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Brian Cockburnon 19 February 2015
Transcript of Copyright Navigator
Research and Scholarship
Manage Your Creations
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
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
Other 3 factors still apply
Kelly v. Arriba Soft 280 F. 3d 934 9th Cir. (2002)
Rely on TEACH Act...
Attempts to enable teaching activities comparable to traditional F2F classroom.
US Code, 17 USC §110(2)
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)
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.
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.
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)
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.
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
Life of the author + 75
Corporate or anon. 95 from pub. date or 120 from creation date
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
Why and How....