Copyright Issues for Faculty Cheryl Kirschner and Ross Petty Babson College

What can copyright law protect? –Original expression --writings, books, movies, music, images, videos, plays, poetry, sculpture, software, architectural works, etc for life plus at least 50 years --70 years in US and many other countries. –Syllabii, slides, case studies, assigned readings, blog & discussion board comments etc. What is not protect-able under copyright? –Facts, Ideas, Titles/Names, Short Phrases, Blank Forms, Fonts/Typefaces (US), Works published by US gov. What is needed to obtain copyright protection? –Fix expression in tangible medium. –Notice not needed for protection but may enhance damages. –Timely registration (within 3 months) presumes validity, but registration not needed until enforcement. Who is entitled to copyright protection? Author unless assigned to another e.g., work for hire. What rights does the copyright holder enjoy? –The right to publish, display, perform, copy, distribute and create derivative works. Copyright office: Copyright Protection

Infringement vs. Fair Use Proven by: Direct evidence of copying –Substantial exact copying –Copying false information (maps, databases) Access plus substantial similarity –Substantiality and similarity judged by lay observer. Can get permission/license. Fair Use: Section 107 –Purpose and Character of Use Transformative use? Criticism –Nature of the Work –Amount Used in Proportion to Whole –Effect on Market or Potential Market for the Work

Copyright Quiz –true of false? Anything on the web can be used without attribution or copyright permission. If I give attribution to another work in my work, it protects me from © infringement. If I copy another work for educational purposes, fair use protects me. Creative Commons --selected rights reserved e.g. wikipedia.Creative Commons