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Copyright & Contracts: Moving Beyond Text in IRs Lisa Macklin.

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Presentation on theme: "Copyright & Contracts: Moving Beyond Text in IRs Lisa Macklin."— Presentation transcript:

1 Copyright & Contracts: Moving Beyond Text in IRs Lisa Macklin

2 The Disclaimer I am an attorney, but... I am an attorney, but... I am not your attorney I am not your attorney

3 Institutional Repositories In this context, IR content includes: In this context, IR content includes: Text Text Numeric data Numeric data Photos Photos Video Video Learning objects, etc. Learning objects, etc. created by faculty or students or in library collections created by faculty or students or in library collections

4 Polling Question What is your level of confidence in applying copyright and contracts to institutional repositories? What is your level of confidence in applying copyright and contracts to institutional repositories? Select an answer in the webinar now Select an answer in the webinar now

5 Copyright Law Article I Section 8 Clause 8 of the US Constitution Article I Section 8 Clause 8 of the US Constitution 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. 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.

6 What does copyright protect? What does copyright protect? Original works of authorship fixed in a tangible medium of expression Original works of authorship fixed in a tangible medium of expression Literary works & Dramatic works Literary works & Dramatic works Musical works & Sound recordings Musical works & Sound recordings Pictorial, graphic and sculptural works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Motion pictures and other audiovisual works Pantomimes and other choreographic works Pantomimes and other choreographic works Architectural works Architectural works

7 What isnt protected by copyright? What isnt protected by copyright? Works not protected by copyright include: Works not protected by copyright include: Titles, names, short phrases, slogans Titles, names, short phrases, slogans Facts, news and discoveries Facts, news and discoveries Works created by the U.S. government Works created by the U.S. government Ideas, procedures, methods, systems, processes (but these may be patentable) Ideas, procedures, methods, systems, processes (but these may be patentable) Works lacking a modicum of originality (e.g. a phone book in alphabetical order) Works lacking a modicum of originality (e.g. a phone book in alphabetical order)

8 What are the rights? The rights of the copyright owner are: The rights of the copyright owner are: To reproduce the work To reproduce the work To prepare derivative works To prepare derivative works To distribute copies of the work To distribute copies of the work To publicly perform the work To publicly perform the work To publicly display the work directly or by telecommunication To publicly display the work directly or by telecommunication To publicly perform a sound recording by digital means To publicly perform a sound recording by digital means

9 Duration of copyright Term of copyright is currently life of the author + 70 years Term of copyright is currently life of the author + 70 years When copyright expires, work enters the public domain: When copyright expires, work enters the public domain: Works published in the US prior to 1923 Works published in the US prior to 1923 Unpublished works from authors who died prior to 1941 Unpublished works from authors who died prior to 1941

10 Still protected by copyright? Still protected by copyright? Copyright notice © is no longer required Copyright notice © is no longer required Recommended source: Peter Hirtles Copyright Term and the Public Domain in the US at Recommended source: Peter Hirtles Copyright Term and the Public Domain in the US at publicdomain.cfm publicdomain.cfm

11 What are the exceptions? What are the exceptions? Fair use is a balancing test, comprised of four factors: Fair use is a balancing test, comprised of four factors: Purpose and Character of the use Purpose and Character of the use Nature of the copyrighted work Nature of the copyrighted work Amount of the use Amount of the use Effect on the market or potential market for the copyrighted work Effect on the market or potential market for the copyrighted work

12 What are the exceptions? What are the exceptions? Classroom teaching exception: Classroom teaching exception: All performance and displays (including music, images, videos) of a work are not an infringement of copyright, as long as: All performance and displays (including music, images, videos) of a work are not an infringement of copyright, as long as: In the course of face-to-face teaching In the course of face-to-face teaching It takes place in a classroom or similar place devoted to instruction It takes place in a classroom or similar place devoted to instruction The work is lawfully obtained The work is lawfully obtained

13 Creative Commons An opportunity for creators to grant a license to use their work without user having to ask permission (www.creativecommons.org) An opportunity for creators to grant a license to use their work without user having to ask permission (www.creativecommons.org)www.creativecommons.org Licenses applied to text, music, photos, video, etc. Licenses applied to text, music, photos, video, etc. Can search for Creative Commons licensed content at CC website Can search for Creative Commons licensed content at CC website

14 Take away Copyright grants exclusive rights to creator upon creation, with some exceptions Copyright grants exclusive rights to creator upon creation, with some exceptions

15 Who owns the copyright? Who owns the copyright? For faculty or student generated content For faculty or student generated content Who is the copyright owner? Who is the copyright owner? How do you know? How do you know?

