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Copyright, Distance Learning, and Digital Media Know the law, empower your students … and breath easier Barbara M. Waxer Delgado Community College January 9, 2007 Overview Myths we love Copyright 101 Online and distance education Finding work you and your students can use 2 Myths You can use anything you can download from the Internet You can use any amount of any work as long as it’s for class If a work does not contain the copyright symbol ©, it is not protected by copyright As long as you’re not making a profit, you can use copyrighted materials in class 3 Myths If you change an original enough, then you can consider it a new work you created You can use anything as long as you give credit If you buy a book or movie, you can digitize it and use it however you want No one will find out or come after little old you 4 TRUE or FALSE The sole purpose of copyright protection is to protect an author’s exclusive rights to their work [The goal is to] promote the Progress of Science and useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate.” ―Justice Sandra Day O'Connor 5 Copyright Fundamentals Authority to establish Copyright Law comes from the US Constitution Is a balance between the interests of owners/authors with interests of the public Gives authors exclusive rights to control over how their work can be used 6 Copyrightability Factors Expression: a person’s unique output Photography, writing, music, dance Originality: some modicum of creativity Not necessarily novel or unique Fixation: established in a tangible medium The work exists and can be experienced 7 Copyrightability 8 Protected Works Literary works Musical works, including any accompanying words Dramatic works, including any accompanying music Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works 9 Works Not Protected Ideas, processes, systems Facts themselves v. selection and arrangement Public domain Federal government publications Titles, names, short phrases, slogans May be eligible for trademark protection 10 Scenes à Faire & Merger Doctrine Cowboy = Old West Haunted House = scary story Variations on a Zoom Tool from different applications 11 You write a story about your vacation–at what point is it protected by copyright? When you first think of it B) When you write it down C) When you register it with the Copyright Office D) When you present it in class A) 12 Start and Duration Copyright attaches as soon as work is created - Automatic Scribbled, drawn, keystroked, recorded Generally, copyright lasts the life of the author plus 70 years Registration and notice not required but provide warning to world and special legal protections © Copyright symbol no longer required on a work 13 Term of Copyright 14 TRUE or FALSE The following statement is an official statement made by a member of Congress: “Copyright should last forever minus one day” — Mary Bono, widow of Sonny, who sponsored the CTEA 15 Copyright Ownership Vests initially in author or authors of work Work made for hire Work prepared by an employee within scope of employment Work specifically ordered or commissioned and contract says so Employer or person for whom work prepared is considered author Academic Exception cloudy, especially with online classes Technological solutions (DMCA and DRM) 16 Rights of Copyright Owners section 106 17 Limitations to Exclusive Rights Fair Use (section 107) Libraries and Archives (section 108) First Sale Doctrine (section 109) Copyright does not transfer to the buyer when you buy a book, CD, or DVD—the sale transfers only the physical copy to you Educational exception for certain activities (section 110) 18 Fair Use Purposes include: Criticism Comment News reporting Teaching (including multiple copies for classroom use) Scholarship Research 19 Fair Use Factors Factors include but are not limited to: Purpose and character of use (commercial v. nonprofit educational purposes) Nature of the copyrighted work (fact v. fiction) Amount and substantiality of the portion used in relation to the copyrighted work as a whole Effect of the use on the potential market for or value of the copyrighted work 20 Fair Use Decided in courts on case-by-case basis No set formula Educational safe harbor guidelines CONTU Minimum not maximum standards of educational fair use Brevity, spontaneity, cumulative effect Fair Use argument legally trumps any guidelines But will educational institution agree to defend 21 How much can I copy? 22 Infringement Violating one of the exclusive rights granted to a copyright owner Making unauthorized use of a work Damages can be up to $150,000 for each instance of willful infringement Intent of the infringer is not a defense Ignorance of the law is not a defense 23 Proving Infringement 24 Infringement Scenarios 25 Infringement 26 Dost Thou Infringe? 27 Dost Thou Infringe? http://ccnmtl.columbia.edu/projects/law/libra ry/cases/case_campbellacuff.html 28 A Mouse or THE Mouse? 29 Dost Thou Infringe? 30 If a work is in the public domain: You can create a derivative work from it only if no one else does so first B. You can use it however you want C. You can only use it once D. It must be very old A. 31 Public Domain Works no longer protected by copyright Copyright expired or lost over time or by circumstance Work donated to public domain Can use and modify work in the public domain however you wish Generally, works created before 1924 are in the public domain 32 Can I Use It? Decision Chart 33 Some consider the laws guiding online education to: Limit copyright protection B. Expand copyright protection C. Clarify copyright protection D. Confound the entire concept A. 34 TEACH Act Deals exclusively with virtual classroom Purpose is allow some copying Still based on live classroom paradigm Focus is on centralized policy Duties of institutional policymakers Accredited nonprofit institution Establish copyright policy and inform staff, faculty, and students Inform students that materials are protected Only for enrolled students 35 Duties of IT Staff Provide limited access Ensure technological controls on storage and dissemination Cannot interfere with controls in digitally protected work Ensure limited copy retention Ensure limited long-term retention 36 Duties of Instructors Engage in decision making based on tradition of academic freedom Types of work expanded for transmittal All of a non-dramatic literary or musical work Reasonable and limited portions Amounts comparable to typical face-to-face displays Work an integral part of the class session Reasonable portions of work used 37 Duties of Instructors Explicitly excluded Commercial works sold or licensed for purposes of digital distance education Works suspected to be unlawfully acquired E-coursepacks E-reserves allowed Limit works to what would be used or displayed in a live classroom 38 Checklist for Compliance https://www.cu.edu/ip/copyright/downloads/TeachActChecklist.pdf http:// www.copyright.iupui.edu/teachlist.htm http:// fp.uni.edu/teachact/checklist.htm http://www.lib.ncsu.edu/scc/legislative/teachkit/expanded_checklist.pdf 39 Finding Material Get permission from copyright holder Conform to terms of use Use sites that include public domain works Use site that include flexible copyright licenses Creative Commons Use compilations 40 Seeing the phrase “for educational use only” on two Web sites tells you: You can use material from both sites if you are an instructor B) You can use material from both sites if you are a student C) You should find out what each Web site means by educational use D) You can use material from both sites in any instructional setting A) 41 Terms of Use 42 43 www.course.com/downloads/illustrated/copyright/onlineresources.cfm 44 Resources Audio A1FreeSounds The Free Sound Project Music Looperman Internet Archive Video Blip TV Library of Congress Photos Flickr – includes Creative Commons search capability MorgueFile Stock xchng 45