Transcript Fast, Cheap & Useful: New Technologies for Reference & Beyond

Fair and Ethical
Use of Information
Adapted for the 2007 Institute for Technology Assisted Learning. Draws upon
prior presentations and works by Susan Beck, Molly Molloy, and Norice Lee,
Library; James Caufield and the NMSU Plagiarism Task Force; Mark E.
Workman, Office of Distance Education/Extended Learning, and Bruce Kite,
Office of General Counsel, New Mexico State University
Session Outline
Legal Background & Educational Practices
Background on Copyright and Fair Use
Exemptions and Compliance
DE Delivery Modes: Special Considerations
Copyright Infringement
Helping Students
Encouraging Good Practice
Minimizing Plagiarism
Exemptions & Compliance
Why Should We Care?
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Scholarly Process – faculty both produce and
consume research that may be copyrighted
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Pros/Cons of Digital Age – can more easily
access and disseminate resources, can also
increase liability in cases of infringement
From Copyright Law in the Electronic Environment - Georgia Harper, General Counsel,
University of Texas System
Exemptions & Compliance
Why Should We Care?
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Balancing intellectual property with “work for hire”
NMSU Intellectual Property policy:
http://research.nmsu.edu/docs/IP/intelPropPP.html
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Protecting access to scholarship – faculty authors
surrender copyright to their research; libraries “buy back”
research products at greatly inflated costs
Create Change: http://www.createchange.org
From Copyright Law in the Electronic Environment - Georgia Harper, General Counsel,
University of Texas System
Background on Copyright & Fair Use
Copyright: The Basic Rationale
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A balance between the rights of the author and the need
for a democratic society to have access to information.
Protects authors  encourages production
Protects access to information  encourages flow of ideas
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Both are necessary to meet the rationale for copyright
law as stated in the Constitution: “To promote the
progress of science and the useful arts.”
-Gretchen McCord Hoffman. Copyright in Cyberspace: Questions and Answers for Librarians. NY: Neal-Schuman, 2001, p.4.
Background on Copyright & Fair Use
Copyright Act of 1976
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Defined basic rights of copyright holders,
Codified doctrine of fair use
Converted the term of copyrights from a fixed period
requiring renewal to an extended period based on the
date of the creator's death.
Amended in 1992 to offer automatic copyright renewal.
Also, for works protected by copyright before 1978, their
reversion to public domain greatly curtailed.
Background on Copyright & Fair Use
Copyright Revisions: Post 1976
Sonny Bono Copyright Term Extension Act - 1998
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Life of author + 70 years (was life + 50 years)
Limited exceptions for libraries and other non-profit educational
institutions to treat works as public domain.
Digital Millennium Copyright Act - 1998
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Greater protections for the software & entertainment industries
Greater restrictions to public access usually favored by scientists,
librarians and academics.
Technology Education and Copyright Harmonization (TEACH) Act - 2002
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Pertains to transmissions of performances and displays of copyrighted
materials, such as those used in distance education courses.
Exemptions & Compliance
How Does it Work?
When does copyright occur?
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Begins from the time the work is created in fixed form, be it
published or unpublished.
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Creator of the work immediately holds the copyright.
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Possible exception of “work for hire” (§101)
Exclusive rights granted to copyright owners
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Reproduce the Work or Make Derivative Copies
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Distribute and/or Sell Copies
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Perform or Display the Work Publicly
1976 Copyright Act, §106
Exemptions & Compliance
What Is and Is Not Protected?
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Literary works
Musical works
Dramatic works
Motion pictures and other A.V.
Sound recordings
Architectural works
PROTECTED
• Works not fixed in a tangible
form of expression
• Titles, names, slogans, familiar
symbols, ingredients, etc.
• Ideas, procedures, methods,
systems, concepts, etc.
• Works consisting entirely of
“common property” information
such as calendars
NOT PROTECTED
Exemptions & Compliance
Copyright Notice
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Since the 1989 Berne Convention, use of a copyright
notice is no longer required.
