Copyright and Fair Use Dan Lee Interim Team Leader for Undergraduate Services and Copyright Librarian March 21, 2007
Copyright Crash Course Someone owns just about everything Fair use lets you use their things - But not as much as you'd like to Sometimes you have to ask for permission Sometimes you are the owner - think about that! Any Questions?Questions Georgia Harper -
Quiz
"The Congress shall have power... [t]o 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" --- The Constitution of the United States of America, Article 1, Section 8
"The primary objective of copyright is not to reward the labour of authors, but '[t]o promote the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.... This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art." --- Justice Sandra Day O'Connor, Feist Publications, Inc. v. Rural Telephone Services Co., Inc.
Works Subject to Copyright Original works of authorship that are... Fixed in a tangible medium of expression.
Works Subject to Copyright Literary works Musical works, including any accompanying words Dramatic works, including any accompanying music Pantomimes and choreographic works
Works Subject to Copyright Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works Boat hull designs
Works NOT Protected Ideas Facts Names, short phrases, or slogans Familiar symbols or designs Processes, systems, or methods Public domain works Government works
Registration No need to register for protection Do need to register to seek damages
Work Made For Hire Employer is considered author of work if: the work was prepared by an employee within the scope of his or her employment; or the work was specially ordered and both parties agreed ahead of time.
Term of Copyright Life of the author + 70 years Works Made for Hire (corporate author), 95 years from first publication or 120 years from creation, whichever is shorter
Bundle of Exclusive Rights To reproduce the work To make derivative works To distribute the work To display work publicly To perform the work publicly To perform the work publicly by means of a digital audio transmission (for sound recordings)
Limitations on Rights Section Fair Use Section Reproduction by Libraries and Archives Section First Sale Doctrine Section Distance Education
107 - Fair Use Limitation on exclusive rights, not a defense Purposefully vague and flexible statute No exact parameters Determination depends on circumstance of each case
Fair Use - 4 Factors (1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
Fair Use Purpose and character of use educational uses favored, but not determinative transformative uses favored Nature of the work non-fiction vs. creative works
Fair Use Amount used no exact measures in statute quantitative vs. qualitative Effect on the market most important? linked to purpose (research vs. commercial)
DMCA Agent DMCA passed in 1998 “Take down and put back” procedures for liability protection for ISP’s Content Owner locate material on the ISP’s hosted network/site Notifies DMCA agent for ISP ISP notifies individual responsible to take it down Opportunity to put it back up
Alternative Copyright Agreements You own the copyright in the articles your write The standard publication agreement for academic journals “asks” authors to assign rights to the publisher Consider alternatives See for examples
Other Resources Bound by Law Copyright Management Center at IUPUI Copyright & Fair Use site at Stanford Copyright Decision Map – University of Minnesota
Contact Information: Dan Lee