rights of the copyright owner are:

To reproduce the workTo reproduce the work To prepare derivative worksTo prepare derivative works To distribute copies of the workTo distribute copies of the work To publicly perform the workTo publicly perform the work To publicly display the work directly or by To publicly display the work directly or by

telecommunicationtelecommunication To publicly perform a sound recording by To publicly perform a sound recording by

digital digital means means

Duration of copyrightDuration of copyright

Term of copyright is currently life of Term of copyright is currently life of the author + 70 yearsthe author + 70 years

When copyright expires, work enters When copyright expires, work enters the public domain: the public domain: Works published in the US prior to 1923Works published in the US prior to 1923 Unpublished works from authors who Unpublished works from authors who

died prior to 1941 died prior to 1941

Still protected by Still protected by copyright?copyright?

Copyright notice Copyright notice ©© is no longer is no longer requiredrequired

Recommended source: Peter Hirtle’s Recommended source: Peter Hirtle’s Copyright Term and the Public Copyright Term and the Public Domain in the US at Domain in the US at http://copyright.cornell.edu/resources/http://copyright.cornell.edu/resources/

publicdomain.cfmpublicdomain.cfm

What are the What are the exceptions?exceptions?

Fair use is a balancing test, Fair use is a balancing test, comprised of four factors:comprised of four factors: Purpose and Character of the usePurpose and Character of the use Nature of the copyrighted workNature of the copyrighted work Amount of the useAmount of the use Effect on the market or potential Effect on the market or potential

market for the copyrighted workmarket for the copyrighted work

What are the What are the exceptions?exceptions?

Classroom teaching exception:Classroom teaching exception:

All performance and displays All performance and displays (including music, images, videos) of (including music, images, videos) of a work are not an infringement of a work are not an infringement of copyright, as long as:copyright, as long as: In the course of face-to-face teachingIn the course of face-to-face teaching It takes place in a classroom or similar It takes place in a classroom or similar

place devoted to instructionplace devoted to instruction The work is lawfully obtainedThe work is lawfully obtained

Creative CommonsCreative Commons

An opportunity for creators to grant An opportunity for creators to grant a license to use their work without a license to use their work without user having to ask permission user having to ask permission (www.creativecommons.org)(www.creativecommons.org)

Licenses applied to text, music, Licenses applied to text, music, photos, video, etc.photos, video, etc.

Can search for Creative Commons Can search for Creative Commons licensed content at CC websitelicensed content at CC website

Take awayTake away

Copyright grants exclusive rights to Copyright grants exclusive rights to creator upon creation, with some creator upon creation, with some exceptionsexceptions

Who owns the Who owns the copyright?copyright?

For faculty or student generated For faculty or student generated contentcontent Who is the copyright owner?Who is the copyright owner? How do you know?How do you know?

Who owns the Who owns the copyright?copyright?

Check your institution’s intellectual Check your institution’s intellectual property policy. Traditionally, property policy. Traditionally, universities have not claimed universities have not claimed copyright in faculty members’ copyright in faculty members’ academic works or in students’ works.academic works or in students’ works.

If work has been published elsewhere, If work has been published elsewhere, copyright may have been assigned to copyright may have been assigned to the publisher.the publisher.

Questions?Questions?

Any questions so far on copyright? Any questions so far on copyright?

Type in questionsType in questions

Up next is copyright applied to different Up next is copyright applied to different formats and contracts on social media formats and contracts on social media sitessites

Polling QuestionPolling Question

Are you using social media sites (ex. Are you using social media sites (ex. Facebook, Flickr, YouTube, etc.) to Facebook, Flickr, YouTube, etc.) to display and share institutional display and share institutional content?content?

Select an answer in the webinar nowSelect an answer in the webinar now

Copyright & DataCopyright & Data

Data (facts and figures) is not Data (facts and figures) is not protected by copyright, but . . . protected by copyright, but . . .

May be confidentiality May be confidentiality considerationsconsiderations

May be restrictions on distributionMay be restrictions on distribution

Copyright & PhotosCopyright & Photos

Photographer is copyright owner of Photographer is copyright owner of photosphotos

Person in photo has some rights in Person in photo has some rights in their image and likeness under state their image and likeness under state law. This is generally only a concern law. This is generally only a concern if photo used in advertising.if photo used in advertising.

If person in photo is famous, may If person in photo is famous, may want to give special consideration.want to give special consideration.

Copyright & VideoCopyright & Video

Videographer is copyright owner of Videographer is copyright owner of video, however video, however maymay need permissions need permissions for: for:

Appearances of people in videoAppearances of people in video Music score or recordingMusic score or recording Poetry or dramatic work if performed Poetry or dramatic work if performed

in videoin video Any other copyrighted content Any other copyrighted content

includedincluded

Copyright & VideoCopyright & Video

Recommended resource: Recommended resource:

Code of Best Practices in the Fair Code of Best Practices in the Fair Use of Online Video available atUse of Online Video available at

http://www.centerforsocialmedia.orghttp://www.centerforsocialmedia.org/sites/default/files/online_best_practi/sites/default/files/online_best_practices_in_fair_use.pdfces_in_fair_use.pdf

Take awayTake away

Faculty or student, and perhaps Faculty or student, and perhaps other copyright owners, must give other copyright owners, must give permission for content to be permission for content to be displayed in an institutional displayed in an institutional repository, unless an exception repository, unless an exception applies (fair use, etc.)applies (fair use, etc.)

