Butler1 Intellectual Property in the University Setting Rebecca P. Butler Northern Illinois University Copyright 2004 Rebecca P. Butler:

Butler2 Copyright Statement  This presentation can be used for Spring 2004 PT3 Technology Workshop information only. For permission to use this in another manner, please contact Dr. Rebecca P. Butler.

Butler3 Focus on Fair Use

Butler4 Media We Will Cover  Internet  Computer Software  CDs and DVDs  Audio  Videos  Print (time permitting)  Other

Butler5 The Ultimate Gray Area  controversial subject  many interpretations  individuals liable for own actions  final decision = the court  don’t shoot the messenger!

Butler6 Definitions  copyright  right to reproduce or copy  right to prepare derivative works  right to distribute  right to perform/display publicly

Butler7 History  1790: US Constitution  revisions: 1831, 1879, 1909, 1976  Sonny Bono Copyright Extension Act (1998)

Butler8  Digital Millennium Copyright Act [DMCA] (1998)  TEACH Act  other bills and acts

Butler9 What Usually Happens  users think guidelines over- restrictive  copyright owners think they are giving away too much

Butler10 Fair Use  fair use factors  character of use  nature of the work  how much?  affect of the market

Butler11 Fair Use Guidelines for Educational Multimedia  motion media: 10% or 3 min.  text: 10% or 1000 words  music/lyrics: 10% or 30 seconds  illustrations/photos: 5 or 10%  database: 10% or 2500 cells

Butler12 Guidelines Summary  Student assignments  Faculty creations  Student and faculty portfolios  Employment review

Butler13 Public Domain  Materials no longer under or have never been under copyright protection  examples of public domain materials:  works never copyrighted  works that cannot be copyrighted  works with expired copyrights  works for which no one claims ownership

Butler14  Anyone can copy any amount  1/1/78 or after: life +70 years or (corporate authorship) 120 years from creation  before 1923: in public domain  : can be renewed for a total of 67 years  : 28 years (first term) with automatic extension of 67 years

Butler15 Internet  “You create it; you own it.”  fair use  acknowledge copyrights  public domain

Butler16 Can I Link to Any Page?  yes, but.....  case in court: Ticketmaster vs Microsoft  implied public access  netiquette  acceptable use policies

Butler17 File Swapping Software  search and download from other users’ computers world-wide  concerns from the recording industry -- CD and other recording sales down  Where do things stand?

Butler18 Video  “It’s Illegal to Violate Copyright Law”  public performance rights  home use only  videotaping rights

Butler19 Video Restrictions  pirated copies (also CDs, etc.)  copying the audio track only  changing formats  copying segments to create one new tape

Butler20 Distance Learning Digital Millennium Copyright Act  rules of thumb  obtain licenses  include copyright notices  limit access  terminate at end of class term

Butler21 TEACH Act  The parameters……  Technology, Education and Copyright Harmonization Act  redefines the terms and conditions under which nonprofit educational institutions can use copyright protected materials in distance education  signed into law: 11/2/02

Butler22 Institutional Duties Under TEACH Act  Applies only to accredited nonprofit institutions  institution MUST have a copyright policy  institution must provide copyright information to “faculty, students, and relevant staff members”

Butler23  students must be notified that materials in a distance ed. course may be subject to copyright protection  Transmission of content must be made “solely for … students officially enrolled in the course for which the transmission is made

Butler24 Information Technology Duties Under the TEACH Act  Institution must limit access to enrolled students  institution must place technological controls on storage and dissemination  Institution may not interfere with technological measures which regulate storage or dissemination of the works

Butler25  Institution may only store temporarily copies of works for a class  HOWEVER, institution may store long- term a copy of their digital transmission that include copyrighted materials, provided that no further copies are made from these works

Butler26 Instructor Duties Under the TEACH Act  Works now allowed:  performances of nondramatic literary works  performances of nondramatic musical works  other performances in “reasonable and limited portions”

Butler27  Works Excluded  Works that are marketed “primarily for performance or display as part of mediated instructional activities transmitted via digital networks”  copies “not lawfully made and acquired” under the U.S. Copyright Act

Butler28  Instructor Oversight  copy is made at direction or under the supervision of the instructor  materials are an integral part of instruction  materials assist the teaching content of the transmission

Butler29  All digital transmission must be in the context of “mediated instructional activities”  Analog materials can only be converted to digital formats under the following circumstances:  amount converted is appropriate to copyright law  a digital version is unavailable

Butler30  NIU  access limitations  students registered for course  closed,secure system  password, pin #, etc.  students advised they are not permitted to make copies of or distribute class materials

Butler31  Duration limitations: materials accessible no longer than course duration  reproduced work size limitations: portions of copyrighted works should be used sparingly  fair use: apply fair use guidelines

Butler32 Computer Software  compliance procedures  available documentation  archival copies, locked/secured  software policy and ethics code  log of licenses, sites, etc.  warning notices

Butler33 Interlibrary Loan  Transmitting scanned copies  Requester could be liable  Supplier can refuse to copy  Electronic reserves

Butler34 Other  international copyright protection  print  Kinko’s  Michigan Document Services  purchaser of a work owns ONLY that particular copy of the work

Butler35 Print Copying  single copy may be made of the following  book chapter  magazine or newspaper article  short story, poem, chart, graph, cartoon (debatable)

Butler36  multiple copies  must meet three print tests  must include copyright notice  educators must also abide by

Butler37 The Three Print Tests  brevity  spontaneity  cumulative effect

Butler38 And.....  copyright violation  works in public domain  music/audio  “My Sweet Lord” (George Harrison)  “He’s So Fine” (Chiffons)

Butler39  purchase orders  getting permission  court can order impounding or destruction of all copies as it deems reasonable

Butler40 Obtaining Permission  Ask owner of work  Purchase license  Use a clearinghouse  Give credit where credit is due

Butler41 Permission Letter  Identify  self  your address, phone #, etc.  what you want to use  how you plan to use (copy, reprint, quote, etc.)  how material will be distributed  who you should ask, if you have contacted wrong individual  other

Butler42 Ways to Avoid Copyright Problems  Obtain permission  retain attorney  encourage users to read documentation  consult current articles, etc.  cite what you quote  DON’T copy!

Butler43 Bottom Line  We are liable for our own actions!

Butler44 For More Copyright Information  Association for Information Media and Equipment   Cyberspace Law for Non-Lawyers  ssons.html

Butler45  Copyright Clearance Center   CNI-Copyright Forum  send the command: subscribe CNI- COPYRIGHT to

Butler46  Carol Simpson/Copyright Handouts  ancrit.htm  “reprinted with permission of  which handouts, how many, and where

Butler47  Movie Licensing USA  Copyright Kiosk

Butler48 Questions  Internet  CD-ROMs and other computer software  videos  other