1. Copyright Practical Applications Gail McMillangailmac@vt.edu Director, Digital Library and Archives University Libraries http://scholar.lib.vt.edu

2. Who owns the copyright? n Creators of original works n Creators' assignees n Employers: works for hire –New York Times et al., Petitioners, v. Jonathan Tasini et al. –Greenberg v. National Geographic Magazine n Why officially register your copyright? –Possibly receive greater compensation, with less documentation when filing an infringement suit

3. Rights of copyright holders 1. Reproduction 2. Modification 3. Distribution 4. Public performance 5. Public display Title 17 U.S.C. Sec. 106

4. Permission or license to use a copyrighted work is NOT required if n Work is a fact or an idea –Phone number, earth is round n Public domain –US; very, very old n Fair use –http://www.utsystem.edu/OGC/IntellectualProperty/copypol2. htm#test

5. Lolly Gassaway: http://www.unc.edu/~unclng/public-d.htm Public Domain

6. Fair Use Before using someone else's work without permission,consider ALL 4 FACTORS 1. Purpose and character of use 2. Nature of the copyrighted work 3. Amount, substantiality 4. Effect Title 17 U.S.C. Sec. 107

7. 1. Purpose and character of use n Commercial or educational use © Myth: It's OK--it's for educational purposes. n For profit or not n Degree of transformation; value added –© Myth: I modified it; now it's mine. –Pretty Woman: 2 Live Crew (Campbell, aka Skywalker, et al.) v. Roy Orbison Estate (Acuff Rose Music, Inc.), 1993/94 n For criticism, commentary, news reporting, teaching, scholarship, research FAIR USE 1 of 4

8. 2. Nature of the copyrighted work n Worthy of (extensive) protection? n Character of the work? –fact (information) or fiction (imaginative) Published facts weigh in favor of fair use Unpublished original expressions weigh in favor of seeking permission FAIR USE 2 of 4

9. 3. Amount and substantiality © Myth: Copying just a little bit is OK. n Use only what is necessary –Art n Quantity and quality in relation to the whole work –President Gerald Ford's memoirs: Harper & Row, Publishers, Inc. (Time) v. Nation Enterprises, 1985 http://www.publaw.com/fairuse.html FAIR USE 3 of 4

10. 4. Effect n Harm to potential market or value of a work after a portion has been used separately from the whole –© Myths Attribution is as good as permission. It's free advertising. original by Brad Templeton http://www.templetons.com/brad/copymyths.html FAIR USE 4 of 4

11. © Myths n It's on the Web so I can use it without asking. n It doesn't say it's copyrighted! –As of March 1, 1989, the copyright warning does not have to appear for a work to be legally copyrighted. –© 1997 by [your name] or Copyright by [your name] ALL RIGHTS RESERVED –“Permission is given to copy this work provided credit is given and copies are not intended for sale.” n I have to sign away my copyright in order to get published.

12. Copyright Resources n Copyright Management Center –Kenneth Crews, IUPUI –http://www.copyright.iupui.edu/dist_learning.htm n Crash Course in Copyright –Georgia Harper, University of Texas at Austin –http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test n TEACH Toolkit –http://www.lib.ncsu.edu/scc/legislative/teachkit/guidelines.html n Stanford University Library –http://fairuse.stanford.edu n Stay Alert to Changing Copyright Legislation –http://www.loc.gov/copyright/legislation/ n Library of Congress, Copyright Office –http://lcweb.loc.gov/copyright/ n Copyright Myths: original by Brad Templeton –http://www.templetons.com/brad/copymyths.html