Risk AssessmentRisk Assessment

Orphan works Orphan works cannot determine or locate the cannot determine or locate the

copyright ownercopyright owner

Interpretation of fair useInterpretation of fair use

Institution’s willingness to take riskInstitution’s willingness to take risk

Social Media SitesSocial Media Sites Examples commonly used by librariesExamples commonly used by libraries

FacebookFacebook FlickrFlickr PicassaPicassa YouTubeYouTube VimeoVimeo iTunesU (if university has an agreement)iTunesU (if university has an agreement) and there are many moreand there are many more

Governed by contracts (Governed by contracts (

ContractsContracts

Social media sites have contracts Social media sites have contracts that govern the uploading of that govern the uploading of content.content. Often called terms of use, terms of Often called terms of use, terms of

service, or terms and conditionsservice, or terms and conditions Legally bindingLegally binding Separate from copyright lawSeparate from copyright law

TermsTerms Some common terms (not an exhaustive Some common terms (not an exhaustive

list)list) You own content but are granting a license to You own content but are granting a license to

site to use, reproduce, distribute, prepare site to use, reproduce, distribute, prepare derivative works, display and perform the workderivative works, display and perform the work

You are responsible for copyright, including You are responsible for copyright, including content that may infringe content that may infringe

You must follow guidelines for types of You must follow guidelines for types of materials uploaded (nothing obscene, libelous, materials uploaded (nothing obscene, libelous, etc.)etc.)

TermsTerms

Some things to considerSome things to consider Is license perpetual (forever)?Is license perpetual (forever)? Are you granting users of social media Are you granting users of social media

sites expansive re-use rights?sites expansive re-use rights? Can you attach a Creative Commons Can you attach a Creative Commons

license to the content?license to the content? What happens if you remove material?What happens if you remove material?

ContentContent

What kinds of content benefit the most What kinds of content benefit the most from inclusion in a social media site?from inclusion in a social media site? Ex. Asking for comments on historical photos Ex. Asking for comments on historical photos

in the public domain with unidentified people in the public domain with unidentified people Ex. Student projects as a class assignment Ex. Student projects as a class assignment

with third party copyrighted contentwith third party copyrighted content Ex. Photos from a faculty member of an Ex. Photos from a faculty member of an

architectural dig, photographer(s) unknownarchitectural dig, photographer(s) unknown

ContentContent

What sharing functionality does the What sharing functionality does the social media site employ?social media site employ? Is content streamed?Is content streamed? Is content easily captured and copied?Is content easily captured and copied? Is content intended to be downloaded? Is content intended to be downloaded?

(iTunes)(iTunes) Can access restrictions be set? Ex. Can access restrictions be set? Ex.

public, campus only, loginpublic, campus only, login

YouTube & CopyrightYouTube & Copyright

For insight on the backend For insight on the backend processes YouTube has in place for processes YouTube has in place for copyrighted content, see Margaret copyrighted content, see Margaret Gould Stewart’s TED Talk on “How Gould Stewart’s TED Talk on “How YouTube Thinks about Copyright”YouTube Thinks about Copyright”

http://www.ted.com/talks/http://www.ted.com/talks/margaret_stewart_how_youtube_thinmargaret_stewart_how_youtube_thinks_about_copyright.htmlks_about_copyright.html

Take awayTake away

Social media sites are powerful tools Social media sites are powerful tools for libraries to share content and for libraries to share content and build communities. Best practice is build communities. Best practice is to understand terms, choose content to understand terms, choose content wisely, and understand your wisely, and understand your institution’s risk tolerance.institution’s risk tolerance.

ResourcesResources

US Copyright Office at US Copyright Office at http://www.copyright.govhttp://www.copyright.gov

Center for Social Media Code of Best Center for Social Media Code of Best Practices in Fair Use at Practices in Fair Use at http://www.centerforsocialmedia.org/http://www.centerforsocialmedia.org/

fair-use/best-practicesfair-use/best-practices

Fair Use Checklist – Columbia Copyright Fair Use Checklist – Columbia Copyright Advisory Office at Advisory Office at http://copyright.columbia.edu/copyright/fair-use/fairhttp://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/-use-checklist/

ResourcesResources Copyright Law for Librarians and Educators by Copyright Law for Librarians and Educators by

Kenneth D. Crews, Second Edition (ALA, Chicago, Kenneth D. Crews, Second Edition (ALA, Chicago, 2006)2006)

Complete Copyright: An Everyday Guide for Complete Copyright: An Everyday Guide for Librarians by Carrie Russell (ALA, Chicago, 2004)Librarians by Carrie Russell (ALA, Chicago, 2004)

Copyright & Cultural Institutions: Guidelines for Copyright & Cultural Institutions: Guidelines for Digitization for US Libraries, Archives and Museums Digitization for US Libraries, Archives and Museums by Peter B. Hirtle, Emily Hudson, & Andrew T. by Peter B. Hirtle, Emily Hudson, & Andrew T. Kenyon (Cornell Univ Library, Ithaca, 2009) Also Kenyon (Cornell Univ Library, Ithaca, 2009) Also available online under a Creative Commons license available online under a Creative Commons license at at http://ecommons.cornell.edu/bitstream/1813/14142/http://ecommons.cornell.edu/bitstream/1813/14142/2/Hirtle-Copyright_final_RGB_lowres-cover1.pdf2/Hirtle-Copyright_final_RGB_lowres-cover1.pdf

Polling QuestionPolling Question

What is your level of confidence in What is your level of confidence in applying copyright and contracts to applying copyright and contracts to institutional repositories?institutional repositories?

Select an answer in the webinar nowSelect an answer in the webinar now

Questions?Questions?

Any questions?Any questions?

Type in questions Type in questions