Transcript Copyright, Fair Use, & the Internet Rosemary Chase University Libraries Presume EVERYTHING IS OWNED [copyrighted, patented, trademarked] by someone.

Copyright, Fair Use,
& the Internet
2003
Rosemary Chase
University Libraries
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 permission
…ahead of time.
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
Basis for Copyright
A little history…
• “To every cow, her calf.” An Irish king in
settling property rights in a manuscript.
• In the mid - 15th century with the
invention of the printing press, laws
were passed in London to control the
presses – and what was printed –
Authors lose rights at first printing…
Basis for Copyright
A little more history…
• By 1694, these same printing
institutions wanted Parliament to grant
them rights in perpetuity…so, between
the 16th and 17th centuries, controlling
print content became control of print.
Basis for U.S. Copyright
• In the early 18th century, authors are again
considered –
They are given a 14 year exclusive term and
the opportunity to renew for an additional
14 years, if they are still living…
Statute of Anne: 1710
Was the model for U.S. Constitution, Article 1,
Section 8.
Basis for U.S. Copyright
Constitution, Article I, Section 8:
• “The Congress shall have Power…To promote the
Progress of Science and useful Arts, by securing
for limited Time to Authors and Inventors the
exclusive Right to their respective Writings and
Discoveries.”
• Title 17 of U.S. Code - Federal Copyright Law
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.
Protected Works
•
•
•
•
•
•
•
•
Literary
Musical
Dramatic
Pantomime
Pictorial, Graphic, Sculpture
Audio Visual
Sound Recording
Architectural
Non-Protected Works
Cannot be Copyrighted
•
•
•
•
•
Ideas
Facts
Titles
Names
Short Phrases
Public Domain
• Non-Protected Works
• Anything published before 1923
• Federal Government Works
Protected Rights
of Copyright Owner are:
•
•
•
•
•
Reproduction - making copies
Derivatives – translations etc.
Distribution - passing copies…
Public Performance – music etc.
Public Display – 2D & 3D art
Registration & Notice
• Copyright can be registered
• Notice may be placed on work - ©
• Neither are required for a work to be
protected
Statutory Exceptions
• Fair Use (§107)
• Libraries & Archives (§108)
• Exemptions of certain
performances & displays (§110)
What is Fair Use?
Four Factors from §107 of the 1976
Copyright Act:
1.
Purpose
2.
3.
4.
Nature
Amount
Effect
The Four Factors and...
Real Life Situations
•
•
•
•
YOU are a rightsholder!
Web pages/Course web sites
Plagiarism
File Sharing
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
Commercial Use
To Reproduce photographs or slides on the web (or anywhere
else!) you must have permission from each of the following:
• Photographer or rights holder
•
•
•
•
•
People in the photo
Owners of certain architectural works
Artworks, seemingly in the PD
Contemporary works of art
ETC. ETC. ETC.!!
CONFU –
Conference on Fair Use
• Delivered its final report in 1997.
• Each of the mentioned possible components of a
multimedia (MM) project are allowable as fair use
for students and educators, provided that they stay
within the following limitations of:
– Portion, Copying, Distribution, & Time
Portion Limitations - Similar to the
Agreement on Guidelines for Classroom Use
• From MOTION MEDIA
– 10% or 3 minutes, whichever is less - whether used all
at once or scattered throughout the project
• From TEXT
– up to 10% or 1000 words, whichever is less
• MUSIC, LYRICS, MUSIC VIDEO
– up to 10%, but in no event more than 30 seconds must not change the fundamental character of the work
Portion Limitations - Similar to the
Agreement on Guidelines for Classroom Use
• ILLUSTRATIONS/PHOTOGRAPHS
– no more than five images by one artist/photographer,
OR from a collective work, not more than 10% or 15
images, whichever is less
• NUMERICAL DATA SETS
– up to 10% or 2500 field or cell entries, whichever is
less
• Field entry = a specific item of information such as
name or SSN
• Cell entry = the intersection where a row and a
column meet on a spread sheet
Copying/Distribution
Limitations
• STUDENTS
– only 1 copy, including the original
• in case of a joint project with another student, each
student may have his or her own copy
• EDUCATORS
Only 2 use copies are allowed and only 1 copy may be placed
on reserve
• PRESERVATION
– where 1 copy has been lost, stolen or damaged, another copy
may be made
Additional copies and/or additional uses: need permission
from each rights holder- See Commercial above).
Time Limitations
• STUDENTS
– none, as long as they use their project only for job
and/or graduate school interviews
• EDUCATORS
– 2 years
• Uses beyond these limitations require permission from
each rightsholder - (see commercial above)
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
Liability Issues…
what you need to know (cont.)
• You cannot be “directed by a higher authority” to
do anything that you suspect would be an
infringement
• Intent to infringe is NOT required, to be found
liable
• Often university policies do NOT deal with any
new technology
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 –November 2002 – some fair use
in digital materials
DMCA
• What did it change?
– Reduced liability for libraries and technology
providers for what their clients do with
University equipment – WITH STRINGS
Full citation required (instead of stamp)
Institution agent required
Instruction and notices required
Institution policy required
TEACH Act
• Technology, Education and Copyright
Harmonization Act.
Signed into law: November 2002
– Fair Use provisions for Distance Education &
Digital transmissions
TEACH Act – cont.
• Restrictions include
– Limiting access to enrolled students
– Providing technology measures to
prevent retention of the work in
accessible form
– Only small amounts permitted
– Passwords required
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!
Question...    
Can I download pictures and/or
graphs from the Internet and
use them on PowerPoint slides
or in research papers?
–Not in PowerPoint slides, unless it is for ONE
class presentation. In a research paper, as long
as it is never published further.
Question…???????
Can we scan into a web page a set of
MAPS? Aren’t maps facts, like common
knowledge? How about newspapers?
NO and NO.
Maps (even when they are 2D) are sculptural
works and are given artistic consideration.
Newspapers are expressions of facts, and not in
the public domain.
Question...    
Can I photocopy the information that I have
printed off the Web? If so, how many copies
am I allowed to make?
–NO, not unless you need it as an attachment
to your research paper.
Your Responsibilities
– Inform your students of the restrictions
discussed today
– Instruct your students on proper attribution,
acknowledgments and citations to appear on
each reading copied
– Resist the temptation to turn a blind eye to
the portion limitations, plagiarism, and
systematic abuse
… 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 Resources Office
George Mason University Libraries
http://copyright.gmu.edu/
Johnson Center Library Room 227 EB
Phone: 703-993-2455, & 3-2427
[email protected]