Copyright: with Implications for Online Educational Purposes Presenter: Jill Baker Audiovisual Librarian San Diego Mesa College April 25, 2008

What is Copyright? Copyright deals with the laws of ownership of works that are: Copyright deals with the laws of ownership of works that are: –Creative and Original (must include at least a minimum level of creativity) –Fixed in a tangible medium (meaning formally expressed in a format that sustains, such as print, CD, digital file, etc.)

What is Covered? Literary works Literary works Musical works, including any accompanying words Musical works, including any accompanying words Dramatic works, including any accompanying music Dramatic works, including any accompanying music Pantomimes and choreographic works Pantomimes and choreographic works Pictorial, graphic, and sculptural works Pictorial, graphic, and sculptural works

What is Covered (cont.) Motion pictures and other audiovisual works Motion pictures and other audiovisual works Sound recordings Sound recordings Architectural works Architectural works

What is Not Protected Ideas and facts Ideas and facts Works of the U.S. government Works of the U.S. government Works outside of copyright protection, such as databases that simply aggregate articles and information, but don’t compile them in a meaningful arrangement Works outside of copyright protection, such as databases that simply aggregate articles and information, but don’t compile them in a meaningful arrangement Works in the public domain Works in the public domain

How do I know if it is copyrighted? A copyright notice informs you immediately A copyright notice informs you immediately However, a copyright notice is not required and neither is formal registration However, a copyright notice is not required and neither is formal registration Remember that this includes material on the internet as well Remember that this includes material on the internet as well

Exclusive Rights of the Copyright Holder: Reproduce the work Reproduce the work Distribute the work Distribute the work Make derivative works (adaptations) Make derivative works (adaptations) Publicly display the work Publicly display the work Publicly perform the work Publicly perform the work Digitally transmit a sound recording Digitally transmit a sound recording

Educational Exemptions: Face to face classroom instruction (Section 110(1)) Face to face classroom instruction (Section 110(1)) Fair use (Section 107) Fair use (Section 107) TEACH Act (Technology, Education and Copyright Harmonization Act) 2002 (Codified in Section 110(2)) TEACH Act (Technology, Education and Copyright Harmonization Act) 2002 (Codified in Section 110(2))

Face to Face Classroom Instruction: Educators and students may perform or display a copyrighted work without violating exclusive rights if: Non-profit educational institutionNon-profit educational institution Performance is within a classroom or similar instructional environmentPerformance is within a classroom or similar instructional environment The media is legally obtained and not an unauthorized copy (Section 110(1))The media is legally obtained and not an unauthorized copy (Section 110(1))

Fair Use: “the fair use of a copyrighted work, including such use by reproduction in copies…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) “the fair use of a copyrighted work, including such use by reproduction in copies…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)

Four Factors of Fair Use: The purpose and character of the use The purpose and character of the use The nature of the copyrighted work The nature of the copyrighted work The amount and substantiality of the portion to the work as a whole The amount and substantiality of the portion to the work as a whole The effect of the use upon the potential market for or value of the copyrighted work The effect of the use upon the potential market for or value of the copyrighted work

General Rules: Each factor must be evaluated and decided upon separately Each factor must be evaluated and decided upon separately A fair use decision is made by the individual based upon the sum of the four factors and it is documented A fair use decision is made by the individual based upon the sum of the four factors and it is documented If a decision can’t be made, obtain permission from the copyright holder If a decision can’t be made, obtain permission from the copyright holder These actions establish a Good Faith Effort These actions establish a Good Faith Effort

Fair Use Guidelines for multiple copies in classroom: Agreement on Guidelines for Classroom in Not-for-Profit Educational Institutions with Respect to Books and Periodicals Agreement on Guidelines for Classroom in Not-for-Profit Educational Institutions with Respect to Books and Periodicals Must meet tests of: Must meet tests of: –Brevity –Spontaneity –Cumulative effect –Notice of copyright

TEACH Act (2002): Voted into law in response to the needs of educational institutions as they deliver instruction in the digital, online environment Voted into law in response to the needs of educational institutions as they deliver instruction in the digital, online environment Clarifies what can be done, expands some previous guidelines Clarifies what can be done, expands some previous guidelines Requires specific actions by the institution Requires specific actions by the institution

