Transcript CONFU - Conference on Fair Use

SPEED COPYRIGHT
(The Copyright Quickie)
2003
Rosemary Chase
Copyright Officer
George Mason University Libraries
[email protected]
http://library.gmu.edu/copyright
Presume EVERYTHING
IS OWNED
[copyrighted, patented,
trademarked]
by someone.
Only the owner can
copy
distribute
perform
display
or make a derivative
work.
“FAIR USE”
LETS YOU USE
OTHERS’ WORKS…
BUT NOT VERY
MUCH,
AND NOT FOR VERY
LONG.
Sometimes you need to
ask for permission…
…ahead of time.
Sometimes, it’s free.
SOMETIMES
YOU MUST PAY A FEE.
NO HIGHER
AUTHORITY CAN
DIRECT YOU TO
BREAK THE LAW.
IF YOU BREAK THE
LAW, YOU ARE
LIABLE, NOT THE
UNIVERSITY…
AND THAT’S BECAUSE…
THE UNIVERSITY
PROVIDES INFORMATION
AND INSTRUCTION ON
COPYRIGHT LAW &
FAIR USE…
IN ACCORDANCE WITH
THE DMCA…
(THE DIGITAL
MILLENNIUM COPYRIGHT
ACT OF 1998)
&
TEACH Act, 2002
…IN A NUTSHELL
Educational purpose is
NOT always FAIR USE.
Out-of- print does NOT mean
out-of-copyright.
WWW is NOT public domain.
Go to the IRC workshop page to sign up for the real copyright
workshop…
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
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.
Non-Protected Works
Cannot be Copyrighted
•
•
•
•
•
Ideas
Facts
Titles
Names
Short Phrases
Public Domain
• Non-Protected Works
• Anything published before 1923
• Federal Government Works
Statutory Exceptions
• Fair Use (§107)
• Libraries and Archives
(§108)
What is Fair Use?
Four Factors from §107 of the 1976
Copyright Act:
1. Purpose – education vs. commercial
2. Nature – fact vs. fiction
3. Amount – and substantiality (10%?)
4. Effect – on market or value
IF THESE ARE
“FAIR USES”…
Then what is
PLAGIARISM?
Fair Use or Plagiarism?
• Why isn’t plagiarism a fair use?
– Because a complete citation must
accompany any fair use of another’s
work.
Plagiarism
• When you quote directly from a
publication
– Use quotation marks
– Use proper citation format
• (Author, 8) OR (author, 1999, 8)
• OR full footnote or endnote
Plagiarism…
• …is not always willful.
– Sometimes the inexperienced writer
forgets to attribute his paraphrasing
efforts.
Plagiarism
• When you paraphrase
– Attribute your source in a footnote or
endnote just as if you had quoted
directly
Plagiarism…
is fraud.
• It is using someone else’s words or art without
attribution and passing it off as your own.
• Copyright infringement is using & citing
someone’s work without permission nor
compensation to the rights holder.
• If there is a citation, it is not plagiarism.
Cyber-plagiarism
• There are growing numbers of web sites where
student papers are available for free, or for a price.
• Your instructors know how to use these sites.
• Your instructors know how to search the internet
for a “word string” which will point them to these
sites…
Cyber-plagiarism
• Even when these students have
donated their papers to these sites, your
use of any part of these papers is still
plagiarism.
SPEAKING OF
UNETHICAL CONDUCT…
FILE SHARING
• RIAA – (Recording Industry
Association of America) successfully
sued for sharing music using campus
servers.
– The Universities were NOT sued.
FILE SHARING
• File sharing = distribution
– Unlawful, unauthorized distribution,
reproduction of copyrighted works
FILE SHARING
• …is a violation of §106 of Title 17,
U.S. Code
– Exclusive right of author/creator to
reproduce and distribute
FILE SHARING THEORY
• PEER 2 PEER, P2P, Theory:
– Sampling
– Previewing
– Not meant to substitute for purchase of
music or movies or software
– Meant to facilitate long distance
collaboration between researchers and
creators.
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
Recent Legislation
• 1997 - jail time was added for willful
infringement
• Digital Millenium Copyright Act passed into
law, October 1998 - DMCA
• Sonny Bono Term Extension - 20 years
• TEACH Act – passed November 2002 – some
fair use in digital materials
What should everyone know
about copyright?
• Work is protected from the moment the pen
meets the paper
• No registration with the Library of Congress is
required for protection
• No “” is required
• We are all rightsholders!
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”.
• Remember: These are not your personal rules. You are
only doing as instructed in order to protect the University.
… in a nutshell
Educational purpose
–does NOT equal FAIR USE.
10% IS NOT ALWAYS FAIR USE.
OUT- OF- PRINT does NOT mean
out- of - COPYRIGHT.
WWW is NOT public domain.
Copyright Office
George Mason University Libraries
http://library.gmu.edu/copyright
Johnson Center Room 136
Hours: Monday-Friday 8:00 – 4:30
Phone: 703-993-2455, & 32427
[email protected]
Workshops:
http://www.irc.gmu/wems/workshops/default.cfm