Transcript Copyright 2007

A Primer on
Copyright
and
Intellectual Property
Jim Lehman
with contributions from
Phil Swain and
John Campbell
Disclaimer
 Information
in this presentation is
based upon the best information
available. While we believe it to
accurate, it is NOT a legal opinion.
Copyright Misconceptions
Copyright Misconceptions
A
work is not copyrighted unless
registered.
 The
work I am using doesn’t have a
copyright notice on it, so it is not
copyrighted.
 As
an educator, I pretty much have
carte blanche to use copyrighted
materials in the classroom.
Copyright Misconceptions
I
don’t need permission to use only a
small amount of a copyrighted work.
 Since
I am giving credit to the author,
I don’t need permission.
 My
multimedia will be a wonderful
showcase of the work, so I don’t
need permission.
Copyright Misconceptions
I
don’t need permission because I am
going to alter the work.
I
can use most of the stuff I get from
the Web without concern for
copyright issues.
 If
I password protect my Web site,
copyright is a non-issue.
Copyright:
The Real Story
What is Copyright?
 Copyright
refers to certain legal rights to
an original work.
 Copyrighted
materials are original works
of authorship that are fixed in any tangible
medium of expression (e.g., writing, art,
photography, music, computer software).
 Ideas,
concepts, and procedures cannot
be copyrighted.
Copyright Law
 Article
I, Section 8 of the U.S.
Constitution specifies:
• [The Congress shall have power] "To
promote the progress of science and
useful arts, by securing for limited
times to authors and inventors the
exclusive right to their respective
writings and discoveries;"
 Title
17 of the current U.S. Code
governs copyright.
Exclusive Rights
of Copyright Owners
 Reproduce
(copy)
the original work
 Create
derivative
works
 Sell
or distribute
the work
 Perform
the work
or display
Rights of Copyright Owners
 Any
created work is automatically
granted copyright protection under
current law; it is not necessary to
register a copyright to have
protection.
Rights of Copyright Owners
 Worked
created since 1-1-1978 are
protected for the life of the author
plus 70 yrs; works for hire are
protected for 95 yrs from date of
publication or 120 yrs from date of
creation, whichever comes first.
 Older
works follow largely the same
guidelines although there are some
variations.
Cases
Carol
 Carol
is a faculty member in
Consumer and Family Sciences who
does research on fabric treatments.
She has discovered a new process
for adding permanent press
characteristics to cotton. Can she
copyright this process?
Albert Einstein
 Einstein
is linked in everyone’s
minds to the famous equation
E = mc2
Could Einstein have copyrighted this
equation during his lifetime had
present law applied then?
Purdue Policies
Purdue Policy
 Policies
concerning intellectual
property rights of Purdue faculty are
spelled out in Executive
Memorandum B-10 (last updated in
July 2000).
Purdue Policy
 In
accord with academic tradition…
the University does not claim
ownership to instructional materials
or traditional works of scholarship,
regardless of their form of
expression. Instructional materials
are works… the primary use of which
is for the instruction of students.
Such works may include textbooks,
syllabi, and study guides.
Purdue Policy
 The
University shall retain ownership
of Copyrightable Works created as
institutional rather than personal
efforts; that is, created at the
instigation of the University, under
the specific direction of the
University, for the University’s use,
by a person acting within the scope
of his or her employment or subject
to written contract.
Purdue Policy
 With
respect to INTERNAL use:
• Creator’s permission required for each
use;
• Creator may require revision prior to
each use;
• If revision not feasible, may withdraw
from use;
• No royalty income is permitted.
Purdue Policy
 With
respect to EXTERNAL use:
• For licensing or sale, written agreement
required between University and
creator;
• Creator retains right to revise or
withdraw the materials;
• Creators share in net royalties (typically
one third).
Case
Jim
 Jim
is a 10 month employee of the
University. He started work on a
textbook over the summer when he
was not on the payroll. But, the
project stretched on. He was forced
to finish it during the academic year,
working on it at home in the
evenings. Does the University have a
claim to all or part of Jim’s book?
Limitations to Copyright
Holders’ Rights
Special Allowances
 Copyright
law protects
the rights of the authors
of original works.

