Presentation on theme: "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."— Presentation transcript:
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. Constitution: Article 1, Section 8 Colorado State University Professional Development Institute January 6, 2010 Copyright Issues in Higher Education
Copyright Basics What is Copyright? What Does Copyright Protect? What Does Copyright Not Protect? How Do I get Copyright Protection? What Does it Mean to Owners? What Does it Mean to Users? Can I use a Copyrighted work without permission?
What is Copyright? Copyright is a form of protection provided by the laws of the United States to authors of original works of authorship. It is available for both published and unpublished works. It generally gives the owner of the copyright exclusive rights to the work for a period of time before the work goes into the public domain.
What Does Copyright Protect? Original Works of Authorship - A Persons Unique Way of Saying Something Fixed in a Tangible Medium – Does not have to be directly perceptible as long as it can be communicated with the aid of a machine or device
Categories of Protected Works: Literary works Musical works, including accompanying lyrics Dramatic works, including accompanying music Pantomimes and choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works
Note Ownership of a copy of a book, manuscript, painting or other work protected by copyright does not give the possessor of that work any ownership rights in the underlying copyright embodied in the work. First Sale Doctrine does give purchaser of a work certain rights to the work itself.
What is not protected by Copyright? Works that have not been fixed Titles, names, short phrases Listings of ingredients/contents, directions Ideas, concepts, methods, processes Works consisting only of information that is common property (i.e. height/weight charts, tape measures, etc.) Works authored by the US Government
How do I get Copyright Protection for my work? Copyright Protection begins the Moment a Work is fixed in a Tangible Medium. It is Automatic Use of a Copyright Notice is Not Required Registration Carries Certain Benefits but is Only Required to Bring a Lawsuit
Copyright Term and Public Domain Works published before 1923 are in the public domain. The copyright term for works published after 1978: Life of author + 70 years; and Works for hire: the shorter of publication + 95 years or creation + 120 years. No new works will enter the public domain until 2019.
Copyright term continued… Many variations in copyright terms and it can be very confusing. Cornell has a really good website that goes through all of these: http://www.copyright.cornell.edu/reso urces/publicdomain.cfm
Exclusive Rights of the Copyright Owner Reproduce the work Prepare derivative works based on the work Distribute copies of the work by sale, lease or lending Perform the work publically in the case of literary, musical, dramatic and choreographic works, pantomimes and motion pictures and other audio visual works Display the work publicly, in the case of literary, musical, dramatic and choreographic works, pictorial, graphic or sculptural
Droit Moral – The right of the Artist to protect the integrity of their work Visual Artists Rights Act of 1990 (VARA) Applies to Visual Arts – paintings, sculptures, and limited edition photographs and prints (less than 200 signed and numbered) Grants Author of a work of Visual Art protection against: Misattribution (although can ask to have name removed) Distortion, mutilation or modification of the work which is likely to harm the reputation of the author Destruction of any work of Recognized Stature Rights are personal to Author and end upon their death Can be waived in a written agreement signed by the Author
Who Owns the Copyright? The Author is the Owner Joint Authorship/Ownership Each a Contributor of copyrightable expression At the time of creation: Intend to create a unified whole Intend to be joint authors Each can exploit but must account to the other Each can create derivative works
Work Made for Hire Specially Commissioned or Ordered Work The parties MUST agree to this in a signed written document; AND Only applies to: 1) contribution to a collective work; 2) part of a movie or audiovisual work; 3)translation; 4) compilation; 5) supplementary work; 6) instructional text; 7) a test; 8) answer material for a test; or 9) an atlas Person who commissioned will be the Author
Employer Ownership of Employees Work Employees Work within the Scope of Employment will also be considered a Work for Hire At work During work hours Using work facilities and resources
Section J J.12.1 Academic Materials created by Members on their own initiative in the ordinary course of teaching to meet the reasonable needs of currently enrolled students, including distance or handicapped students, and not involving University Resources, belong to the Member. The Member has sole control over the content and use of the Academic Materials, is authorized to place supplemental classroom materials on a University Web site, may set access permissions to that site, and may assert exclusive copyright in their works. The University shall not exploit the Academic Materials nor authorize other employees to use the Academic Materials or derivatives of those Academic Materials in their classes without permission of the Member.
