What every Faculty Member Should Know about Copyright & Accessibility H. Stephen McMinn, Director of Collections and Scholarly Communications, Brookens Library Vance Martin, Campus Accessibility Specialist, Center for Online Learning, Research and Service (COLRS)

Outline Accessibility Law – Basics Exceptions Creative Commons What to tell Faculty – what faculty can/cannot do? Contract Law vs. Copyright Law Essentially - “Risk Analysis” Indemnification and penalties – Good news unless reckless https://www.copyright.com/learn/media-download/copyright-on-campus/

Brief Accessibility 4 federal and 1 IL state law Areas of concern Use of scans Use of movies Publisher content

Basics of Intellectual Property (IP) Law Foundations of IP Laws Deal between creators and public Types – Copyright, Trademark, and Patents The Copyright Act grants five rights to a copyright owner… The right to: Reproduce the copyrighted work Prepare/Create Derivative works based upon the work Distribute copies of the work to the public Perform the copyrighted work publicly Display the copyrighted work publicly Settled Law – Few and far between

Settled Law (for the most part!) First Sale ILL and Photocopies Still just limits liability Public Domain Easy – Prior to Mickey Mouse – 1922 and earlier Other years – a whole lot of rules for different dates Federal Government Documents but not State Documents Accessibility – mostly for accommodations for individuals Not much else

Exceptions Items/Types not Copyrightable Accessibility Fed Gov Docs Consumables Facts – grey area Accessibility Settled for individuals – but not institutions!!! Transformative Use TEACH Act Fair Use

Fair Use – The Greatest Exception/Defense 4 Factors The Purpose and Character of your use – non profit educational use weighs in favor of fair use Nature of the Work – factual better than creative Amount and Substantiality of the Portion Taken – use only what you need but the less is more. Georgia State University – set 10% of work less than 10 chapters or 1 chapter unless ‘heart of the work’ Effect on the marketplace – are you trying not to pay? Hurting sales? Is there an established market – easy method to pay?

Mitigating factors Transformative Good actor/Bad actor Acknowledgements/Credit Disclaimers Protocols/Policies….

What faculty can/cannot do? Depends on when and where…. In Person – practically anything goes…. Online – much more limited – worthless TEACH Act. Basic Guidelines Everything needs to be legally obtained – best if acknowledged Single Articles – usually no problem – multiple articles from same volume/issue? Almost anything electronic from the Library – Contracts vs. Copyright Georgia State – good rule of thumb, i.e. digitized 1 chapter of print book over 10 chapters or 10% of books with less than 10 chapters… except for ‘heart of the work’ Anthologies – 3 works/reading within a single volume Repeated Use – still a question – GS said stupid… After that “Fair Use” analysis

How Librarians Can Help Use Links to Licensed Library Resources E-Reserves Purchase E-books or e-version of books or similar works

How the Library Can Help Find Alternatives - OA, OER, or CC (Creative Commons) Licensed works Advise on Purchasing/Seeking Premissions Reach out to copyright holder Use Copyright Clearance Center – copyright.com to purchase rights Willing to work with faculty to find solutions….

Good News/Bad News Contract Law vs. Public Law Contract law for the most part trumps copyright law – works against fair use but most publishers/contracts either allow use explicitly or refer back to copyright law and fair use No known issues with any of our suppliers/publisher contracts Essentially - “Risk Analysis” Depends on willingness of the institution – U of I has clout but also deep pockets so double edged sword – Accessibility non compliance seems a greater risk than copyright at the present, esp. with Georgia State Indemnification and penalties – Good news unless reckless State Institution in our case and generally “Good Actors” only liable for real/actual damages

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