©OPYRIGHT Reality for Academe Donna L. Ferullo, J.D. Director, University Copyright Office Purdue...
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Transcript of ©OPYRIGHT Reality for Academe Donna L. Ferullo, J.D. Director, University Copyright Office Purdue...
©OPYRIGHT Reality for Academe
Donna L. Ferullo, J.D.Director, University Copyright OfficePurdue [email protected]
Donna L. FerulloUniversity Copyright Office
August 2, 2006 BCCE 2
Agenda
Copyright basics Copyright exemptions Making it work Copyright landscape
August 2, 2006 BCCE 3
COPYRIGHTWhat is it?
Copyright Law -Title 17, United States Code 1976 Act
Purpose
August 2, 2006 BCCE 4
Copyright Requirements Must be an original work Must be fixed in a tangible medium
of expression
August 2, 2006 BCCE 5
Copyrightable Works
Literary, musical and dramatic works Pantomimes and choreographic works Pictorial, graphic and sculptural works Sound recordings Motion pictures and other AV works Computer programs Compilations of works and derivative
works Architectural works
August 2, 2006 BCCE 6
What is not copyrightable
Ideas, procedures, methods, systems, processes
Titles, names, short phrases, slogans Facts, news, research Works in the public domain
Works created by US government employees
Works with expired copyrights
August 2, 2006 BCCE 7
Copyright Owner’s Exclusive Rights
Reproduction Distribution Public performance Public display Derivative works Sound recordings
August 2, 2006 BCCE 8
Divisible Rights – Contracts/Licenses
Negotiate Understand all terms Legally binding
August 2, 2006 BCCE 9
Copyright Duration
Works created on or after 1/1/78 Life of author plus 70 years Corporate author – the shorter of 95 years from publication or 120 years from creation
August 2, 2006 BCCE 10
Copyright Exemptions
§107 - Fair Use Doctrine §108 – Reproduction by Libraries &
Archives §109 – First Sale Doctrine §110 – Education Exemptions
August 2, 2006 BCCE 11
Fair Use DoctrineFour Factor Analysis
Purpose and character Nature of work Amount of work Market effectNOTE: Fair use is technologically
neutral
August 2, 2006 BCCE 12
First Factor: Purpose & Character
Nonprofit Educational Personal Teaching Research Scholarship Criticism Commentary News reporting
Commercial use Entertainment For profit
August 2, 2006 BCCE 13
Second Factor: Nature of work
Fact Published
Fiction Unpublished
August 2, 2006 BCCE 14
Third Factor: Amount
Small amount Amount used is
not significant to work
Large amount Amount used is
heart of work
August 2, 2006 BCCE 15
Fourth Factor: Market Effect
No major impact Licensing/
permissions unavailable
Limited/restricted access to work
User/institution owns legal copy
Major impact Licenses/
permissions available
Work is made available to world
Use is repeated or long term
August 2, 2006 BCCE 16
Education Exemptions 110(1) – Classroom or face-to-face
teaching 110(2) – TEACH – distance
education
August 2, 2006 BCCE 17
Education Exemptions
§110(1) – Face-to-face teaching All displays are allowed
Pictures, charts, graphs, still works All performances are allowed
Videos, readings from text or poetry
August 2, 2006 BCCE 18
TEACH Act Technology, Education and
Copyright Harmonization Act of 2002
Total revision of distance education exemption
Attempts to equalize distance education and classroom teaching
August 2, 2006 BCCE 19
The TEACH Act
§110(2) – Distance education- digital transmissions All displays are allowed but only
in an amount comparable to what is displayed in a live classroom setting.
