Transcript Copyright and Employment Issues in Distance Education

Copyright Issues in
Higher Education
“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."
U. S. Constitution: Article 1, Section 8
Colorado State University
Professional Development Institute
January 6, 2010
Copyright Basics
 What is Copyright?
 What Does Copyright Protect?
 What Does Copyright Not Protect?
 How Do I get Copyright Protection?
 What Does it Mean to Owners?
 What Does it Mean to Users?
 Can I use a Copyrighted work without
permission?
What is Copyright?
 Copyright is a form of protection provided
by the laws of the United States to authors
of original works of authorship.
 It is available for both published and
unpublished works.
 It generally gives the owner of the copyright
exclusive rights to the work for a period of
time before the work goes into the public
domain.
What Does Copyright Protect?
 Original Works of Authorship - A Person’s
Unique Way of Saying Something
 Fixed in a Tangible Medium – Does not have
to be directly perceptible as long as it can be
communicated with the aid of a machine or
device
Categories of Protected Works:
 Literary works
 Musical works, including accompanying lyrics
 Dramatic works, including accompanying music
 Pantomimes and choreographic works
 Pictorial, graphic and sculptural works
 Motion pictures and other audiovisual works
 Sound recordings
 Architectural works
Note
Ownership of a copy of a book,
manuscript, painting or other work
protected by copyright does not give the
possessor of that work any ownership rights
in the underlying copyright embodied in the
work.
 “First Sale Doctrine” does give purchaser
of a work certain rights to the work itself.

What is not protected by Copyright?
 Works that have not been fixed
 Titles, names, short phrases
 Listings of ingredients/contents, directions
 Ideas, concepts, methods, processes
 Works consisting only of information that is
common property (i.e. height/weight
charts, tape measures, etc.)
 Works authored by the US Government
How do I get Copyright Protection
for my work?
 Copyright Protection begins the Moment a
Work is fixed in a Tangible Medium.
 It is Automatic
 Use of a “Copyright” Notice is Not Required
 Registration Carries Certain Benefits but is
Only Required to Bring a Lawsuit
Copyright Term and Public Domain
 Works published before 1923 are in the public
domain.
 The copyright term for works published after
1978: Life of author + 70 years; and Works for
hire: the shorter of publication + 95 years or
creation + 120 years.
 No new works will enter the public domain until
2019.
Copyright term continued…
Many variations in copyright terms and it
can be very confusing.
Cornell has a really good website that goes
through all of these:
http://www.copyright.cornell.edu/reso
urces/publicdomain.cfm
Exclusive Rights of the Copyright Owner
 Reproduce the work
 Prepare derivative works based on the work
 Distribute copies of the work by sale, lease or
lending
 Perform the work publically in the case of
literary, musical, dramatic and choreographic
works, pantomimes and motion pictures and
other audio visual works
 Display the work publicly, in the case of literary,
musical, dramatic and choreographic works,
pictorial, graphic or sculptural
Droit Moral – The right of the Artist to
protect the integrity of their work
 Visual Artists Rights Act of 1990 (VARA)
 Applies to Visual Arts – paintings, sculptures, and limited edition
photographs and prints (less than 200 signed and numbered)
 Grants Author of a work of Visual Art protection against:
 Misattribution (although can ask to have name removed)
 Distortion, mutilation or modification of the work which is likely to
harm the reputation of the author
 Destruction of any work of Recognized Stature
 Rights are personal to Author and end upon their death
 Can be waived in a written agreement signed by the Author
Who Owns the Copyright?
 The Author is the Owner
 Joint Authorship/Ownership
 Each a Contributor of copyrightable expression
 At the time of creation:
 Intend to create a unified whole
 Intend to be joint authors
 Each can exploit but must account to the other
 Each can create derivative works
Work Made for Hire
 Specially Commissioned or Ordered Work
 The parties MUST agree to this in a signed written
document; AND
 Only applies to: 1) contribution to a collective
work; 2) part of a movie or audiovisual work;
3)translation; 4) compilation; 5) supplementary
work; 6) instructional text; 7) a test; 8) answer
material for a test; or 9) an atlas
 Person who commissioned will be the “Author”
Employer Ownership of
Employee’s Work
 Employee’s Work within the Scope of
Employment will also be considered a
“Work for Hire”
 At work
 During work hours
 Using work facilities and resources
Section J
J.12.1 Academic Materials created by Members on their own
initiative in the ordinary course of teaching to meet the reasonable
needs of currently enrolled students, including distance or
handicapped students, and not involving University Resources, belong
to the Member. The Member has sole control over the content and use
of the Academic Materials, is authorized to place supplemental
classroom materials on a University Web site, may set access
permissions to that site, and may assert exclusive copyright in their
works. The University shall not exploit the Academic Materials nor
authorize other employees to use the Academic Materials or
derivatives of those Academic Materials in their classes without
permission of the Member.
