~ Copyright ~~ Copyright ~

Steering through uncharted Steering through uncharted waters; otherwise known as going waters; otherwise known as going

with the flow…with the flow…April 20, 2010April 20, 2010

Sharon C. BenderSharon C. Bender

Fogel (2006)Fogel (2006)

A little bit of history…A little bit of history…

• Printing press introduced in 1475~first Printing press introduced in 1475~first time printed material could be mass time printed material could be mass producedproduced

• Rare to have an exact duplicate copyRare to have an exact duplicate copy

• Identity of author questionableIdentity of author questionable

• Authenticity of work was unsureAuthenticity of work was unsure

• Allowed for grievances to be Allowed for grievances to be distributed distributed

Fogel (2006)Fogel (2006)

Result~Result~

• Guilds were set up @ 1554Guilds were set up @ 1554

• Granted exclusive rights to printing pressGranted exclusive rights to printing press

• Allowed to burn booksAllowed to burn books

• Seek and destroy presses of non-membersSeek and destroy presses of non-members

• Work was run by censors before printingWork was run by censors before printing

• Government had control of printed materialGovernment had control of printed material

Fogel (2006); Cohen & Rosenzweig Fogel (2006); Cohen & Rosenzweig (2005)(2005)

Changes~Changes~

• Around 1689 power in Parliament changedAround 1689 power in Parliament changed

• Interest in censorship and control lostInterest in censorship and control lost

• Natural right of ownership by author Natural right of ownership by author

• Natural right transferableNatural right transferable

• Guilds shared profits with authorsGuilds shared profits with authors

• 1710~ Copyright begins with term of 14 1710~ Copyright begins with term of 14 yearsyears

• Renewable for 14 additional years if author Renewable for 14 additional years if author was livingwas living

Cohen & Rosenzweig (2005)Cohen & Rosenzweig (2005)

The New NationThe New Nation

• 1783 ~ first copyright law passed by state 1783 ~ first copyright law passed by state of Connecticutof Connecticut

• Same terms of 1710 British lawSame terms of 1710 British law• Article 1, Section 8 of the U.S. Constitution Article 1, Section 8 of the U.S. Constitution

gives Congress right to give “authors and gives Congress right to give “authors and inventors the exclusive right to their inventors the exclusive right to their respective writings and discoveries” respective writings and discoveries”

• Purpose of promoting “the progress of Purpose of promoting “the progress of science and the useful arts” science and the useful arts”

Cohen & Rosenzweig (2005)Cohen & Rosenzweig (2005)

Copyright Law at workCopyright Law at work

• 1790 – copyright term limited to two 1790 – copyright term limited to two 14 year terms14 year terms

• Deposit of copies requiredDeposit of copies required• Amendment of 1802 extends law to Amendment of 1802 extends law to

printed illustrationsprinted illustrations• 1831 – law doubles term to two of 28 1831 – law doubles term to two of 28

years – potential of 42 yearsyears – potential of 42 years• Clause allows widows and children of Clause allows widows and children of

authors to file for extension of termauthors to file for extension of term

Cohen & Rosenzweig (2005)Cohen & Rosenzweig (2005)

Copyright goes to courtCopyright goes to court

• 1841 1841 Folsom vs. MarshFolsom vs. Marsh helps establish “Fair helps establish “Fair Use”Use”– Limiting borrowing of others’ work is acceptable in Limiting borrowing of others’ work is acceptable in

creation of new and useful workcreation of new and useful work

• 1870 authors granted rights over translations 1870 authors granted rights over translations and dramatic adaptations to protect “ideas”and dramatic adaptations to protect “ideas”

• 1891 International Copyright Treaty – 1891 International Copyright Treaty – protection from pirating of worksprotection from pirating of works

• 1906 renewal period doubled from 14 to 28 1906 renewal period doubled from 14 to 28 years; extends to all works of authorshipyears; extends to all works of authorship

Cohen & Rosenzweig (2005)Cohen & Rosenzweig (2005)

Current IssuesCurrent Issues• 1976 Copyright law extends protection to 1976 Copyright law extends protection to

life of the author plus 50 yearslife of the author plus 50 years• Extended the length of earlier copyrights Extended the length of earlier copyrights

additional 19 yearsadditional 19 years• Fair Use doctrine enumeratedFair Use doctrine enumerated• 1998 Sonny Bono Copyright Term 1998 Sonny Bono Copyright Term

