1. 1 SPEED COPYRIGHT (The Copyright Quickie) Rosemary Chase Copyright Officer University Libraries George Mason University

2. 2 Presume EVERYTHING IS OWNED [copyrighted, patented, trademarked] by someone.

3. 3 Only the owner can copy distribute perform display or make a derivative work.

4. 4 “FAIR USE” LETS YOU USE OTHERS’ WORKS…

5. 5 …BUT NOT VERY MUCH, AND NOT FOR VERY LONG.

6. 6 Sometimes you need to ask permission …ahead of time.

7. 7 Sometimes, it’s free. SOMETIMES YOU MUST PAY A ROYALTY FEE.

8. 8 NO HIGHER AUTHORITY CAN DIRECT YOU TO BREAK THE LAW.

9. 9 IF YOU BREAK THE LAW, YOU ARE LIABLE, NOT THE UNIVERSITY…

10. 10 AND THAT’S BECAUSE… THE UNIVERSITY PROVIDES INFORMATION AND INSTRUCTION ON COPYRIGHT LAW & FAIR USE…

11. 11 IN ACCORDANCE WITH THE DMCA… THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 AND…

12. 12 The TEACH Act… Technology, Education and Copyright Harmonization Act Signed November 2002

13. 13 …IN A NUTSHELL Educational purpose is NOT always FAIR USE. Out-of-print does NOT mean out-of-copyright. WWW is NOT public domain. Go IRC site to sign up for the real copyright workshop…

14. 14 MEANWHILE …What CAN I do…What are my OPTIONS for using copyrighted materials for classroom teaching? Compile a course anthology –Submit bibliography and readings to Print Services. –Permissions obtained there and royalties paid for by the students through the Bookstore. Select 9 separate readings (“fair use”) –For sale at the bookstore or –To hand out in class (on dept. account) OR…

15. 15 MORE OPTIONS … LIBRARY COURSE RESERVES Traditional PRINT Reserves –Books, periodicals, articles, class notes Submit personal items with bibliography Submit requests for Library owned items Submit permission form for each student paper included. Complete Course Reserves Copyright Form and retain a copy for your records.

16. 16 More Options… Library Course Reserves ELECTRONIC Reserves (ERS) –Journal articles, class notes –Book chapters (first use only) Submit personal items with bibliography Submit bibliography even if Library owned/linked Submit a permission form for each student paper – for print reserves AND ERS. Complete Course Reserves Copyright form and keep a copy for your records.

17. 17 Using Course Ware Q. Can I scan articles into WebCT without getting permission? After all, it IS password protected and no one can get to it. A. Only the first semester. We recommend letting the Library do the scanning and taking on the permissions responsibility, not to mention the cost.

18. 18 TEACH ACT For Instructors… What’s allowed –“reasonable and limited portions” of dramatic or non dramatic literary and musical works, “in an amount comparable to that which is typically displayed in the course of a live classroom session.”

19. 19 TEACH Act For Instructors What’s off limits for digitization –Anything marketed in that format –Anything “not lawfully made and acquired” under U.S. Copyright Act. –Stage plays in their entirety (dramatic works) –Optional readings (must be integral)

20. 20 What’s the catch? Some items may not be scanned… …without permission from rights holders. This is why we discourage the use of book chapters on ERS – publishers deny our requests for a second semester (we didn’t ask permission the first semester…) This is why we encourage all course web sites to connect to the Library for their online readings…

21. 21 …so the Library takes the responsibility! …for obtaining permission. …for adding full citations to each reading. …for removing readings at semester’s end. When YOU take the responsibility, you are liable. This is the best reason for linking to ERS from your course web site.

22. 22 According to DMCA & TEACH: It is your responsibility to: –Inform your students of the restrictions discussed today –Instruct your students on proper attribution, acknowledgments and citations to appear on each reading copied –Resist the temptation to turn a blind eye to the portion limitations and systematic abuse

23. 23 Other things you should know… Password protection does NOT guarantee a finding of “fair use” Password protection is the minimum required by publishers Photocopies of Library database article printouts for classroom distribution are NOT covered by the licenses.

24. 24 Using Copyrighted Materials in Classroom Teaching – What’s NOT allowed… Giving the coursepack to one student and letting her make the copies and collect $$. Taking your coursepack to Kinko’s and letting them give it to students to make their own copies. Making copies on the dept. acct. - one for each student, and then collecting $$ to reimburse the dept acct.

25. 25 In conclusion… No intent to infringe is required to be found liable… No copyright notice is required online or in hardcopy to protect an author. WWW is not public domain. Educational purpose is not always fair use. Next workshop: Friday, 9/26/03, JLC - 228 http://www.irc.gmu.edu/wems/workshops/default.cfm

26. 26 University Libraries Course Reserves Course Reserves Coordinator –Rachel Kirkland, 39052, rkirklan@gmu.edurkirklan@gmu.edu Circulation Coordinator –Cynthia Bentley, 39057, cbentle1@gmu.educbentle1@gmu.edu

27. 27 University Libraries Copyright Office http://library.gmu.edu/copyright Phone: 703-993-2544 X32427 and X33158 FAX:703-993-9063 EMAIL: copyright@gmu.edu MSN 5D9 Rosemary Chase – Copyright Officer –JLC room 136: 8:00 – 4:30 –X32544 (Call to make sure I’m in.)