Presentation on theme: "Copyright/OA Bootcamp Welcome. Copyright/OA Bootcamp Bobby Glushko University of Michigan Copyright Office."— Presentation transcript:
Copyright/OA Bootcamp Welcome
Copyright/OA Bootcamp Bobby Glushko University of Michigan Copyright Office
Copyright/OA Bootcamp Copyright Basics
Copyright 17 USC §§ 101-1332
That's a lot of sections So we better get started!
I kid... 102- Subject Matter of Copyright 106- The Exclusive Rights 107- The Fair Use Limitations 108- The Library Exemptions
17 USC 102- Subject Matter of Copyright What can be protected by copyright?
Copyright Subsists In: 1)[O]riginal works of authorship 2)fixed in any tangible medium of expression, now known or later developed.
Original Works of Authorship No protection for something that has already been authored by someone else...
Fixed in any tangible medium Must be in observable, concrete form
No matter how grand or trivial Youtube Videos of your cat The new American Novel Shopping List
Published and Unpublished Protection applies regardless. In fact, it may be stronger for unpublished works.
17 USC 106- The Exclusive Rights Copyright is fundamentally about excluding others from the use of non-rivalrous property
Exclusive rights in copyrighted works 1. Reproduce the work 2. Reinvent the work 3. Distribute the work 4. Perform the work 5. Display the work 6. Transmit the work
Most relevant here 1. Reproduce the work 2. Reinvent the work 3. Distribute the work
Right to control reproductions
Right to control derivative works
Right to control distribution
17 USC 107 – The Fair Use Limitation The exclusive rights have limits. The 1 st Amendment demands this.
The enumerated fair uses Criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.
4 Factor Test The Nature of the original work The Purpose of the use The Amount of the original work The Effect on the Market for the original
Unlisted Factor Are you a good guy or a bad guy?
17 USC 108- The Library and Archive Exemptions Because of the vital role they play, libraries have a special set of exemptions
The Library and Archive Exemptions, Generally Libraries and archives are allowed to do the following otherwise infringing activities: 1. Make and distribute reproductions to patrons 2. Make reproductions for preservation or replacement 3. Enhanced rights where the work is not available at a reasonable price
Don't forget 107 108 works along 107. Double limitation!
Shameless Self Promotion Pushing Libraries and Archives to the Edge of the Law Bobby Glushko Available on SSRN
The Digital Millennium Copyright Act Complex Legislation Varying Relevance
Notice and Takedown Pretty much saved the Internet.
Only Applies to OSPs But the general principles apply to all actors on the Internet.