Copyright Workshop STUDENTS & COPYRIGHT What you need to know… Rosemary Chase University Copyright Officer University Libraries George Mason University Fall 2002

What is Copyright? Copyright laws grant exclusive rights to the owners of an original work Such as: –Literary, musical, artistic A set of EXCLUSIVE RIGHTS

Basis for Copyright A little history… “To every cow, her calf.” An Irish king in settling property rights in a manuscript. In the mid - 16 th century with the invention of the printing press, laws were passed in London to control the presses – and what was printed –  Authors lose rights at first printing…

Basis for Copyright A little more history… By 1694, these same printing institutions wanted Parliament to grant them rights in perpetuity…so, between the 16 th and 17 th centuries, controlling print content became control of printing.

Basis for U.S. Copyright In the early 18 th century, authors were again considered –  Granted a 14 year exclusive term and the opportunity to renew for an additional 14 years, if they are still living … Statute of Anne: 1710 Was the model for U.S. Constitution, Article 1, Section 8.

U.S. Copyright Constitution, Article I, Section 8: “The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Title 17 of U.S. Code - Federal Copyright Law

Copyright... Work Must Be: –Original expression –Fixed in a tangible form Begins: –At the moment original work is fixed –Example: Graphic created in PhotoShop is protected as soon as saved to disk.

Protected Works Literary Musical Dramatic Pantomime Pictorial, Graphic, Sculpture Audio Visual Sound Recording Architectural

Non-Protected Works Cannot be Copyrighted Facts Titles Names Short Phrases Ideas

Public Domain Non-Protected Works Lost Copyright Expired Copyright Federal Government Works Abandoned Works

YOU: The Rights Holder If you are the author of a copyrightable work, then you alone* have the following rights, which are protected by law, Title 17 of the U.S. Code… *Unless you give them away.

S. 106: Protected Rights of Copyright Owner …the right to… Reproduction - make copies Make derivative works Distribute - copies Perform publicly Display publicly

Registration & Notice Copyright can be registered Notice may be placed on work - © Neither are required for a work to be protected

Statutory Exceptions Fair Use (Section 107) Libraries and Archives (Section 108)

What is Fair Use? 1. Purpose 2. Nature 3. Amount 4. Effect Four Factors from Section 107 of the 1976 Copyright Act:

The Four Factors and... Real Life Situations Course packs/Anthologies/Readers Electronic Reserves/Course Reserves Multimedia and Distance Education Web pages/Course web sites

What is Fair Use? 1. Purpose – education vs. commercial 2. Nature – fact vs. fiction 3. Amount – and substantiality (10%?) 4. Effect – on market or value Four Factors from Section 107 of the 1976 Copyright Act:

S Fair Use Gray Area until NYU Case Guidelines from House Report Act George Mason University Adopted Guidelines in 1982

Section 107 Limitations of Exclusive Rights PURPOSE/Character of Use - commercial or nonprofit educational? NATURE of Work - factual or imaginary? AMOUNT and Substantiality - 10%?? EFFECT of use on Market or Value

Commercial Use Photographs/Slides Photographer or rights holder People in the photo Owners of certain architectural works Artworks, seemingly in the PD Contemporary works of art

Commercial Use Text Books, magazines, essays, all need permission from the publishers Text READ Text TRANSLATED

Commercial Use FILM, T.V. & RADIO A clip needs permission Actors involved - right of publicity Writers, directors Licenses will require payment

Commercial Use TRADEMARKS R in circle - ® - someone owns all of these A person’s name Cartoons & cartoon characters Animated characters & toys WWW & OTHER DIGITAL SOURCES Treat these where they fall above; text, photograph, etc.

Delivered its final report in May 1997 with recommendations for further meetings. Each of the mentioned possible components of a multi- media (MM) project are allowable as fair use for students and educators, provided they stay within the following limitations of: Time, Portion, Copying, Distribution CONFU - Conference on Fair Use

Portion Limitations - Similar to the Agreement on Guidelines for Classroom Use Portion Limitations - Similar to the Agreement on Guidelines for Classroom Use From MOTION MEDIA – 10% or 3 minutes, whichever is less - whether used all at once or scattered throughout the project From TEXT – up to 10% or 1000 words, whichever is less MUSIC, LYRICS, MUSIC VIDEO – up to 10%, but in no event more than 30 seconds - must not change the fundamental character of the work

ILLUSTRATIONS/PHOTOGRAPHS –no more than five images by one artist/photographer, OR from a collective work, not more than 10% or 15 images, whichever is less NUMERICAL DATA SETS –up to 10% or 2500 field or cell entries, whichever is less Field entry = a specific item of information such as name or SSN Cell entry = the intersection where a row and a column meet on a spread sheet Portion Limitations - Similar to the Agreement on Guidelines for Classroom Use Portion Limitations - Similar to the Agreement on Guidelines for Classroom Use

FOR STUDENTS –only 1 copy, including the original in case of a joint project with another student, each student may have his or her own copy. Copying/Distribution Limitations Additional copies and/or additional uses: need permission from each rights holder- See Commercial above).