Section J continued…
 The ownership of student works created in the course of
academic requirements shall be with the student and the
University may retain the work as needed for its instructional
or record-keeping purposes. The University and the
Members may not use the work in any other manner without
the written consent of the student.
 Ownership of Works created in the course of sponsored
research or other agreements are subject to the provisions
described in Section J.7.
Important Exceptions for use of
Copyrighted works in Higher Education
 Special Provisions for Libraries
 Modifications for Blind and Disabled
 Classroom Performances/Displays
 TEACH Act
 Fair Use
Special Rights of Libraries
ILL copyright rules:
• We abide by CONTU guidelines (National
Commission on New Technological Uses of
Copyrighted Works; established by US
Congress, operated 1975 – 1978)
• We may obtain 5 copies of articles from a
work published in the last 5 years/year before
we must start paying copyright royalties on
each subsequent copy.
• Older than 5 years are not counted
ILL copyright rules:
•Copyright averaged around $35 for each
article we had to pay for last year.
•It is sometimes cheaper to buy the
electronic version from the publisher than
to pay royalties through Copyright
Clearance Center
Copyright guidelines for Electronic reserve:
•Scan item with title page and copyright info
•No more than one book chapter or article
from a journal issue per class
• Don’t combine several items from various
sources into one new ER reading
Copyright guidelines for Electronic reserve:
• Some electronic journal licenses may forbid
placing the article on ER. We will create links
instead
•If items are reused for more than one
semester, copyright royalties may be required.
•Link to Web sites or Web pages, don’t copy
and paste into a new document
Adapted Works -- Accessibility
 Section 121 permits adaptation of works for
individuals with disabilities where the
copyright owner has not made special
versions available (e.g. brail, large type,
audio, etc.)
 You may even circumvent technical
protections to do so
Classroom Teaching Exception
 Instructors and students at a non-profit educational institution
may use, display, and/or perform in a classroom environment any
copyright-protected material or work
Provided that:
 The work used was legally obtained
 The intended use of the work is strictly educational
 Distribution is in a location designed primarily for
educational purposes
 Teaching and learning occur simultaneously (e.g. not
a recording)
See TILT Guide: Copyright Essentials for Educators
Can you show a movie
on campus without
getting copyright
permission?
Is that only allowed in
the classroom?
Neat Chart from:
http://counsel.wlu.edu
/tutorial/movies.pdf
Technology, Education and Copyright
Harmonization (TEACH) Act
 The TEACH act was put into place to clarify the use of copyrighted
materials in online education
 Applies only to materials you would ordinarily use in a classroom
setting
 There are, however, many factors and limitations that must be
considered
 Good guidance is available on the TEACH Act page of the Copyright
Essentials for Educators Guide on the TILT Web site:
http://tilt.colostate.edu/guides/tilt_copyright/exemption_distance.cfm
Fair Use Statute
 Fair Use is provided for in the Copyright Act at
Section 107
 It embodies a balance between the interest of the
copyright owner in exploiting their work and the
public’s interest in accessing the work
 It also addresses First Amendment concerns
allowing limited use of a work for comment,
criticism and parody
 Fair use addresses market failures to allow good
but uneconomical use of copyrighted works
Four Factor Fair Use Test
 Purpose and character of the use
 Nature of the copyrighted work
 Amount and importance of part used
 Effect on the potential market for or value
of the copyrighted work
 Purpose and Character of the Use
 Non-Profit educational or commercial purpose?
 Nature of the Copyrighted Work
 Factual or Artistic?
 Amount and Importance of Part Used
 The whole work?
 Just the most significant part?
 Effect on the Market
 Does use compete with Copyright owner’s sales
 Repeated use tends to have more impact on the
market
Safe Harbors do Exist…
Catholic University has a nice chart
summarizing these on its website:
www.cu.edu/ip/copyright/downloads/Quick-Ref-Chart.pdf
Need more information?
Copyright Essentials for Educators
A TILT Teaching Guide
from the Institute for Learning and Teaching at Colorado State University
Copyright Clearance
Procedures for Course packets
http://ccs.colostate.edu
http://ccs.colostate.edu/course_packets.aspx
How much does Copyright cost?
 For the Spring ‘10 semester, copyright fees
ranged from $.49 – $36.87 per student.
 This is for copyright fees only.
 Other costs to complete course packets include
printing costs and bookstore charges.
Remember!
Copyright permissions
need to be cleared
every semester!
Contact information:
 Linda Schutjer, Senior
Associate Legal Counsel,
Office of General Counsel
491-6270
 Peter Connor,
Communications director,
The Institute for Teaching
and Learning
491-5277
 Sherri Lebeda,
Communication and
Creative Services
491-6432
 Teresa Negrucci,
Collection Assessment and
Management Librarian;
Assistant Professor
491-1438