What is ‘Intellectual Property’? Copyright –Protects creative expression Patent –Protects useful inventions Trademark –Protects corporate identities and products Trade secret –Protects formulas and processes that are not easily discovered
The Purpose of Copyright According to the U.S. Constitution: To promote the progress of science and useful arts. Title 17 of the United States Code
What is copyright? Copyright is a bundle of rights: The right to reproduce the work The right to distribute the work The right to prepare derivative works The right to perform the work The right to display the work The right to license any of the above to third parties
Requirements for protection An original work of authorship Creativity (not much) Fixed in a tangible medium of expression
What copyright protects Copyright protects… Writing Choreography Music Visual art Film Architectural works Copyright doesn’t protect… Ideas Facts Titles Data Useful articles (that’s patent)
The Public Domain Works in the public domain are free for anyone to use, without permission. Works published before 1923 (sold, offered for sale, leased…) Some works published between 1923 and 1963, but ‘publication’ complicates determination (was it published, registered, renewed?) Works by the United States Government
Who is the copyright holder? The creator is usually the initial copyright holder. Often transferred or assigned by contract or license. If two or more people jointly create a work, they are joint copyright holders, with equal rights. They have to ‘account’ to each other. With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.
Fair Use – 17 USC 107 There is no easy formula for determining fair use, but there are four factors to consider: 1) The nature of the work (factual, creative) 2) The purpose of the use (educational, for-profit) 3) Amount of the work being used (a little or a lot – and what part eg last page of a mystery?) 4) The potential impact of the use on the market for the original.
Tips for clearing permissions Begin the process as early as possible. Make your request in the manner preferred by the publisher, even if that manner is fax. Provide detailed information about the work you want to use and the way you plan to use it. Follow up regularly. Detective work.
Can’t figure out who the copyright holder is? Can’t get a response from the person you think might be the copyright holder?... orphan work. (Hot issue in Google settlement…) 75% of all books are out of print but still subject to copyright. Have to make a judgment call. Review fair use factors and nature of situation.
Negotiate with the publisher –Make changes on the form the publisher sends you. –Attach an author addendum (see our website) Choose a publisher with a good author rights policy. Find publisher deposit policies at: http://www.sherpa.ac.uk/romeo.php
Choosing an author addendum Michigan has an addendum that requests a limited set of rights There are other, broader options at http://scholars.sciencecommons.org/ Make sure you have the rights you need to use and share your own work.
What is Creative Commons? Provides free legal tools that help authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. Solves practical problems.
What is Open Access? Free, permanent, full-text, online access to scientific and scholarly material, primarily research articles published in peer-reviewed journals. -know what you sign -keep track of your rights
Deep Blue institutional repository access to published and unpublished work by University of Michigan faculty and students Work deposited in Deep Blue will be crawled by Google and other search engines, preserved over the long term, and made available at a URL that will never break.
Common questions I found a photograph (or a graph or a figure) on the web (or in a journal article), how can I legally use it in my report? If it's on the web, doesn't that mean that it's free for anyone to use? Who owns the copyright on my technical report (journal article, conference paper)?
Common questions I've had a request from an author who wants to use one of the graphs (charts, tables, images) from one of my reports. What should I tell her? I have a list of my publications on my website. Can I put in links to the full text of journal articles (conference papers, book chapters)? How much of another author's text can I quote in my own publication? Can I use as much as I want as long as I attribute the source?
Common Question #1 “A friend of mine is editing an anthology of writing about Virginia Woolf, and wants to include a paper I published last year. I’m thrilled. Can I tell her yes?” Short answer: Probably not.
Question #2 “When I was hired, I had to sign a form saying that the copyrights of all the work that I create, including my teaching materials and journal articles, belong to the University. Is that true?” Short answer: No. Standard Practice Guide 601.3-2
Question #3 “I found a great photo of the Sydney opera house and I’d like to use it in a presentation I’m giving at an urban planning conference. Can I do that?” Short answer: It depends, but probably yes.
Question #4 “I’ve been posting PDFs of my articles on my personal website for years. Am I breaking the rules?” Short answer: Almost definitely. But…
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