Section J continued… The ownership of student works created in the course of academic requirements shall be with the student and the University may retain the work as needed for its instructional or record-keeping purposes. The University and the Members may not use the work in any other manner without the written consent of the student. Ownership of Works created in the course of sponsored research or other agreements are subject to the provisions described in Section J.7.
Important Exceptions for use of Copyrighted works in Higher Education Special Provisions for Libraries Modifications for Blind and Disabled Classroom Performances/Displays TEACH Act Fair Use
ILL copyright rules: We abide by CONTU guidelines (National Commission on New Technological Uses of Copyrighted Works; established by US Congress, operated 1975 – 1978) We may obtain 5 copies of articles from a work published in the last 5 years/year before we must start paying copyright royalties on each subsequent copy. Older than 5 years are not counted
ILL copyright rules: Copyright averaged around $35 for each article we had to pay for last year. It is sometimes cheaper to buy the electronic version from the publisher than to pay royalties through Copyright Clearance Center
Copyright guidelines for Electronic reserve: Scan item with title page and copyright info No more than one book chapter or article from a journal issue per class Dont combine several items from various sources into one new ER reading
Copyright guidelines for Electronic reserve: Some electronic journal licenses may forbid placing the article on ER. We will create links instead If items are reused for more than one semester, copyright royalties may be required. Link to Web sites or Web pages, dont copy and paste into a new document
Adapted Works -- Accessibility Section 121 permits adaptation of works for individuals with disabilities where the copyright owner has not made special versions available (e.g. brail, large type, audio, etc.) You may even circumvent technical protections to do so
Classroom Teaching Exception Instructors and students at a non-profit educational institution may use, display, and/or perform in a classroom environment any copyright-protected material or work Provided that: The work used was legally obtained The intended use of the work is strictly educational Distribution is in a location designed primarily for educational purposes Teaching and learning occur simultaneously (e.g. not a recording) See TILT Guide: Copyright Essentials for EducatorsCopyright Essentials for Educators
Can you show a movie on campus without getting copyright permission? Is that only allowed in the classroom? Neat Chart from: http://counsel.wlu.edu /tutorial/movies.pdf
Technology, Education and Copyright Harmonization (TEACH) Act The TEACH act was put into place to clarify the use of copyrighted materials in online education Applies only to materials you would ordinarily use in a classroom setting There are, however, many factors and limitations that must be considered Good guidance is available on the TEACH Act page of the Copyright Essentials for Educators Guide on the TILT Web site: http://tilt.colostate.edu/guides/tilt_copyright/exemption_distance.cfm
Fair Use Statute Fair Use is provided for in the Copyright Act at Section 107 It embodies a balance between the interest of the copyright owner in exploiting their work and the publics interest in accessing the work It also addresses First Amendment concerns allowing limited use of a work for comment, criticism and parody Fair use addresses market failures to allow good but uneconomical use of copyrighted works
Four Factor Fair Use Test Purpose and character of the use Nature of the copyrighted work Amount and importance of part used Effect on the potential market for or value of the copyrighted work
Purpose and Character of the Use Non-Profit educational or commercial purpose? Nature of the Copyrighted Work Factual or Artistic? Amount and Importance of Part Used The whole work? Just the most significant part? Effect on the Market Does use compete with Copyright owners sales Repeated use tends to have more impact on the market
Safe Harbors do Exist… Catholic University has a nice chart summarizing these on its website: www.cu.edu/ip/copyright/downloads/Quick-Ref-Chart.pdf www.cu.edu/ip/copyright/downloads/Quick-Ref-Chart.pdf
Need more information? Copyright Essentials for Educators A TILT Teaching Guide from the Institute for Learning and Teaching at Colorado State University
How much does Copyright cost? For the Spring 10 semester, copyright fees ranged from $.49 – $36.87 per student. This is for copyright fees only. Other costs to complete course packets include printing costs and bookstore charges.
Remember! Copyright permissions need to be cleared every semester!
Contact information: Linda Schutjer, Senior Associate Legal Counsel, Office of General Counsel 491-6270 Peter Connor, Communications director, The Institute for Teaching and Learning 491-5277 Sherri Lebeda, Communication and Creative Services 491-6432 Teresa Negrucci, Collection Assessment and Management Librarian; Assistant Professor 491-1438