Copyright – What do you know? Is it infringement? One of your students creates a video play for your class. In the play, a character sings Happy Birthday (7).
Copyright – What do you know? Is it infringement? Your department has purchased a DVD for use in the classroom. You make a copy to ensure that if the DVD is lost or broken, you have a backup.
Copyright – the Law Copyright Act of 1790 Copyright Act of 1909 (before 1909) Copyright Act of 1909 (amended 1973) Copyright Act of 1976 http://www.copyright.gov/history/index.html
Copyright – the Law U.S. Code (17 USC, section 106 - 1976) Digital Millennium Copyright Act (1998) Technology, Education, and Copyright Harmonization (TEACH) Act (2002) Comparison of above - http://www.unc.edu/~unclng/TEACH.htm http://www.unc.edu/~unclng/TEACH.htm Federal Educational Rights & Privacy Act (FERPA)
Copyright – What is it? Intellectual property protection for “…original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Copyright Law of the United States (Ch 1, p8) http://www.copyright.gov/title17/
Copyright holders – exclusive rights to: Reproduction Adaptation Publication Performance Display Copyright – What is it?
Copyright – What is protected? Literary works Pictorial, graphic and sculptural works Motion pictures Audiovisual works Sound recordings
Copyright – What is not protected? Facts Ideas not in fixed form Works produced by federal government employees
Copyright – What is it? Non-dramatic literary or musical work (excludes audiovisual works) Non-dramatic novel essay poetry / poem short story symphony Dramatic stage play theatre piece music video opera musical Work uses dialogue and action to tell a connected story Work is “related” - not performed.
Copyright – How long is it? Created on /after January 1, 1978 Made for hire, anonymous Public domain – no copyright Life of author plus 70 years 95 years from date of publication or 120 years from date of creation, whichever is shorter
Copyright – What do you know? Is it infringement? Your students are struggling with a written assignment. You find an old paper from a student last year and photocopy it to show students a good example. You make sure to remove the student’s name and any grading marks. (10)
Copyright - Lawsuits “Kinko’s case” Basic Books, Inc. v. Kinko's Graphics Corporation, 758 F. Supp. 1522 (SDNY 1991) – Kinko’s had copied materials representing 5 – 24% of works – Did not prohibit coursepacks – Did prohibit unlawful reproduction and sale of coursepacks – without copyright permissions
Copyright – Lawsuits almost AAP (American Association of Publishers) – Cornell, Hofstra, Syracuse, Marquette Universities – Concern with manner of providing copyrighted materials in digital format (e-reserves, faculty webpages, CMS) – Resolved with jointly-drafted guidelines – Cornell’s Guidelines Cornell’s Guidelines
Fair Use – Four Factors 1.Purpose 1.Nature 1.Amount 1.Effect Why are you using this work? What is the nature of the work? How much are you using? What is the effect on the market?
Fair Use - Purpose Criticism Commentary News reporting Parody / satire Education Non-profit Personal Commercial Seek Permission Fair Use Copyright Infringement
Fair Use - Nature Mix of fact and imaginative Factual Published Creative Unpublished Consumable Seek Permission Fair Use Copyright Infringement
Fair Use - Amount Small amount Non-essential Significant Entire work Seek Permission Fair Use Copyright Infringement
Fair Use - Effect No effect on market Harms the sale Are reasonably priced Seek Permission Fair Use Copyright Infringement
Copyright - Lawsuits “Georgia State University case” – several publishers (2008) – GSU “pervasive, flagrant and ongoing” distribution of copyrighted materials in digital form – Electronic reserves, Blackboard/WebCT, online syllabi, servers – Seeking injunction to stop, but no money
Copyright – Fair Use Mediated instructional activities: Integral part of class Under supervision/control of instructor In a manner analagous to performance/display in live, F2F classroom (digital)*
TEACH Act – Additional Reqs Authentication Enrollment Time Amounts Download controls Guide to the TEACH Act (University System of Georgia)
Copyright – What do you know? Is it infringement? You’re teaching Sociology and you have a chapter from an old textbook that you want your students to read. You photocopy it and hand it out in class. You decide to use it every semester. (1)
Classroom Copying - Guidelines Multiple copies allowed (no more than per student) provided that copying: A.Meets test of brevity and spontaneity B.Meets test of cumulative effect C.Contains copyright notice Limits on amount copiable Time requirements Limits on instances of copying
Copyright – Printed Materials Reproducing printed materials for use in class: A book chapter An article from periodical or newspaper A short story, short essay, short poem A graph, diagram, chart, cartoon, drawing, picture from a book, newspaper, periodical Next 14 slides drawn from: Stanford University Copyright and Fair Use Overview Mediated instructional activities: Integral part of class Under supervision/control of instructor In a manner analagous to performance/ display in live, F2F classroom
