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Copyright Workshop The College of Saint Rose Michael Stratton John Ellis Version 7.

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1 Copyright Workshop The College of Saint Rose Michael Stratton John Ellis Version 7

2 “Only one thing is impossible for God: To find any sense in any copyright law on the planet.” - Mark Twain

3 Copyright Terminology Copyright Terminology Copyright Copyrightable Material Copyright Infringement Public Domain Off-Air Recording Public Performance Rights Fair Use DMCA TEACH Act Family Entertainment and Copyright Act Family Entertainment and Copyright Act

4 Copyright Any original work that is set in a fixed medium is automatically copyrighted. Any original work that is set in a fixed medium is automatically copyrighted. Writing it on paper Writing it on paper Saving it on a computer Saving it on a computer Posting it on a web site Posting it on a web site Recording video or audio onto tape, CD, DVD, etc. Recording video or audio onto tape, CD, DVD, etc. Works no longer need to be registered in order to be copyrighted. Works no longer need to be registered in order to be copyrighted. Works do not need a © or other copyright indication. Works do not need a © or other copyright indication.

5 Copyright The copyright owner has exclusive rights to: The copyright owner has exclusive rights to: 1. Reproduce the work 2. Create a derivative work 3. Distribute the work (including the Internet & WWW) 4. Perform the work publicly (including the Internet & WWW) 5. Display the work publicly (including the Internet & WWW)

6 Copyright Infringement Willful infringers face fines of up to $250,000 per violation. They also face up to 5 years in federal prison. They are also liable for civil lawsuits. Realistically though, few people are charged under these laws. Most copyright violation cases are civil actions that are typically settled out of court. But, remember, the infringer is primarily liable, NOT the school!

7 Technology Technology makes it easy to violate copyrights Technology makes it easy to violate copyrights But,…… But,…… Technology also makes it easier to detect copyright infringements Technology also makes it easier to detect copyright infringements Network logs Network logs Forwarding of attachments Forwarding of attachments “Digital Fingerprints” “Digital Fingerprints” Copyright Infringement Bounty Hunters Copyright Infringement Bounty Hunters Disgruntled employees, students, colleagues Disgruntled employees, students, colleagues

8 Example The following slides show a typical copyright infringement notification that the College receives when there is evidence of a copyright infringement on its network. The following slides show a typical copyright infringement notification that the College receives when there is evidence of a copyright infringement on its network.

9 Illegal File Sharing Dear Sir or Madam: BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount Pictures Corporation ("Paramount") has authorized BayTSP to act as its agent for copyright infringement notification. BayTSP's search of the protocol listed below has detected infringements of Paramount's copyright interests on your IP addresses as detailed in the attached report. BayTSP has reasonable good faith belief that use for the material in the manner complained of in the attached report is not authorized by Paramount, its agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification under provisions of section 512(a) of the U.S. Digital Millennium Copyright Act to effect removal of the detected infringement listed in the attached report. The attached documentation specifies the exact location of the infringement. The Notice ID identifies the copyrighted works by file identification number. We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others Paramount's materials in the future. Please send us a prompt response indicating the actions you have taken to resolve this matter. Please reference the Notice ID number above in your response.

10 Illegal File Sharing Infringed Work: Sum Of All Fears, The Infringing FileName: THE SUM OF ALL FEARS(2of2).avi Infringing FileSize: Protocol: Gnutella Infringers IP Address: Infringer's User Name: None Initial Infringement Timestamp: 15 Jan :56:19 GMT Recent Infringement Timestamp: 15 Jan :56:19 GMT Infringement DNS Name: Initial Infringement Timestamp: 15 Jan :56:19 GMT Recent Infringement Timestamp: 15 Jan :56:19 GMT Infringement DNS Name:

11 Illegal File Sharing The RIAA has filed more than 18,200 copyright infringement cases across the country on behalf of record companies. The RIAA has filed more than 18,200 copyright infringement cases across the country on behalf of record companies. Average settlement is $3,000 Average settlement is $3,000 Family owes $4,080 for music downloads Family owes $4,080 for music downloads Family owes $4,080 for music downloads Family owes $4,080 for music downloads Illegal downloads don't pose ethical problem for college students Illegal downloads don't pose ethical problem for college students Illegal downloads don't pose ethical problem for college students Illegal downloads don't pose ethical problem for college students Sinking a music pirate Sinking a music pirate Sinking a music pirate Sinking a music pirate

12 Public Domain Anything created by the federal government is in the public domain. Anything created by the federal government is in the public domain. This is not necessarily true for materials created by state or local governments. This is not necessarily true for materials created by state or local governments. After a long time period, copyrighted materials fall into the public domain. After a long time period, copyrighted materials fall into the public domain. The World Wide Web is NOT in the public domain for copyright purposes. The World Wide Web is NOT in the public domain for copyright purposes.