Requirements of institution: Must be an accredited, non-profit educational institution Must be an accredited, non-profit educational institution Have an established copyright policy Have an established copyright policy Must provide information regarding copyright to stakeholders Must provide information regarding copyright to stakeholders Must take technological measures that reasonably prevent students from retaining and distributing the works transmitted once the class is over Must take technological measures that reasonably prevent students from retaining and distributing the works transmitted once the class is over

Requirements of the performance or display: Must be for mediated instruction only Must be for mediated instruction only Must be made by or under the direction of the instructor Must be made by or under the direction of the instructor Must be directly related to the teaching content (curriculum) Must be directly related to the teaching content (curriculum) Must be technologically protected from general public (e.g. password protected website or CMS) Must be technologically protected from general public (e.g. password protected website or CMS)

Allowed amounts for transmission: Entire performances of nondramatic literary and musical works Entire performances of nondramatic literary and musical works Reasonable portions of dramatic literary, musical, or audiovisual works Reasonable portions of dramatic literary, musical, or audiovisual works Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching

What TEACH Act doesn’t cover: Products designed and marketed as mediated instructional materials for online use Products designed and marketed as mediated instructional materials for online use Textbooks Textbooks Illegal copies Illegal copies Circumventing copyright protection on media when creating digital files Circumventing copyright protection on media when creating digital files

TEACH Act vs Fair Use There are numerous benefits to the TEACH Act; however, there are drawbacks and restrictions as well There are numerous benefits to the TEACH Act; however, there are drawbacks and restrictions as well Fair Use can be used in the digital environment as well as face to face instruction Fair Use can be used in the digital environment as well as face to face instruction Choose the one that works best for you; ensure that your institution is in compliance with TEACH Act Choose the one that works best for you; ensure that your institution is in compliance with TEACH Act

When in Doubt: Get Permission Get Permission –Contact copyright holder with request for permission to use –Contact Copyright Clearance Center for permission for periodical articles –See handout for Permission support websites

What Your Library Can Do for You: If you want to add an article to your online course, check with your library’s Electronic Resources Librarian to see if the article is available within our databases. If you want to add an article to your online course, check with your library’s Electronic Resources Librarian to see if the article is available within our databases. –City College: Sandra Pesce or x3245 –Mesa College: Jean Smith or x2550

Remember: Always attribute any work that you use Always attribute any work that you use Clearly identify that it is copyrighted, who owns it, and from where it came Clearly identify that it is copyrighted, who owns it, and from where it came If you obtained permission to include it, say so If you obtained permission to include it, say so

Your Copyright Interests: Go to the U.S. Copyright website to learn how to register for your copyright: Go to the U.S. Copyright website to learn how to register for your copyright:

Online Resources for Copyright Information: Kenneth Crews ml Kenneth Crews ml ml ml UT Crash Course in Copyright: tualproperty/cprtindx.htm UT Crash Course in Copyright: tualproperty/cprtindx.htm tualproperty/cprtindx.htm tualproperty/cprtindx.htm

More Resources: North Carolina State University TEACH Act Toolkit: /teachkit North Carolina State University TEACH Act Toolkit: /teachkit /teachkit /teachkit Copyright Management Center: htm Copyright Management Center: htm htm htm

More Resources: Fair Use Check List: use-checklist.html Fair Use Check List: use-checklist.html use-checklist.html use-checklist.html Agreement on Guidelines for Classroom in Not-for-Profit Educational Institutions with Respect to Books and Periodicals: Copyright.pdf Agreement on Guidelines for Classroom in Not-for-Profit Educational Institutions with Respect to Books and Periodicals: Copyright.pdf Copyright.pdf Copyright.pdf

More Resources: Stanford University Copyright and Fair Use: Stanford University Copyright and Fair Use: SDCCD Online Learning Pathways Copyright Guidelines: sources/copyrightguidelines.pdf SDCCD Online Learning Pathways Copyright Guidelines: sources/copyrightguidelines.pdf sources/copyrightguidelines.pdf sources/copyrightguidelines.pdf

References: Crews, K. D. (2006). Copyright law for librarians and educators (2 nd edition). Chicago: American Library Association. Crews, K. D. (2006). Copyright law for librarians and educators (2 nd edition). Chicago: American Library Association. Russell, C. (Ed.). (2004). Complete copyright: An everyday guide for librarians. Chicago: American Library Association. Russell, C. (Ed.). (2004). Complete copyright: An everyday guide for librarians. Chicago: American Library Association.