BUT Copyright notice must be attached (each item) Copying must NOT replace textbook, workbook Must not charge more than actual cost of copying Must not exceed one copy per student Cannot copy texts, workbooks, standardized tests, etc created for educational use (consumables) 1
AND (Brevity test) Restrictions: Complete poem IF < 250 words Excerpt of no more than 250 (if longer poem) Complete article, essay, story IF < 2500 words Excerpt from prose of no more than 1000 words or 10% of entire work, whichever is less One (1) graph, diagram, chart, cartoon, drawing, picture per book, newspaper, periodical
AND (Spontaneity test) Idea for copying derives from teacher, not administration Idea and copying must occur close in time – so close that no time for permission request and granting
AND (Cumulative Effect test) Per class term restrictions – all of above, plus Per author – One story, short poem, article, essay – Two excepts Per collective work, periodical volume – No more than three stories, short poems, articles, essays (or combination) Only nine (9) instances per course
Copyright – Music Reproducing music for use in class: Excerpts of sheet music, printed works IF – Do NOT make a “performable unit” (entire song, section, movement, aria) – Do NOT exceed 10% of entire work – Do NOT exceed one copy per student – Purchased copies can be edited IF fundamental character of work NOT distorted or lyrics altered Image from http://levysheetmusic.mse.jhu.edu/levy-browse.htmlhttp://levysheetmusic.mse.jhu.edu/levy-browse.html
AND Recording of a performance – Single (1) recording for purposes of evaluation or rehearsal – Institution or teacher can retain a (1) copy Sound recording owned by institution or teacher (tape, CD, cassette) – Single copy IF for aural exercises, exams – Institution or teacher can retain a (1) copy Must include copyright notice ♫
BUT Instructor CANNOT copy: Sheet music, recordings to make compilation Sheet music, recordings for performances From “consumables” (texts, workbooks, etc.)
Copyright – What do you know? Is it infringement? You record a program from PBS’s Nova in October and show it to your class the next March. (3)
Copyright - Television Recording network shows: Keep copy for 45 days BUT use for instruction only first 10 days Played once by individual teacher for instruction After 10 days, use only for teacher evaluation (should we use it in curriculum? Yes – MUST obtain permission) After 45 days, recording MUST be erased
AND Recorded only at request of instructor Used only by instructor No standing requests; no anticipated requests Copies only for individual instructor NO compilation Must include copyright notice
Copyright – Digital Images Can digitize an analog image IF digital image not available at fair price Can display for lectures, scholarly presentations Institution can compile digitized images on secure network for students enrolled in class for review or directed study. – Must include statement prohibiting: downloading, copying, retention, printing, sharing, modification
Copyright – Digital CANNOT reproduce or publish images in publications (incl. scholarly publications)
Copyright – Multimedia Students, instructors preparing MM works: MM = combination of music, text, graphics, illustrations, photographs, images, video For F2F instruction, directed self-study, remote instruction Only systematic learning activities at no-profit educational institutions Can use MM presentation up to 2 yrs after 1 st use ♪ ♪
Copyright – Multimedia Portion restrictions (cumulative effect test): 10% or 1000 words (whichever is less) No more than 3 poems by single author No more than 5 poems by different poets in an anthology Up to 10% or 3 minutes of motion media One (1) photo/illustration by single artist No more than 10% or 15 images (whichever is less) from collective work
Copyright – Multimedia Portion restrictions: 10% or 2,500 cell entries from database or data table Other restrictions: Only 2 copies of MM project, one of which can be on reserve Additional 1 copy for preservation (used only to replace stolen, lost, damaged original)
Copyright Resources TEACH Act Toolkit (North Carolina State University)http://www.provost.ncsu.edu/copyright/toolkit/http://www.provost.ncsu.edu/copyright/toolkit/ UT System Crash Course in Copyright http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top UT System Intellectual Property Policy http://www.utsystem.edu/ogc/intellectualproperty/2xii.htm http://www.utsystem.edu/ogc/intellectualproperty/2xii.htm AAP (Association of American Publishers) Copyright - Rights and Permissions http://www.publishers.org/main/Copyright/copyPermission_01.htm?id=2 0 http://www.publishers.org/main/Copyright/copyPermission_01.htm?id=2 0 Reproduction of Copyrighted Works by Educators and Librarians http://www.copyright.gov/circs/circ21.pdf http://www.copyright.gov/circs/circ21.pdf
http://www.copyright.gov/1201/2008/comments/library-copyright-alliance- mla-summary.pdf Audiovisual works included in a library of a college or university, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by professors. First, it should apply to audiovisual works included in any college or university library, not just the library of the media studies department. Second, the exemption should apply to classroom uses by instructors in all subjects, not just media studies or film professors.