Copyright notice will defeat a claim of “innocent
infringement”.
Some may argue that information posted on the Internet
implies consent.
Exemptions & Compliance
Copyright Exemptions
§107:
Fair Use
§108:
Library & Archival Copying
§109(a):
First Sale Doctrine
§109(c):
Exception for Public Displays
§110:
Displays & Performances in F2F Teaching
§110(2):
Displays & Performances in DE
§117: Computer Software
§120:
Architectural Works
§121:
Special Formats for Persons with Disabilities
Exemptions & Compliance
Fair Use Doctrine
Four Factor Test
1. The Purpose and Character of the Use
2. The Nature of the Copyrighted Work
3. The Amount and Substantiality of the Portion Used
in Relation to the Whole
4. The Effect of the Use Upon the Potential Market
for, or Value of, the Original Work
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Scenario 1: In a class last semester, one of my students
created a PowerPoint presentation that I want to use in
my online course this semester. She has given me
permission to use it, so I can upload it into the course.
Adapted from Washburn University copyright course for faculty:
http://www.washburn/edu/copyright/faculty/online-courses.html
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Compliance! While the student’s work would be considered
copyrighted, you did contact the student and ask for
permission. You may post it to course content, but you
should add a notice of the author’s name and that you
have permission to reproduce it. Also, it would be best to
get a signed release form to post any student work to
the Web (including online courses).
Adapted from Washburn University copyright course for faculty:
http://www.washburn/edu/copyright/faculty/online-courses.html
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Scenario 2: A history teacher taped the original ABC news
report showing Richard Nixon leaving the White House
after he resigned. She made it at home on her personal
VCR and used her own tape. She uses the entire news
program every year in her classroom. This is fair use.
Adapted from California State University Sacramento copyright tutorial:
http://www.csus.edu/indiv/p/peachj/edte230/copyright/quiz.htm
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Violation! Congress holds that videotapes of publicly
broadcast shows can only be shown for 10 days
afterwards unless the copyright holder grants greater
allowances for educators. By this point, she should have
asked permission or purchased the tape. Note:
exceptions are granted by some educational programs
such as Bill Nye, the Science Guy.
Adapted from California State University Sacramento copyright tutorial:
http://www.csus.edu/indiv/p/peachj/edte230/copyright/quiz.htm
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Scenario 3: For my course on ancient Egypt, I want to use
some copyrighted photos of the burial chamber of
Tutankhamun to discuss death rituals. I can use them
without permission.
Adapted from Washburn University copyright course for faculty:
http://www.washburn/edu/copyright/faculty/online-courses.html
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Compliance! Although the law prior to the TEACH Act may
not have allowed the use of copyrighted images without
permission, the TEACH Act states that one may display
"a work in an amount comparable to that
which is typically displayed in the course of a live
classroom session.” Considerations: How many images
will you use? Will you use them in successive courses?
Adapted from Washburn University copyright course for faculty:
http://www.washburn/edu/copyright/faculty/online-courses.html
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Scenario 4: I read an interesting article in this morning’s
paper and decided that it would be a good part of this
week’s discussion. I can copy the article to my course
site for my students’ use.
Adapted from Washburn University copyright course for faculty:
http://www.washburn/edu/copyright/faculty/online-courses.html
Exemptions & Compliance
Scenarios: Fair Use or Violation?
Grey Area: The easiest way to make the article available
would be to create a link to it from your course or to see
if it is available through a Library database.
Considerations: spontaneity of use, availability of
material (is course restricted only to students?), will you
use again in the future? Also, include notice of
copyright.
Adapted from Washburn University copyright course for faculty:
http://www.washburn/edu/copyright/faculty/online-courses.html
Exemptions & Compliance
Copyright Guidelines
They do NOT have the force of law behind them
Have not been enacted into law by Congress
Have not been adopted as a binding standard in any
court decision.