August 2, 2006 BCCE 20
TEACH Act (cont.) Performances of the following are
allowed to be transmitted: non-dramatic literary or musical works
Readings from novels, poetry and textbooks
Pop music, symphonies Reasonable and limited portions of
other works Dramatic works Audiovisuals
August 2, 2006 BCCE 21
TEACH Act Requirements Institution Technology Instructor Materials
August 2, 2006 BCCE 22
Institution Requirements Accredited nonprofit educational
institution including K-12 Institute copyright policies Provide informational materials to
faculty, staff and students on copyright
August 2, 2006 BCCE 23
Technology Requirements Transmission limited to students
officially enrolled in the course Transmissions cannot be retained
longer than class session Transmission cannot be distributed
beyond officially enrolled students No material can remain on the system
longer than necessary to facilitate transmission.
August 2, 2006 BCCE 24
Instructor Requirements Performance (P) or display (D) must be made by, at
the direction of, or under actual supervision of instructor
P or D must be an integral part of class session which is offered as a regular part of systematic mediated instructional activities
P or D must be analogous to what takes place in a live classroom
P or D must be directly related to teaching content Instructor must use lawfully made and acquired
copy Instructor must provide notice to students that
materials may be subject to copyright protection
August 2, 2006 BCCE 25
Material Requirements Materials not eligible for exemption
Textbooks, course packs or other material in any media, copies, CD’s which are typically purchased by students for use in one or more class session
Works that are marketed primarily for education
Illegal works
August 2, 2006 BCCE 26
Materials (cont.) Analog works cannot be converted
into digital works unless No digital version is available Digital version is subject to
technological protections that are not covered by TEACH
Only the amount that is authorized under TEACH can be converted
August 2, 2006 BCCE 27
TEACH Exemption or ???? All requirements must be met
before exemption can be used. FAIR USE, FAIR USE, FAIR USE
August 2, 2006 BCCE 28
Break It Down
Determine status of work Copyrightable Copyrighted Public domain
Analyze rights and exemptions Apply exemptions Request permission from copyright
owner if exemptions do not apply (Request and permission should be in writing)
August 2, 2006 BCCE 29
Copyright Myths
Everything on the web can be used without permission
All educational use is fair use Publication did not have copyright
notice so it must be in the public domain
August 2, 2006 BCCE 30
Is it Legal??? Links Personal tapes for educational use Music in multimedia/PP presentation Coursepacks Copying work sheets – consumables Blogs
August 2, 2006 BCCE 31
The Cost of Copyright Infringement
Actual damages & profits Statutory damages $200 -
$150,000 Attorney’s fees and costs Injunction Impoundment Jail
August 2, 2006 BCCE 32
Copyright Landscape
Turnitin Orphan works Clean Flicks Google
August 2, 2006 BCCE 33
Copyright vs. Plagiarism Copyright – a
legal right that protects original works Federal law Legal penalties for
infringement Fair use
exemption
Plagiarism – passing off someone else’s work as one’s own Unethical but not
necessarily illegal Misappropriation of
someone else’s work
Lack of attribution
August 2, 2006 BCCE 34
Words of Wisdom Only use legally acquired copies Be aware of your audience – who
has access to the materials Free access does not equal free
use Negotiate licenses/permissions
carefully
August 2, 2006 BCCE 35
Copyright Resources Purdue University Copyright Office
http://www.lib.purdue.edu/uco United States Copyright Office
http://www.loc.gov/copyright/ Copyright Crash Course – University of Texas
http://www.utsystem.edu/OCG/IntellectualProperty/cprtindx.htm
Copyright Management Center – IU http://www.iupui.edu/~copyinfo/home.html
August 2, 2006 BCCE 36
Copyright Resources (cont’d)
U. of Maryland U. College www.umuc.edu/distance/odell/cip/
primer.html American Library Association
www.ala.org/work/copyright.html
August 2, 2006 BCCE 37
TEACH Resources Purdue University Copyright Office
http://www.lib.purdue.edu/uco University of Texas
http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm
TEACH Toolkit – North Carolina State University http://www.lib.ncsu.edu/scc/legislative/
teachkit/ American Library Association
http://www.ala.org/washoff/teach.html
August 2, 2006 BCCE 38
Question: ???
Answer: It depends…