Extension Act (CETA) additional 20 years Extension Act (CETA) additional 20 years protection to work published before 1978protection to work published before 1978

• Life of author plus 70 years established Life of author plus 70 years established (max. 120)(max. 120)

• Digital Millennium Copyright Act (DMCA) Digital Millennium Copyright Act (DMCA) bans tampering with copyright and bans tampering with copyright and encryption on DVDs, CDs and softwareencryption on DVDs, CDs and software

The TEACH ActThe TEACH Act

• 2002 – signed by President Bush – 2002 – signed by President Bush – Technology, Education and Copyright Technology, Education and Copyright Harmonization (TEACH) ActHarmonization (TEACH) Act

• Specifically addresses on-line Specifically addresses on-line learning environmentlearning environment

Cohen & Rosenzweig (2005)Cohen & Rosenzweig (2005)

The Latest ScoopThe Latest Scoop

• 2003 - Justice Ruth Bader Ginsburg 2003 - Justice Ruth Bader Ginsburg writes that the vagueness of the writes that the vagueness of the original law now works against the original law now works against the intent of the law to encourage intent of the law to encourage creativity creativity

• Copyright law is not fixed, but Copyright law is not fixed, but continues to shift to reflect continues to shift to reflect interpretations that do not inhibit the interpretations that do not inhibit the sharing of ideas, expressions, and sharing of ideas, expressions, and manipulations of original workmanipulations of original work

What does this mean for us?What does this mean for us?(Why should I care?)(Why should I care?)

• Implications for teachers Implications for teachers – Copyright law protects against Copyright law protects against infringing usesinfringing uses

• Educators are not reselling work, redirecting Educators are not reselling work, redirecting monetary gains or affecting distribution of materialsmonetary gains or affecting distribution of materials

– Fair use – defined as reproduction by a teacher Fair use – defined as reproduction by a teacher or students of a small part of a work to or students of a small part of a work to illustrate a lessonillustrate a lesson

– Unofficial guidelines specify the number of Unofficial guidelines specify the number of lines of text, measures of music and minutes of lines of text, measures of music and minutes of video that may be used by educators and video that may be used by educators and considered considered fair use – fair use – some feel this list is some feel this list is misleadingmisleading

Heins (2006)Heins (2006)

Intellectual Property LawIntellectual Property Law

• Includes the laws of copyright and Includes the laws of copyright and trademarktrademark

• Fair use is essential partFair use is essential part– Allows anyone to copy part, sometimes Allows anyone to copy part, sometimes

all of a work without permission for all of a work without permission for several purposesseveral purposes•CommentaryCommentary•CriticismCriticism•New reportingNew reporting•EducationEducation

Factors in determining Fair Factors in determining Fair UseUse• Purpose and character of the usePurpose and character of the use• Nature of the work usedNature of the work used• Amount and importance of what was copiedAmount and importance of what was copied• Economic effect on the market for workEconomic effect on the market for workBig Questions:Big Questions:Was work transformed by using it for a different Was work transformed by using it for a different

purpose?purpose?Was the amount of material and Was the amount of material and

appropriateness of use aligned to the nature of appropriateness of use aligned to the nature of original work?original work?

Creative CommonsCreative Commons

• Innovative solution to copyright lawInnovative solution to copyright law• Works alongside copyright to allow Works alongside copyright to allow

flexibility in copyright permissions flexibility in copyright permissions without direct contact with the without direct contact with the author.author.

• The effect of such flexibility on The effect of such flexibility on current copyright law and licensing current copyright law and licensing options allowing legal sharing of options allowing legal sharing of intellectual property.intellectual property.

Open Content Open Content • Wikipedia – open content encyclopedia Wikipedia – open content encyclopedia

allowing editing and updating; freely allowing editing and updating; freely available to anyone with Internet accessavailable to anyone with Internet access

• MIT OpenCourseWare – content from MIT OpenCourseWare – content from courses freely shared through a Creative courses freely shared through a Creative Commons license but disallowing Commons license but disallowing commercial use or sale.commercial use or sale.

• Flexbook projectsFlexbook projects– Virginia Physics FlexbookVirginia Physics Flexbook– California Free Digital TextbooksCalifornia Free Digital Textbooks– Florida Board of Education’s approval of web-Florida Board of Education’s approval of web-

based reading programbased reading program