Copying/Distribution Limitations FOR EDUCATORS Only 2 use copies are allowed and only 1 copy may be placed on reserve. PRESERVATION – where 1 copy has been lost, stolen or damaged, another copy may be made.

STUDENTS –none, as long as they use their project only for job and/or graduate school interviews EDUCATORS –2 years Uses beyond these limitations require permission from each rightsholder - (see commercial above) Time Limitations

Your Responsibilities Your Responsibilities As students and citizens in these labs, or on your own PC, it is your responsibility to: –Observe the above restrictions. –Learn proper methods of attribution, acknowledgment and citation for each reference in each paper or project. –Resist the temptation to ignore any of the limitations “just this once”.

Liability Issues… what you need to know 3 TYPES OF INFRINGEMENT Direct infringement - knowledge of infringement Contributory infringement –you must either have knowledge, i.e. faculty directed –or you must materially contribute, i.e. university equipment used Innocent infringement - very rare on a university campus –Staff (button pusher) responsibility KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY IS IRRELEVANT TO YOUR LIABILITY KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY IS IRRELEVANT TO YOUR LIABILITY

KINKO’S CASE It is not likely that anyone on any university campus would be found to be an innocent infringer. In fact, the added damages in the Kinko’s case were NOT based on financial loss to the publishers.  “Kinko’s had failed to instruct its employees in the pertinent aspects of copyright law…[so that] substantial damages are necessary to deter Kinko’s future infringements.” Gorman & Ginsburg, Copyright for the Nineties: Cases & Materials, U. of Chicago Press,1993, p Liability Issues… what you need to know (cont.)

You cannot be “directed by a higher authority” to do anything that you suspect would be an infringement Intent to infringe is NOT required, to be found liable Often university policies do NOT deal with any new technology Liability Issues… what you need to know (cont.)

Fair Use versus Plagiarism Why isn’t plagiarism a fair use? Because a complete citation is necessary. When is plagiarism copyright infringement? Always…no attribution, no permission. When does fair use become a copyright infringement? When you use a fair portion of someone’s work more than once, it is likely to be an infringement.

Recent/Pending Legislation? jail time was added for willful infringement Sony Bono Term Extension - 20 years added protection = 95 yrs. Digital Millenium Copyright Act passed into law, October 1998 = DMCA TEACH Act – passed Senate June 2001.

What should everyone know about copyright? Work is protected from the moment the pen meets the paper YOU own your intellectual property No registration with the Library of Congress is required for protection No “  ” is required

Question…..          Can a professor use a student essay from last semester in a collection of readings for future semester course packet or reserves? –Yes. –But only with written consent from each student.

Can a collection of photocopied articles and book chapters (course reader) ever be considered a “fair use”? NO. Any compilation of previously published readings is considered a new publication. Question...    

YES, as long as it’s understood that you will make one printout only, for your personal use. Is it OK for me to download materials from the computer labs on campus from the Adobe Acrobat even though I am not paying for the database service directly?

Can I print out journal articles from the Web or from the libraries available databases and use them for research? If so, how many. Question...     –YES. –Only the one original print out of each article.

Can I download pictures and/or graphs from the Internet and use them on PowerPoint slides or in research papers? Question...      –Not in PowerPoint slides, unless it is for ONE class presentation. In a research paper, as long as it is never published further.

Can I photocopy the information that I have printed off the Web? If so, how many copies am I allowed to make? Question...      –NO, not unless you need to make a photocopy to add as an attachment to your research paper.

Can I photocopy journal articles from magazines or newspapers and use them for research? Question...        YES, for your own personal use.

Am I allowed to photocopy a textbook or workbook that can be bought in the bookstore? Question...       NO.

I am often in classes where professors have samples of other students’ works. Is this OK? Question...        –Only with permission from each student whose work is presented.

… in conclusion –We are not police officers, but we do have responsibilities and should take them seriously. –Remember: These are not my personal rules. It is our responsibility to uphold University policy, observe the Honor Code, and promote academic integrity.

… in a nutshell Educational purpose 10% IS NOT ALWAYS FAIR USE. OUT- OF- PRINT does NOT mean out- of - COPYRIGHT. –does NOT equal FAIR USE. WWW is NOT public domain.