16 Who owns the copyright? Who owns the copyright? Check your institutions intellectual property policy. Traditionally, universities have not claimed copyright in faculty members academic works or in students works. Check your institutions intellectual property policy. Traditionally, universities have not claimed copyright in faculty members academic works or in students works. If work has been published elsewhere, copyright may have been assigned to the publisher. If work has been published elsewhere, copyright may have been assigned to the publisher.

17 Questions? Any questions so far on copyright? Any questions so far on copyright? Type in questions Up next is copyright applied to different formats and contracts on social media sites

18 Polling Question Are you using social media sites (ex. Facebook, Flickr, YouTube, etc.) to display and share institutional content? Are you using social media sites (ex. Facebook, Flickr, YouTube, etc.) to display and share institutional content? Select an answer in the webinar now Select an answer in the webinar now

19 Copyright & Data Data (facts and figures) is not protected by copyright, but... Data (facts and figures) is not protected by copyright, but... May be confidentiality considerations May be confidentiality considerations May be restrictions on distribution May be restrictions on distribution

20 Copyright & Photos Copyright & Photos Photographer is copyright owner of photos Photographer is copyright owner of photos Person in photo has some rights in their image and likeness under state law. This is generally only a concern if photo used in advertising. Person in photo has some rights in their image and likeness under state law. This is generally only a concern if photo used in advertising. If person in photo is famous, may want to give special consideration. If person in photo is famous, may want to give special consideration.

21 Copyright & Video Copyright & Video Videographer is copyright owner of video, however may need permissions for: Videographer is copyright owner of video, however may need permissions for: Appearances of people in video Appearances of people in video Music score or recording Music score or recording Poetry or dramatic work if performed in video Poetry or dramatic work if performed in video Any other copyrighted content included Any other copyrighted content included

22 Copyright & Video Recommended resource: Recommended resource: Code of Best Practices in the Fair Use of Online Video available at Code of Best Practices in the Fair Use of Online Video available at ult/files/online_best_practices_in_fair_use.pdf ult/files/online_best_practices_in_fair_use.pdf ult/files/online_best_practices_in_fair_use.pdf ult/files/online_best_practices_in_fair_use.pdf

23 Take away Take away Faculty or student, and perhaps other copyright owners, must give permission for content to be displayed in an institutional repository, unless an exception applies (fair use, etc.) Faculty or student, and perhaps other copyright owners, must give permission for content to be displayed in an institutional repository, unless an exception applies (fair use, etc.)

24 Risk Assessment Orphan works Orphan works cannot determine or locate the copyright owner cannot determine or locate the copyright owner Interpretation of fair use Interpretation of fair use Institutions willingness to take risk Institutions willingness to take risk

25 Social Media Sites Examples commonly used by libraries Examples commonly used by libraries Facebook Facebook Flickr Flickr Picassa Picassa YouTube YouTube Vimeo Vimeo iTunesU (if university has an agreement) iTunesU (if university has an agreement) and there are many more and there are many more Governed by contracts ( Governed by contracts (

26 Contracts Social media sites have contracts that govern the uploading of content. Social media sites have contracts that govern the uploading of content. Often called terms of use, terms of service, or terms and conditions Often called terms of use, terms of service, or terms and conditions Legally binding Legally binding Separate from copyright law Separate from copyright law

27 Terms Some common terms (not an exhaustive list) Some common terms (not an exhaustive list) You own content but are granting a license to site to use, reproduce, distribute, prepare derivative works, display and perform the work You own content but are granting a license to site to use, reproduce, distribute, prepare derivative works, display and perform the work You are responsible for copyright, including content that may infringe You are responsible for copyright, including content that may infringe You must follow guidelines for types of materials uploaded (nothing obscene, libelous, etc.) You must follow guidelines for types of materials uploaded (nothing obscene, libelous, etc.)