However, it also affords
special allowances or
limitations on the
copyright holder’s rights
that can be especially
important to educators.
Some Allowances
 Works
produced by the U.S.
government are not copyrighted;
they are in the public domain.
• As a consequence, government
produced works (e.g., NASA photos) are
free for public use.
 Libraries
may make copies of works
under certain circumstances.
• As a result, we enjoy things like interlibrary loan.
Software Backup

Computer software
may be backed up
when such backup
is essential to
operation or to
create a copy for
archival purposes
only.
Face-to-Face Teaching

Educators can use a
legally purchased
videotape, even one
labeled “For Home
Use Only,” as part of
class instruction in
face-to-face teaching
at a nonprofit
educational
institution.
Fair Use
Fair Use
 Fair
use refers to certain limitations
on the exclusive rights of copyright
owners.
 Examples
include criticism,
comment, news reporting,
scholarship, research, and teaching
(including multiple copies for
classroom use).
Is Use Fair Use?
Four Factors to Consider:
 Purpose
 Nature
and character of the use
of the copyrighted work
 The
amount used in relation to the
whole work
 The
effect of the use on the potential
market for the copyrighted work
Is It Fair Use? An Example
 In
1991, Basic Books sued Kinko’s
for copyright infringement because
Kinko’s was photocopying book
chapters for sale to students as
course packets for university
classes.
Is It Fair Use? An Example
 Purpose
Educational uses are favored over
commercial uses, and transformative uses
are favored over reproductions.
 In
this case, the usage was reproductive
and commercial (Kinko’s was making
money even though the audience was in
education).
Is It Fair Use? An Example
 Nature
Many factors may be considered in
the nature of the original work. Nonfiction works are more likely to be
the subject of fair use than fiction,
for example.
 In
this case, most of the works were
non-fiction educational works.
Is It Fair Use? An Example
 Amount
There are no specific criteria for what
constitutes a fair amount, although in
general lesser amounts are more
likely to be fair use.
 In
this case, amounts ranged from 5 25% of the full book. This was
considered excessive.
Is It Fair Use? An Example
 Effect
If the use is one for which purchase
of an original should have taken
place, this weighs against fair use.
 In
this case, there was a clear
detrimental effect on sales of the
books.
Is It Fair Use? An Example
 In
the Kinko’s case, three out of the
four fair use factors were judged to
weigh against the use as fair use. So,
Kinko’s lost the case.
 However,
the court specifically
refused to rule that all course
packets constitute an infringement,
requiring instead that each item be
subject to individual scrutiny.
Case
Maxtone-Graham v. Burtchaell
 In
1973, M-G wrote a book based on
interviews with women about their
pregnancies and abortions. B later
wrote his own book on the subject.
He sought permission to use lengthy
excerpts of the interviews but was
refused. He published his book
anyway with the interviews included.
Was this fair use?
Taken from Fair Use: Overview and Meaning for Higher Education by
Kenneth D. Crews, Copyright 1995. Available:
http://www.iupui.edu/it/copyinfo/highered.html
CONFU: An (Unsuccessful)
Attempt to Set New Guidelines
CONFU: Conference on Fair Use
A
report on the first phase of the
Conference on Fair Use, organized in
response to the national information
infrastructure initiative, was made in
September, 1997.
 Several
unendorsed proposals for
new fair use guidelines were put
forth.
Multimedia Fair Use Guidelines
 As
part of CONFU, a group of
academic and industry organizations
drafted new guidelines for the
educational fair use of multimedia.
 While
not endorsed by all parties
(and not law), these guidelines have
received support in many quarters
today and so are perceived by some
as “safe” uses of copyrighted
materials.
Multimedia Fair Use Guidelines
 The
guidelines refer to the use of
lawfully acquired copyrighted
materials by educators or students for
educational purposes.
 They
permit instructors to use
copyrighted materials to create
instructional materials for face-to-face
instruction, assigned study, or remote
study via a secure network. Students
may use copyrighted materials for the
creation of projects and portfolios.
Multimedia Fair Use Guidelines
 When
using copyrighted materials
without express permission,
educators should make proper
attribution.
 Only
2 copies of a work are
permitted.
