Copyright, Fair Use & You Susan Beck, NMSU Library June 3, 2014

Copyright Basics How Does it Affect You?

Copyright Basics Protecting Your Work Using Others Works Alternatives & New Developments Resources Session Outline

U.S. Constitution—Article I, Section 8 [The Congress shall have power…] to 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 Copyright Basics Copyright: The Balancing Act

Exclusive rights granted to copyright holders Reproduce (copy) the Work Make Derivative Works Distribute, Sell, Rent and/or Lease Copies Perform or Display the Work Publicly Infringement When any of the above is done without the copyright holder’s permission and without a legal exception/exemption. Copyright Basics How Does it Work?

Copyright Basics What Is and Is Not Protected? Literary works Musical works Dramatic works Choreographic works Motion pictures, other A.V. Sound recordings Architectural works Visual art Computer programs PROTECTED Facts Common property information such as calendars Symbols, slogans, names, etc. Public Domain U.S. Government works U.S. works published before 1923 Certain other 20 th C. works [consult public domain timeline] NOT PROTECTED

Term of Protection = LONG Life of author + 70 years or 120 years from creation Determining copyright status = AMBIGUOUS Secured automatically, no longer need to register Penalties for infringement = HIGH $750-$30K per work Copyright Basics Other Points of Reference

Copyright Basics Making Sense of All This What does this mean for my work? How do I know what I can use? How do I know when I need to ask? Who is there to help?

Protecting Your Work Your Research and/or Teaching Materials –intellectual property and work for hire Your Publications –SPARC Author’s AddendumSPARC Author’s Addendum –should you register your work?register

Using Others Works Fair Use “the fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” – Section 107, U.S. Copyright Law Not all fair use is educational Not all educational use is fair

1.The Purpose and Character of the Use 2.The Nature of the Copyrighted Work 3.The Amount and Substantiality of the Portion Used in Relation to the Whole 4.The Effect of the Use Upon the Potential Market for, or Value of, the Original Work Using Others Works Fair Use: Four Factor Test

Recommendations for Online Teaching: –Restrict access to only those students in the class and only for the duration of the course. –Link to reading materials instead of creating digital copies. The Library can help. –Prevent “downstream distribution” by informing students that class materials may be protected by copyright. The Library can help. Using Others Works Fair Use Online

Using Others Works Seeking Permission Use copyright-compliant NMSU Library services—such as Reserves/Coursepacks Consult “Copyright Essentials” Website (Seeking Permission tab)Seeking Permission Document your efforts and retain these records

Using Others Works Licenses Software, databases, music, video—is often licensed and subject to contract law. A “fair use” under copyright can be a license violation. Always check “terms of use.”“terms of use.”

Alternatives & New Directions Sharing Creative Works Creative Commons Sharing Teaching Resources Open Courseware Retaining Your Rights SPARC Authors Addendum Sharing Federally Financed Research NIH Public Access Policy

Fair Use or Infringement? Case #1 – posting a presentation that includes copyrighted materials Case #2 – student use of copyrighted material as part of a class assignment Case #3 – getting permission for publication

NMSU NMSU Copyright Essentials guide: help: NMSU General Counsel: Lisa Warren Liz Ellis after July 1, 2014