Copyright Navigator

Copyright Navigator Copyright Research and Scholarship Classroom Teaching Online Instruction Manage Your Creations Using Media Educate Yourself Contact Info Copyright All rights reserved by www.BackgroundNow.com Attribution Some rights reserved by Heiko Klingele Attribution Some rights reserved by Horia Varlan What it is... Copyright is one of three types of laws (the others being trademarks and patents) through which congress exercises its constitutional authority “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (U.S. Const, art. I §8 cl.8) How long does it last... But, it ain't that simple... The rights of the holder... The reproduction right–the right to make copies The distribution right–the right to sell copies The derivative works right–the right to adapt or recast the original work into another format, media or genre The public performance right The public display right Rely on Fair Use.. Broadest option for user rights An affirmative Defense--not a right Available to any person or institution May impact owners rights US Code, 17 USC §107 Four Factors Purpose and character of use Nature of the copyrighted work Amount & substantiality of the portion used Effect upon the potiential market or value of the work Contracts override copyright law (including fair use) and courts have recently sided with click-wrap and use-wrap licenses Transformative Use No "definition" Other 3 factors still apply Kelly v. Arriba Soft 280 F. 3d 934 9th Cir. (2002) Brian Cockburn briancckbrn@jmu.edu 568-6978 Rely on TEACH Act... Attempts to enable teaching activities comparable to traditional F2F classroom. US Code, 17 USC §110(2) Features... Can "display" some works to same extent as in traditional classroom: e.g., literary graphic and "non-dramatic literary & musical works" Can "perform" other works in "reasonable & limited portions": e.g. feature films, musical theatre May digitize analog works when digital not available (overrides DMCA in this regard) Limitations... The performance or display must be: a. A regular part of systematic mediated instructional activity; b. Made by, at the direction of, or under the supervision of the instructor; c. Directly related and of material assistance to the teaching content; and d. For and technologically limited to students enrolled in the class. http://creativecommons.org/ Rely on Classroom Exceptions... In addition to the overall Fair Use umbrella, Congress specifically created many exemptions for F2F instruction. These allow almost anything (within reason) to be used in the course of classroom teaching. Some Provisions... Only in non-profit educational institutions The copy must be a legally made one May "perform" audio/video works May "display" images and text Also the section libraries use to provide reserve service in the library. US Code, 17 USC §110(1) L&ET (CIT, Library, Media Resources, and Music Lib) apply "fair use" and TEACH to SUPPORT your use of media L&ET do not police our systems like BB, JMUtube, MDID, Digital Orpheus (rely on faculty and students to know their rights and limitations) Basics... Options for media use... Portions of media in BB: apply TEACH. No permission needed, just a legit copy. On your own or with L&ET support Entire programs in BB: apply "fair use". Consider the 4 considerations and a legit copy. On your own or with L&ET support Using licensed media: L&ET licenses millions of files of media for academic use. just point students to it in BB or wherever Free Media for Creative Use: L&ET provides a page of free media for use in your own creations. Caveats... Also consider privacy and "educational record" (FERPA) issues in choosing an option When sharing in-class lectures via podcast or other technology, be careful to not disseminate protected media beyond the course users Streaming better than downloading Ongoing litigation will impact our use. e.g. Georgia State date finally set. You're responsible--stay informed by "liking" Copyright@JMU Participate in Educational Opportunities Liberally license your works When possible place your works in open access archives Remember, student work belongs to students, so get permission to use http://copyright.cornell.edu/resources/publicdomain.cfm http://www.jmu.edu/JMUpolicy/1107.shtml Life of the author + 75 Corporate or anon. 95 from pub. date or 120 from creation date Recommended Tool... http://librarycopyright.net/fairuse/ Recommended Resource... http://www.jmu.edu/copyright/ Recommended Tool... http://librarycopyright.net/etool/ Recommended Tool... http://librarycopyright.net/etool/ Copyright makes your work almost impossible to use Managing inserts them into the academic scholarly stream Allows you to control the kind and amount of use you will allow When you commercialize your works, consider placing them in an open access archive When you don't commerciallize consider applying a Creative Commons License http://copyright.lib.utexas.edu/cprtmgt.html Why and How.... Recommended tool... Preferred Tool... http://librarycopyright.net/digitalslider/ http://www.jmu.edu/copyright How... http://www.lib.jmu.edu/research/freemedia.aspx