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Graduate Student Boot Camp

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by

Roger Weaver

on 3 May 2017

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Transcript of Graduate Student Boot Camp

Graduate Student
Boot Camp

Copyright Review
Roger Weaver
Scholarly Communications Librarian

weaverjr@mst.edu
(573) 341-4221
"
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." (Article I, Section 8, Clause 8 of the United States Constitution)
True or false? The Primary purpose of copyright law is to protect the interests of authors/creator.
What are the exclusive rights granted by copyright?

reproduce (i.e., make copies of) the work
create derivative works (i.e., alter, remix, or build upon the work) based on the work
distribute copies of the work
publicly display the work
perform the work
in the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

Exclusive Rights Granted by Copyright
When does copyright expire?

Copyright has expired for works registered or published prior to 1923
These works have entered the public domain

Copyright Expiration
Copyright Expiration

Works created on or after January 1, 1978, are ordinarily protected by copyright for the author's life, plus an additional 70 years after the author's death
For works of joint authorship and not a work made for hire, the term lasts for 70 years after the last surviving author's death.
For works made for hire, and for anonymous works and pseudonymous works (unless the author's identity is recorded in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.

Copyright Expiration

Works created before 1978, but not published or registered for copyright before January 1, 1978, are now given Federal copyright protection.
The duration of copyright is generally computed in the same way as for works created on or after January 1, 1978, with the life-plus-70 or 95/120-year terms applying as well.
In no circumstance will the term of copyright for works in this category expire before December 31, 2002. For works published on or before December 31, 2002, copyright will not expire before December 31, 2047.

What is not protected by copyright?
Unprotected Works

unfixed works
titles, names, short phrases and slogans
ideas
useful articles (articles with a utilitarian function)
works of federal government employees
works in the public domain

Do you have any questions before we continue?
What is fair use?
What are the four factors of fair use and how should they be use?
How does fair use apply to you as a student?
The Fair Use Exception
The Fair Use Exception

Fair use is defined in Section 107 of the U.S. Copyright act and is a limitation to the exclusive rights granted to copyright holders.
The fair use doctrine has developed over the years as courts have tried to balance society's interests with the interest of copyright holders.
The core of the Fair Use doctrine is that not all copying should be banned,
especially in socially important endeavors such as criticism, news reporting, teaching and research.

The Fair Use Exception

Congress was deliberately vague about what constitutes fair use. It is an
equitable principle
that depends on each circumstance.
There is no legal prescription you can follow to ensure your use is fair.
There is, however, a four factor test described in Section 107 that tells you what to consider in order to gauge whether your use is likely fair or not.
See http://libguides.mst.edu/copyright for a detailed discussion on applying fair use.
If you can not apply a “Fair Use” argument you must seek permission.

The Four Factors of Fair Use
For additional information and a complete list of resources used in the creation of this presentation visit:
Thank You!
copyright.mst.edu

The purpose and character of the use
, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used
in relation to the copyrighted work as a whole
The effect of the use upon the potential market
for or value of the copyrighted work.

Questions before we continue?
The Fair Use Exception

If you determine your use to be fair, then you may use the material.
It is highly recommended that you document why your use is fair in the event you are questioned later.

Are you the copyright holder for
your thesis or dissertation?

Thesis and Dissertations

If the work is entirely authored by you with no co-authors you
hold copyright
.
If the work has co-authors all authors hold independent copyright.
This means that each author can make independent decisions about copyright
It is not necessary for each author to agree, each acts independent of the other
Any revenue must be equally divided
It is recommended that you place a copyright statement in your work, but this is not a legal requirement. The proper format is © or the word “Copyright”; the year of first publication; and the name of the copyright owner. For example, © 2007 Jane Doe

Thesis and Dissertations

Advisers and committee members are not authors
and do not hold or control copyright to your work.

Thesis and Dissertations

A legal agreement/contract is required in order for you to transfer your copyright
to another party.
Publisher Copyright Transfer Agreements
Employment Contracts

Thesis and Dissertations

Your copyright protection will last until 70 years after your death.

Thesis and Dissertations

Unless you can leverage the Fair Use Exception you must seek permission
when using another authors actual expression.
That is, the text, music, photograph, illustration, painting, etc. that the author/creator has recorded in a tangible medium.
Remember, ideas and facts are not protected by copyright and are in the public domain and can be used freely.



Thesis and Dissertations

Not all expression is protected by copyright.
Remember, copyright protection has expired for many works, thus they are now in the public domain.
If the author’s/creator’s works are not protected by copyright, they can be used freely without permission.



The Publication Option

The publication option allows you to include work you have previously published or work you plan to publish in you Thesis or Dissertation.
Copyright law makes the publication option problematic.



The Publication Option

You can not include an exact copy of an article you have published.
You must format it according to MS&T specifications.
When you published you signed a Copyright Transfer Agreement with the publish.
This agreement may prevent you from republishing the work in you thesis or dissertation.
Check with you publisher or the library to determine if you can use the article at all.



The Publication Option

Including material you plan to publish may discourage your publisher from publishing it in the future.
Some publishers consider material in a thesis or dissertation as already published and will not re-publish it.
Check with your publisher or the library.



Holds

Some thesis or dissections may be place on hold.
This means they will not appear in Scholars' Mine for some period of time.
You hold status is indicated on Form 2/7
Work is related to a patent is will be subjected to a 1 year hold which may be extended.
Works related to secure research projects are subjected to an indefinite hold.
Indefinite hold are not release until permission is granted by the advisor.



Holds

Know your status and why



Registering your Copyright

Registration is NOT REQUIRED
Registration of a copyright creates a public record of the copyright claim, which makes it more difficult for anyone to argue lack of knowledge of the claim.
Registration grants a copyright owner the right to sue for copyright infringement.
Registration within five years of publication creates prima facie (true on its face) proof that the copyright is valid. A work is considered published when it is made available to the public on an unrestricted basis.



Registering your Copyright

If a copyright is registered within three months of publication, or before any infringement of the work, the copyright owner may be able to recover attorneys' fees and up to $100,000 in damages, without having to prove monetary loss.
After a copyright is registered, the owner can record the registration with the U.S. Customs Service for protection against infringing imported copies.
The owner of a registered copyright receives a certificate of registration.



Registering your Copyright

Registration Cost Money
Proquest - $55.00
U.S. Copyright Office - $35.00 for electronic filing, $85.00 for paper filing. Visit: http://copyright.gov/eco/



The Scholars' Mine License

This license is non-exclusive
You retain all copyright
You transfer to us the right to publish and maintain your work in Scholars’ Mine
You can still publish elsewhere



Questions?
For Help

Visit www.libguides.mst.edu/copyright
Contact the library for assistance:
400 W 14th. Street, Rolla MO 65409-0060
Phone: (573) 341-4227
Email: library@mst.edu or weaverjr@mst.edu


Full transcript