COPYRIGHT and TEACHING Updated December 2014

Today we’ll cover…. Copyright Basics Exceptions and Limitations Making Copyright Decisions

Librarian’s Disclaimer Information vs Legal advice There’s always an exception

Do you own a copyright?

Myths Available for no cost Out of print Author is not alive If I wrote it…. If I am not making profit…. If it’s used for education…. If I tried to get permission….

Constitutional Basis Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress: 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.

Copyright Basics Copyrightable Tangible, fixed expression Movies, novels, plays, articles, music, choreography, characters Buildings, letters, diary entries Must have a minimal amount of creativity Not copyrightable Ideas Useful arts belong to Patent law Facts Processes Scenes a Faire/stereotypic characters Only way of expressing Title 17 US Code

Who Owns? To start, the creator(s) of a work Can transfer copyright or issue a license Works for hire Heirs

Rights Copy Derivative works Perform/transmit Distribution Display

Exceptions and Limitations E&Ls permit use of copyrighted materials without permission from owner Specific and Broad

Public Domain Federal Government works Published material before formalities applied Public Domain Chart from Cornell University

Exceptions: 110 Face-to-face (Sect. 110(1)) Distance learning (Sect. 110(2)) UT Austin © Crash Course TEACH Act 2002 NC State TEACH Act Toolkit

TEACH Act The resource used must have been lawfully obtained The institution must be a nonprofit educational institution Materials made available are limited to only students in your class; e.g. posted within D2L, Blackboard, Moodle The college must have policies regarding copyright, and provide info to faculty and students about copyright law Provide notice to students that materials used in connection with the course may be subject to copyright The college must reasonably prevent further dissemination of the work by students; known as "downstream control"

Fair Use Nature of use Scholarship and research Transformative uses Nature of the work Creative is more protected Amount and substantiality Take only what you need Market effect If you hurt the ability of the copyright owner to profit from their work, then you are less protected.

Fair Use Transformative use

Section Fair Use Broad and Powerful –News reporting –Parody –Criticism Vague and Scary

ARL Code of Best Practices No materials created for teaching Just what you need Duration, access, amount For teaching Information about fair use Full attribution Limits to simultaneous access Document Review

ARL Code of Best Practices Areas covered by ARL Code E-reserves Digital initiatives Displays and exhibits Digitizing for preservation Serving people with disabilities Institutional repositories Non-consumptive research uses Archiving/Accessing content on the WWW

Teaching and Case Law Why are court cases important, how do they help create the law relevant to teaching Recent/ongoing important case Georgia State University (GSU)

DIY Is your work Copyrighted or Public domain? Is there a Statutory Exception/Court Case that allows your use? Is the Work Already Licensed? Do you have a Fair Use? Can You Purchase a License?

Public Domain Works by the US Government Works published before 1923 And anything else on this chart…. Cornell University Copyright Office Public Domain

Useful exceptions Presenting a film in a face-to-face class (section 110) Performing a play in face-to-face class (section 110) Digitizing clips (TEACH Act) Slavish Image Chafee Amendment

Already Licensed Creative commons Library databases

Already Licensed Creative commons Searching the Creative Commons? Google Images; Flickr; Google web, Wikimedia, etc…. Licenses Attribution, Derivative Works, Commercial Use

Open Educational Resources MERLOT USC’s Libguide

Already Licensed Library e-access

Fair Use Nature of use Nature of the work Amount and substantiality Market effect

Permission Directly contacting the © holder Copyright Clearance Center Alternate sources

Other Resources Fair Use Tool ARL Code of Best Practices Public Domain Chart

Charts and Checklists Cornell Public Domain Chart NC State Teach Act Toolkit Fair Use Evaluator Columbia University Fair Use Checklist Copyright Slider- Is this work protected?

General Overviews and Reference Material UT Austin Copyright Crash Course Association of Research Libraries Code of Best Practices for Fair Use Columbia University Copyright Office Page William Fisher, Harvard Law Professor and CopyrightX Professor (lectures and other copyright resources) U of Missouri KC Library Copyright Libguide Other Codes of Best Practices for Fair Use American University Center for Social Media

Blogs Kevin Smith, Director of the Office of Copyright and Scholarly Communication at Duke University Scholarly Kitchen Columbia University Library Copyright Office blog Copyright on Campus

Listserv You can subscribe to this listserv by ing and entering in the body of the message the command: SUB libcopy yourfirstname yourlastname.

Q&A!