 There
is an overall time limit of 2
years for the use of copyrighted
materials under fair use guidelines.
Multimedia Fair Use Guidelines
 For
text, educators may use 10% or
1000 words of an aggregate work,
whichever is less.
 An
entire poem of less than 250
words may be used. However, no
more than 3 poems by one poet or 5
poems from an anthology may be
used.
Multimedia Fair Use Guidelines
 For
individual graphics, educators
may use up to 5 works from one
person, or 10% or 15 works,
whichever is less, from a collected
work.
Multimedia Fair Use Guidelines
 For
audio, educators may use 10% or
up to 30 seconds of an aggregate
work, whichever is less.
 The
basic character or melody of
music may not be altered.
 For
video, educators may use 10% or
up to 3 minutes of an aggregate
work, whichever is less.
Multimedia Fair Use Guidelines
 For
data sets, educators may use
10% or up to 2500 fields or data cells,
whichever is less, from a published
database.
Multimedia Fair Use Guidelines
 Keep
in mind, these guidelines are
not law and not even endorsed by
many groups that worked on them.
However, given that they enjoy a
degree of acceptance, if you stay
within them you are unlikely to
encounter trouble.
 In
all cases, it is best to seek
appropriate permissions.
New Legislation:
Digital Millenium Copyright Act
Technology, Education, and
Harmonization (TEACH) Act
It’s the
new law!
Digital Millenium Copyright Act of
1998
 Implements
WIPO Internet Treaties
 Limits
online service providers’
liability for copyright infringement
 Allows
temporary copies of software
during computer maintenance
 Amends
some parts of copyright law
(e.g., gives libraries more leeway,
plans study of distance education
issues)
TEACH Act of 2002
 Extends
most face-to-face teaching
protections to teaching at a distance
 Only
reasonable and limited portions
of works may be used
 Only
for students in accredited nonprofit institutions under instructor
direction
 Means
must be used to prevent
unauthorized access
Getting Permission to Use
Copyrighted Works
Seeking Permission
 Text
Works - may need permission
from publisher and/or author
 Photographs
- may need permission
from publisher, photographer and/or
people in the picture
 Film
- May need permission from all
those involved with the production
(actors, directors, scriptwriters, etc)
Seeking Permission
 Music
- depends on use. May need
synchronization license (if music
linked with visual medium), public
performance rights, and/or particular
recording rights
 Software
- use of specific software
(e.g., QuickTime) usually requires
licensing agreement and may require
adding specific notices to your own
product
Seeking Permission
 On
campus, you can get help from:
• MIDC
• DSP Office of Technology Transfer
• Printing Services
 Off-campus,
you can contact:
• Copyright Clearance Center
Cases
Don
 Don,
a biology faculty member, was
developing a Powerpoint
presentation for his class. He found a
good 30 sec video clip of mitosis on
a videodisc the department had
purchased. He digitized the clip,
inserted it into the presentation, and
showed it in class. Was this a
violation of copyright law?
Linda
 Linda
is 3rd grade teacher in
northern Indiana. While browsing
the Internet recently, she came upon
a picture that she thought would
make a good addition to the
newsletter she mails home to
parents. There was no copyright
notice. So, she downloaded it, pasted
it into the newsletter, and sent the
copies out. Was it all right for her to
do that?
Juan
 Juan,
a faculty member, was
developing a multimedia tutorial on
the web on the “Modes of
Transportation.” He found a royalty
free CD-ROM of transportation
images which he purchased. He
incorporated only 10 of the 500
images into his Web site. Was this a
violation of copyright law?
Resources
Resources
 Copyright
•
fairuse.stanford.edu/
 Fair
•
Use Guidelines and Multimedia
http://www.libraries.psu.edu/mtss/fairuse
/default.html
 Fair
•
and Fair Use
Use and Meaning for Higher Ed
www.iupui.edu/it/copyinfo/highered.html
Resources
 The
•
Copyright Code
www.law.cornell.edu/uscode/17/
 Copyright
•
Clearance Center
www.copyright.com/
 U.S.
Copyright Office
• lcweb.loc.gov/copyright
 U.S.
Office of Patents and Trademarks
• www.uspto.gov/
Copyright Issues
THE END