13 Works in the Public Domain Works published before January 1, Works published before January 1, Works published between 1923 and 1978 that did not contain a valid copyright notice. Works published between 1923 and 1978 that did not contain a valid copyright notice. Works published between 1923 and 1978 for which the copyright was not renewed. Works published between 1923 and 1978 for which the copyright was not renewed. Works authored by employees of the federal government. Works authored by employees of the federal government. Works that the copyright owner has freely granted to the public domain. Works that the copyright owner has freely granted to the public domain.

14 Copyright Web Sites U.S. Copyright Office U.S. Copyright Office Cornell University Copyright Term and the Public Domain in the United States Public_Domain.htm Cornell University Copyright Term and the Public Domain in the United States Public_Domain.htm Public_Domain.htm Public_Domain.htm A Teacher's Guide to Fair Use and Copyright A Teacher's Guide to Fair Use and Copyright

15 Off-Air Television Program Recording Programs can only be recorded if they are simultaneously transmitted over the airwaves Programs can only be recorded if they are simultaneously transmitted over the airwaves Capital region – Channels 6, 10, 13, 23, 45, 17 Capital region – Channels 6, 10, 13, 23, 45, 17 Subscription cable or satellite programs cannot be recorded without permission Subscription cable or satellite programs cannot be recorded without permission Some programs allow for more flexible recording for educational use Some programs allow for more flexible recording for educational use Private individuals have more rights regarding off-air recording – “Time Shifting” Private individuals have more rights regarding off-air recording – “Time Shifting”

16 Off-Air Television Program Recording Recorded programs can be retained for only 45 days Recorded programs can be retained for only 45 days Recorded programs can be shown to a class within the first 10 days of the 45 day period Recorded programs can be shown to a class within the first 10 days of the 45 day period Recorded programs can be shown a second time to the class for reinforcement Recorded programs can be shown a second time to the class for reinforcement After 10 days, the recorded program may be viewed by the teacher for review and evaluation After 10 days, the recorded program may be viewed by the teacher for review and evaluation After 45 days, the recorded program must be erased or destroyed – PBS example After 45 days, the recorded program must be erased or destroyed – PBS example

17 Off-Air Television Program Recording The recordings cannot be altered in any way The recordings cannot be altered in any way No closed captioning can be added No closed captioning can be added No translations can be added No translations can be added No anthologies or compilations of clips of programs or movies can be created No anthologies or compilations of clips of programs or movies can be created Duplicate copies can be made if several professors/instructors request the same program to be recorded Duplicate copies can be made if several professors/instructors request the same program to be recorded All copies must include the copyright notice from the broadcast program. All copies must include the copyright notice from the broadcast program. Requests for videotaping must be made by the professor/instructor Requests for videotaping must be made by the professor/instructor Educational institutions are expected to establish policies and procedures based on these rules Educational institutions are expected to establish policies and procedures based on these rules

18 Public Performance Rights In order to show a video or DVD in a public setting, you must rent or purchase a “Public Performance Rights” version. In order to show a video or DVD in a public setting, you must rent or purchase a “Public Performance Rights” version. Showing movies in St. Joseph Auditorium Showing movies in St. Joseph Auditorium Showing movies in the Lally Forum Showing movies in the Lally Forum Any movie showing that is open to the campus community or the general public. Any movie showing that is open to the campus community or the general public. Any movie showing for entertainment, socialization or reward. Any movie showing for entertainment, socialization or reward. Swank Motion Pictures, Inc. Swank Motion Pictures, Inc.

19 Fair Use Fair use or Section 107 of the Copyright Act allows reproduction and other uses of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use or Section 107 of the Copyright Act allows reproduction and other uses of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.

20 Fair Use Copyright is the right to exclude, not to publish Copyright is the right to exclude, not to publish Uses that advance public interests such as criticism, education or scholarship are favored by the courts Uses that advance public interests such as criticism, education or scholarship are favored by the courts It is difficult to define fair and reasonable It is difficult to define fair and reasonable In education, most aspects of Fair Use are limited to face-to-face instruction in the classroom. In education, most aspects of Fair Use are limited to face-to-face instruction in the classroom.

21 Fair Use Four Rule Factor 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.* 2. The nature of the copyright work. a) Creative versus factual – Creative works are more protected b) Published versus unpublished – Unpublished works are more protected 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. 4. The effect of the use upon the potential market of or value of the copyrighted work. ** * Just because it’s educational doesn’t necessarily mean that it’s Fair Use. ** You can’t use Fair Use as excuse to save money

22 Educational use alone is not enough to constitute Fair Use. Brevity Brevity Spontaneity Spontaneity Cumulative Effect Cumulative Effect Copying Shall Not: Copying Shall Not: Substitute for the purchase of books, etc. Substitute for the purchase of books, etc. Be directed by higher authority Be directed by higher authority Be repeated with respect to the same item by the same teacher from semester to semester. Be repeated with respect to the same item by the same teacher from semester to semester. Include workbooks, worksheets, test blanks or other consumables without permission of the copyright owner. Include workbooks, worksheets, test blanks or other consumables without permission of the copyright owner.

