1. Knowledge is Empowerment What you should know about copyright © Tutorial 46

2. Knowledge is Empowerment The Constitutional Provision Respecting Copyright The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. United States Constitution, Article I, Section 8 From Copyright Law of the United States of America. Circ. 92 http://www.copyright.gov/title17/92preface.html

3. Knowledge is Empowerment Today’s objective is to learn the basics of Copyright. “Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works” ¹. Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. 1. From “Copyright in Genera l” by U.S. Copyright (2006), http://www.copyright.gov/help/faq/faq-general.html

4. Knowledge is Empowerment Sources Most of the information is from: –United States Copyright Office http://www.copyright.gov/ Circ. 1. Copyright Basics http://www.copyright.gov/circs/circ01.pdf Copyright Law of the United States of America http://www.copyright.gov/title17/

5. Knowledge is Empowerment Important Links U.S. Code of Federal Regulations. Title 37- Patents, Trademarks, and Copyrights –http://www.copyright.gov/title37/ U. S. Copyright Office Forms: Registration –http://www.copyright.gov/forms/ WIPO Lex (World Intellectual Property Organization http://www.wipo.int/wipolex/en/ –The EU Single Market: Copyright and Neighbouring Rights http://ec.europa.eu/internal_market/copyright/index_en.htm Copyright Term and the Public Domain in the United States 1 January 2012 (Peter Hirtle, Cornell) –http://copyright.cornell.edu/resources/publicdomain.cfm

6. Knowledge is Empowerment How to identify the copyright? The symbol © (the letter C in a circle) The word “Copyright” The abbreviation “Copr”; and The year of publication of the work The name of the owner of copyright in the work, or abbreviation by which the name can be recognized. –Example: © 2012 United States University

7. Knowledge is Empowerment If you are in the internet, look for the symbol © After you open the home page site, scroll down to the bottom of the page and click, see the example: From http://www.ala.org/ Select Copyright Statement © Copyright 1997-2011 American Library Association. The American Library Association is providing information and services on the web in furtherance of its non-profit and tax-exempt status. Permission to use, copy and distribute documents delivered from this web site and related graphics is hereby granted for private, non-commercial and education purposes only, provided that the above copyright notice appears with the following notice: this document may be reprinted and distributed for non-commercial and educational purposes only, and not for resale. No resale use may be made of material on this web site at any time. All other rights reserved…

8. Knowledge is Empowerment Form of copyright for Phonorecords of Soundrecordings The symbol P, π, (the letter P in a circle) The year of the first publication of the sound recording The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized. –Example π 2012 A.B.C. Records Inc.

9. Knowledge is Empowerment Copyright Term and the Public Domain in the United States All works published in the United States before January 1, 1923, are in public domain. U.S. Copyrights. Duration of Copyrights. Circ. 15. –http://www.copyright.gov/circs/circ15a.pdf In 2019 will expire works published in 1923, in 2020 will expire 1924, and so on. Before of after 1978, see next table

10. Knowledge is Empowerment HOW LONG COPYRIGHT PROTECTION ENDURES Data from http://www.copyright.gov/circs/circ1.pdf (p.5-6) Duration of Copyright http://www.copyright.gov/title17/92chap3.html http://www.copyright.gov/circs/circ15a.pdf

11. Knowledge is Empowerment How much of someone else's work can I use without getting permission? Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians. Source http://www.copyright.gov/help/faq/faq-fairuse.html#howmuch

12. Knowledge is Empowerment Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair. (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 copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. From Fair Use http://www.copyright.gov/fls/fl102.html

13. Knowledge is Empowerment Examples of fair use from: The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law http://www.copyright.gov/fls/fl102.html quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations summary of an address or article, with brief quotations, in a news report

14. Knowledge is Empowerment Examples of activities that courts have regarded as fair use use in a parody of some of the content of the work parodied; reproduction by a library of a portion of a work to replace part of a damaged copy reproduction by a teacher or student of a small part of a work to illustrate a lesson;

15. Knowledge is Empowerment Example of image footnote from Elsevier journal “Reprinted from Clinical Biomechanics, 24 /10, Joaquin A. Barrios, Jill S. Higginson, Todd D. Royer, Irene S. Davis, Static and dynamic correlates of the knee adduction moment in healthy knees ranging from normal to varus-aligned. /850-4, Copyright (2009), with permission from Elsevier.” http://www.sciencedirect.com/science/journal/02680033

16. Knowledge is Empowerment Are you publishing in the web or in a journal, book, newspaper, etc? Review all your sources © Read the Copyright Statement If you are not sure, request permission depending of the source: Journal or book---write to the publisher Web page---write to the author or institution

17. Knowledge is Empowerment APA 6 th ed. Copyright permission footnote- Journal From [or the data in column 1 are from] “Title of Article”, by A.N. Author and C.O. Author, year, Title of Journal, Volume, p. xx. Copyright [year] by the Name of Copyright Holder. Reprinted [or adapted] with permission.

18. Knowledge is Empowerment APA 6 th ed. Copyright permission footnote- Book From [or The data in column 1 are from] Title of Book (p. xxx), by A.N. Author and C.O. Author, year, Place of Publication: Publisher. Copyright [year] by the Name of Copyright Holder. Reprinted [or adapted] with permission.

19. Knowledge is Empowerment To cite APA 6 th ed. go to http://usuniversity.edu/ Tutorials US University Guide to APA Style emphasis in electronic sources and if you need more information to cite tables, figures, etc., go to APA Style http://www.apastyle.org/ or OWL Purdue Online Writing Lab http://owl.english.purdue.edu/owl/

20. Knowledge is Empowerment For more information Please contact M.L.S Catalina Lopez clopez@usuniversity.edu (619) 477 6310 Ext 2017