They DO help us answer common fair-use questions
Provide “good faith” practices that help us comply
Negotiated by private, interested, and often conflicting parties
(libraries, publishers, societies, etc.)
Distance Education Delivery Modes
Considerations
Is the class face-to-face?
Is the access restricted to current
students?
Is the class on an open web site?
Is the class transmitted through
some form of open broadcast
medium?
Examples:
Examples:
WebCT, Centra, ITV Classroom,
Cable or Open Air TV, Satellite,
Open class websites, radio
broadcasts
PROTECTED
UNPROTECTED
Distance Education Delivery Modes
Teach Act Checklist
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You work at an accredited nonprofit educational institution with a copyright use policy
Your institution makes educational materials on copyright available
The work is not a digital educational work and is lawfully made and acquired
The work is integral to class sessions and directly related to teaching
The work is part of systematic and mediated instructional activities
Non-dramatic literary or musical works = you may use all
Any other work = you may use reasonable and limited portions
Reception must be limited to students enrolled in course with reasonable
downstream controls instituted
Do not retain work longer than class session or disseminate beyond recipient(s)
Provide warning notices to students
Adapted from North Carolina State University – TEACH Toolkit - http://www.lib.ncsu.edu/scc/legislative/teachkit
Distance Education Delivery Modes
What’s Missing From Some NMSU Classes?
The Notice to Students
The materials on this course Web site are only for the
use of students enrolled in this course for purposes
associated with this course and may not
be retained or further disseminated.
Distance Education Delivery Modes
Beyond Copyright - Licenses
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Are you using software packages?
Are you using purchased video courses?
Are you using e-Packs?
Are you using prerecorded music?
Are you using audio clips?
If your answer is YES to any of the above,
then read the fine print!
Exemptions & Compliance
Alternatives
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Access works in the public domain.
Consider “copyleft” or “tiered” protections.
Access existing Library materials (PURLs,
ereserves).
Obtain permissions (or use Library services that
obtain permissions for you).
Restrict access to content
Exemptions & Compliance
Steps in Seeking Permission
Step 1:
Step 2:
Step 3:
Step 4:
Select the Work
Permission Required?
Obtain Permission
You’ve Hit “Dead End”
See: IUPUI Copyright Management Center-Permissions Information
Exemptions & Compliance
Copyright Clearance Center
Exemptions & Compliance
Obtaining Sample Price Quote
Exemptions & Compliance
Safe Harbor
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Educate yourself.
Practice in good faith …Don’t willfully infringe!
Be consistent in your practices.
Keep detailed records of permissions
sought/obtained.
Proactively seek legal and/or other expert
advice if questions arise.
Copyright Infringement
Damages
Strict Liability
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Innocent $200
Actual Losses
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Hard to prove
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May be few
Statutory Damages
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$750 - $30,000 per infringed copyright
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$150,000+ per willful infringement
Other Damages
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Court Costs
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Fees
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Injunction
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Imprisonment
Helping Students
Understanding Problems
Why do students plagiarize?
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Lack of time
Path of least resistance
Internet pastiche (Edland, Cal State L.A.)
Unfamiliar with documentation practices
Helping Students
Resources
http://lib.nmsu.edu/instruction/plagiarism
Helping Students
Sample Tips from
http://lib.nmsu.edu/instruction/plagiarism
Discuss Plagiarism with Your Students
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Include a statement in your syllabus, for instance the NMSU definition of
plagiarism and inform students of consequences.
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Clarify how much collaboration is allowed.
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Present examples of plagiarism and show how to correct them.
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Model proper citation strategies.
Design Assignments to Minimize Plagiarism
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Specify the number and type of sources needed.
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Require students to submit copies of articles and brief selections from
books. (Students should be informed of this requirement early on).
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Incorporate instruction in library research skills
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Require multiple drafts
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Consider oral presentations where students demonstrate their
understanding of the topic.