28 Terms Some things to consider Some things to consider Is license perpetual (forever)? Is license perpetual (forever)? Are you granting users of social media sites expansive re-use rights? Are you granting users of social media sites expansive re-use rights? Can you attach a Creative Commons license to the content? Can you attach a Creative Commons license to the content? What happens if you remove material? What happens if you remove material?

29 Content What kinds of content benefit the most from inclusion in a social media site? What kinds of content benefit the most from inclusion in a social media site? Ex. Asking for comments on historical photos in the public domain with unidentified people Ex. Asking for comments on historical photos in the public domain with unidentified people Ex. Student projects as a class assignment with third party copyrighted content Ex. Student projects as a class assignment with third party copyrighted content Ex. Photos from a faculty member of an architectural dig, photographer(s) unknown Ex. Photos from a faculty member of an architectural dig, photographer(s) unknown

30 Content What sharing functionality does the social media site employ? What sharing functionality does the social media site employ? Is content streamed? Is content streamed? Is content easily captured and copied? Is content easily captured and copied? Is content intended to be downloaded? (iTunes) Is content intended to be downloaded? (iTunes) Can access restrictions be set? Ex. public, campus only, login Can access restrictions be set? Ex. public, campus only, login

31 YouTube & Copyright For insight on the backend processes YouTube has in place for copyrighted content, see Margaret Gould Stewarts TED Talk on How YouTube Thinks about Copyright For insight on the backend processes YouTube has in place for copyrighted content, see Margaret Gould Stewarts TED Talk on How YouTube Thinks about Copyright w_youtube_thinks_about_copyright.html w_youtube_thinks_about_copyright.html

32 Take away Social media sites are powerful tools for libraries to share content and build communities. Best practice is to understand terms, choose content wisely, and understand your institutions risk tolerance. Social media sites are powerful tools for libraries to share content and build communities. Best practice is to understand terms, choose content wisely, and understand your institutions risk tolerance.

33 Resources US Copyright Office at US Copyright Office at Center for Social Media Code of Best Practices in Fair Use at Center for Social Media Code of Best Practices in Fair Use at fair-use/best-practices fair-use/best-practices Fair Use Checklist – Columbia Copyright Advisory Office at use/fair-use-checklist/ Fair Use Checklist – Columbia Copyright Advisory Office at use/fair-use-checklist/ use/fair-use-checklist/ use/fair-use-checklist/

34 Resources Copyright Law for Librarians and Educators by Kenneth D. Crews, Second Edition (ALA, Chicago, 2006) Copyright Law for Librarians and Educators by Kenneth D. Crews, Second Edition (ALA, Chicago, 2006) Complete Copyright: An Everyday Guide for Librarians by Carrie Russell (ALA, Chicago, 2004) Complete Copyright: An Everyday Guide for Librarians by Carrie Russell (ALA, Chicago, 2004) Copyright & Cultural Institutions: Guidelines for Digitization for US Libraries, Archives and Museums by Peter B. Hirtle, Emily Hudson, & Andrew T. Kenyon (Cornell Univ Library, Ithaca, 2009) Also available online under a Creative Commons license at Copyright_final_RGB_lowres-cover1.pdf Copyright & Cultural Institutions: Guidelines for Digitization for US Libraries, Archives and Museums by Peter B. Hirtle, Emily Hudson, & Andrew T. Kenyon (Cornell Univ Library, Ithaca, 2009) Also available online under a Creative Commons license at Copyright_final_RGB_lowres-cover1.pdf Copyright_final_RGB_lowres-cover1.pdf Copyright_final_RGB_lowres-cover1.pdf

35 Polling Question What is your level of confidence in applying copyright and contracts to institutional repositories? What is your level of confidence in applying copyright and contracts to institutional repositories? Select an answer in the webinar now Select an answer in the webinar now

36 Questions? Any questions? Any questions? Type in questions


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