23 Fair Use - Brevity Text Material Up to 10% or 1000 words, whichever is less Music, Lyrics Up to 10%, but no more than 30 seconds. Motion Media Up to 10% or 3 minutes, whichever is less. Illustrations, Photographs No more than 5 images from an artist/photographer, or no more than 10% or 15 images from a published collective work. Numerical Data Sets (e.g. databases) Up to 10% or 2,500 fields, whichever is less.

24 Fair Use - Spontaneity Copying may be permissible if there is not enough time to obtain permission Copying may be permissible if there is not enough time to obtain permission The same copyrighted materials cannot be used year to year or semester to semester The same copyrighted materials cannot be used year to year or semester to semester The use of copyrighted material must be at the inspiration of the individual The use of copyrighted material must be at the inspiration of the individual Department chairs, principals or other individuals cannot direct the copying Department chairs, principals or other individuals cannot direct the copying Copying cannot be done in anticipation of a possible need Copying cannot be done in anticipation of a possible need

25 Seeking Permission You need to get permission from the actual copyright owner. You need to get permission from the actual copyright owner. This may not necessarily be the author, artist or creator or the work. This may not necessarily be the author, artist or creator or the work. You should document this permission in writing. You should document this permission in writing. If you ask permission but receive no response, this does not mean that you can use the material. If you ask permission but receive no response, this does not mean that you can use the material. ITS, the Library or the Campus Store can assist you in seeking permission. ITS, the Library or the Campus Store can assist you in seeking permission.

26 Digital Millennium Copyright Act DMCA Anti-circumvention of protected copyrighted materials. Anti-circumvention of protected copyrighted materials. Addresses illegal sharing of music, video or other computer files. Addresses illegal sharing of music, video or other computer files. Need to designate an agent to receive notices from copyright owners alleging infringements. Need to designate an agent to receive notices from copyright owners alleging infringements. Policies to reduce both vicarious and contributory liabilities. Policies to reduce both vicarious and contributory liabilities.

27 The TEACH ACT Technology, Education and Copyright Harmonization Act Technology, Education and Copyright Harmonization Act The TEACH Act expands Fair Use to include distance learning The TEACH Act expands Fair Use to include distance learning In order to take advantage of the TEACH Act, educators and their institutions must abide by several rules. In order to take advantage of the TEACH Act, educators and their institutions must abide by several rules.

28 To take advantage of the TEACH Act: Must be an accredited nonprofit institution Must be an accredited nonprofit institution Institution must have a copyright policy Institution must have a copyright policy Copyright information must be provided to faculty, students and relevant staff members Copyright information must be provided to faculty, students and relevant staff members Students must be notified that materials used in connection with the course may be subject to copyright protection Students must be notified that materials used in connection with the course may be subject to copyright protection The transmission of content must be available only to students registered for the course and precautions must be taken to prevent the further dissemination of the content The transmission of content must be available only to students registered for the course and precautions must be taken to prevent the further dissemination of the content The copyrighted material should be available for only as long as necessary for the course. The copyrighted material should be available for only as long as necessary for the course.

29 The TEACH ACT You cannot digitize (scan documents, convert VHS to DVD) copyrighted materials unless you determine that no digital version is available. You cannot digitize (scan documents, convert VHS to DVD) copyrighted materials unless you determine that no digital version is available. The copyrighted material must be legally acquired before it is digitized. The copyrighted material must be legally acquired before it is digitized. The material must be similar to what would be used in class for in-class use. The material must be similar to what would be used in class for in-class use. The material must be used at the inspiration of the professor/teacher. The material must be used at the inspiration of the professor/teacher. Material intended for homework and out of class assignments should not be used. Material intended for homework and out of class assignments should not be used. The World Wide Web is not public domain. The World Wide Web is not public domain. Link to WWW content rather than copy it. Link to WWW content rather than copy it.

30 The TEACH ACT Use Blackboard to post copyrighted materials as long as Fair Use guidelines are followed. Use Blackboard to post copyrighted materials as long as Fair Use guidelines are followed. Do not allow guest access to your Blackboard courses. Do not allow guest access to your Blackboard courses. Use streaming media technologies along with Blackboard to use copyrighted audio and/or video as long as Fair Use guidelines are followed. Use streaming media technologies along with Blackboard to use copyrighted audio and/or video as long as Fair Use guidelines are followed.

31 Family Entertainment and Copyright Act Makes camcording in a theater a federal felony Makes camcording in a theater a federal felony First-time violators can be sentenced to between three and five years in federal prison First-time violators can be sentenced to between three and five years in federal prison Violators can be fined up to $250,000 Violators can be fined up to $250,000 Copyright owners are wielding significant lobbying pressure in Congress Copyright owners are wielding significant lobbying pressure in Congress

32 Eroding Fair Use Rights Copyright owners are wielding significant lobbying pressure in Congress Copyright owners are wielding significant lobbying pressure in Congress Copyright owners are more aggressively protecting their copyrighted materials Copyright owners are more aggressively protecting their copyrighted materials Educators are not adequately voicing their support for Fair Use rights Educators are not adequately voicing their support for Fair Use rights

33 Questions ?


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