1 Copyright & Other Legal Issues

2 WHAT IS COPYRIGHT? Copyright is the form of protection provided by the laws of the United States to authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other works. This form of protection provides the author the right to “restrict” duplication and/or reproduction of the work in question.

3 WHAT DOES COPYRIGHT DO? Provides the owner the exclusive right to: –Reproduce the work in question –Prepare derivative works based on the copyrighted work –Distribute copies by sale, rental, lease, or lending –Perform the work publicly –Display the work publicly Public performance includes digital transmission (Section 106, Copyright Act of 1976, 17 U.S.C. § 106)

4 COPYRIGHT OWNERSHIP Protection exists from the time the work is created and fixed in some tangible form. The employer rather than the employee is presumed to be the author when the work is “made for hire.” Any exclusive rights of the copyright owner may be transferred separately. This transfer is valid only if it is in writing and signed by the owner of the rights being conveyed. Ownership of a book, manuscript, painting, image, or any other copy does not grant the possessor the copyright or right to use the work.

5 WHAT IS FAIR USE? Fair Use permits a copyright protected work to be copied and distributed when done fairly. Copyright does not prohibit all forms of copying. Fair Use was created to allow for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research without the permission of the author and is not an infringement of copyright. (Section 106A, Copyright Act of 1976, 17 U.S.C. § 107)

6 FACTORS THAT AFFECT FAIR USE The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market for or value of the copyrighted work.

7 THE FOUR FACTOR TEST (FAIR USE) What is the character of the use? What is the nature of the work to be used? How much of the work will be used? What effect would the use of the work have on the market for the original or for permissions if the use of the work were widespread?

8 TIPS FOR USING COPYRIGHTED MATERIAL Include the original copyright notice and site the original author and work. Limit access to course participants. Link to the source of an image, audio file, video clip, etc. ASK for permission to use the work in question. Purchase the rights or a license for use of copyrighted material. Obtain permission if the use of a copyright protected work is going to be long-term. Limit the use of somebody else’s work. Copying electronic reserves is subject to copyright law!

9 COPYRIGHT LAW & A BLACKBOARD COURSE Apply the “four factor test” to the materials you intend to use in your online course. Recognize you have the ability to secure or restrict access to the different areas of the course. Examine the materials you use and determine if their use complies with current copyright law. Revise your course materials - (e.g., the images, photos, videos, audio tracks, and links to comply with current Copyright Laws.)

10 COPYRIGHT LAW & CONTENT MANAGEMENT Implement a plan to inform users [faculty, staff, and students] of the need to adhere to current copyright laws. Provide training to address the unique aspects of how copyright law pertains to education. Immediately respond to questions that arise regarding the use of other peoples work. Take advantage of currently available expertise – (i.e., lawyers, librarians, and their staff). Develop a program to monitor the usage patterns of users with regards to content.

11 RESOURCES A Brief Intro to Copyright ( Copyright Clearance Center ( Copyright and Fair Use ( Electronic Frontier Foundation ( Patent Info (Copyrights & Trademarks) ( Digital Millennium Copyright Act (DMCA) Archive ( Distance Education and the Teach Act (ALA) ( ate=/ContentManagement/ContentDisplay.cfm&ContentID=25939) ate=/ContentManagement/ContentDisplay.cfm&ContentID=25939)