C OPYRIGHT — W HAT ’ S THE B IG D EAL Copyright in an Academic Setting

What is Copyright Copyright is Automatic Bundle of Rights:  Reproduce  Derivative Works  Distribute Copies to the Public  Perform the Work Publicly  Display the Work Publicly

Copyright Automatic rights under Berne Convention Registration required for enforcement Registration is simple, quick, and cheap Term is: — Author’s life + 70 years from creation; or — If Work for Hire 95 years from publication Marking: — Copyright (First Date of Publication) (Name); or — © (Date) (Name)

Copyright Protects Original works of authorship fixed in any tangible medium of expression including —  literary works  musical works,  dramatic works  pantomimes and choreographic works  pictorial, graphic, and sculptural works  motion pictures and other audiovisual works  sound recordings  architectural works

Copyright Copyright is transferable. Rights can be transferred either exclusively or non- exclusively. Transfer of exclusive rights must be in writing. Rights can be granted in any combination.

What is NOT Copyrightable? Methods of OperationIdeas Procedures Concepts Processes Principles Systems Discoveries

Copyright Ownership Author Work for Hire — Prepared within scope of employment — Commissioned Work Collective Works Joint Ownership — Intend single work — Contributions must be copyrightable — Each owner has independent rights

Fair Use Exemption to ownership rights of copyright holder Is a defense against infringement for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research Distinction between Fair Use and infringement is not clear Acknowledging the source of the copyrighted material does not substitute for obtaining permission

Fair Use Four Part Test 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.the effect of the use upon the potential market for or value of the copyrighted work.

Technology, Education and Copyright Harmonization Act Expands use of copyrighted works in mediated instructional activities delivered over digital networks Allows use analogous to face-to-face instruction Does not apply to works produced and marketed primarily for instructional activities delivered via digital networks

TEACH Act Use is part of regular, systematic mediated instructional activities Use is directly related and of material assistance to the transmission’s teaching content Transmission is limited to enrolled students Inform and provide students with information about copyright compliance

TEACH Act Apply technological measures to prevent — – Retention of work by transmission recipients for longer than the class session – Further dissemination of the work by recipients Does not interfere with copyright owners’ technological measures to prevent retention or dissemination

Orphan Works Orphan Works — copyrighted works for which the copyright owners cannot be contacted or determined. Examples: books out of print, historical films, photos or manuscripts Rely on Fair Use, TEACH Act

Sharing Your Works Scholars Copyright Addendum Allows you to retain non-exclusive rights for use in professional activities within limits Immediate or delayed Access and Reuse rights Can be generated online at / Creative Commons

Copyright Resources UAA Copyright Policies Copyright Clearance Center U.S. Copyright Office University of Texas