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Copyright/OA Bootcamp Welcome. Copyright/OA Bootcamp Bobby Glushko University of Michigan Copyright Office.

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Presentation on theme: "Copyright/OA Bootcamp Welcome. Copyright/OA Bootcamp Bobby Glushko University of Michigan Copyright Office."— Presentation transcript:

1 Copyright/OA Bootcamp Welcome

2 Copyright/OA Bootcamp Bobby Glushko University of Michigan Copyright Office

3 Copyright/OA Bootcamp Copyright Basics

4 Copyright 17 USC §§

5 That's a lot of sections So we better get started!

6 I kid Subject Matter of Copyright 106- The Exclusive Rights 107- The Fair Use Limitations 108- The Library Exemptions

7 17 USC 102- Subject Matter of Copyright What can be protected by copyright?

8 Copyright Subsists In: 1)[O]riginal works of authorship 2)fixed in any tangible medium of expression, now known or later developed.

9 Original Works of Authorship No protection for something that has already been authored by someone else...

10

11 Fixed in any tangible medium Must be in observable, concrete form

12 No matter how grand or trivial Youtube Videos of your cat The new American Novel Shopping List

13 Published and Unpublished Protection applies regardless. In fact, it may be stronger for unpublished works.

14 17 USC 106- The Exclusive Rights Copyright is fundamentally about excluding others from the use of non-rivalrous property

15 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

16 Most relevant here 1. Reproduce the work 2. Reinvent the work 3. Distribute the work

17 Right to control reproductions

18 Right to control derivative works

19 Right to control distribution

20 17 USC 107 – The Fair Use Limitation The exclusive rights have limits. The 1 st Amendment demands this.

21 The enumerated fair uses Criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.

22 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

23 Unlisted Factor Are you a good guy or a bad guy?

24 17 USC 108- The Library and Archive Exemptions Because of the vital role they play, libraries have a special set of exemptions

25 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

26 Don't forget works along 107. Double limitation!

27 Shameless Self Promotion Pushing Libraries and Archives to the Edge of the Law Bobby Glushko Available on SSRN

28 The Digital Millennium Copyright Act Complex Legislation Varying Relevance

29 Notice and Takedown Pretty much saved the Internet.

30 Only Applies to OSPs But the general principles apply to all actors on the Internet.


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