COPYRIGHT 101Karla Aleman, Morehead State University

School Librarian Symposium, June 2013

(This is not a legal opinion.)

SESSION OUTLINE

Brief Overview of Copyright Law

Copyright in Education

Using Material Legally

Questions

COPYRIGHT OVERVIEW

COPYRIGHT LAW

Title 17 of the United States Code

Copyright is the rule, not the exception.

OWNERS HAVE THE RIGHT TO:

Reproduce. Make derivative works. Distribute copies.

Via sale, transfer, rental, lease, or lending. Perform publicly. Display publicly. Broadcast via digital audio transmission. Give permission for others to use.

But…

THE ITEM MUST BE…

Original (facts don’t count)

&

Fixed in a tangible medium(ideas don’t count)

WHAT CAN BE COPYRIGHTED?

literary works musical works, including any accompanying

words dramatic works, including any accompanying

music pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works

TWO IMPORTANT PRINCIPLES ABOUT OWNERSHIP

Minors can hold copyright but there may be state laws that regulate the handling of such copyright business transactions.

Owning a copy does not mean the owner has copyright.

(Credit: U.S. Copyright Office’s Copyright Basics)

LENGTH OF COPYRIGHT

As of 1989, the length of copyright is 70 years after death of author or 95/120 years for works for hire or corporate authors.

Everything published before 1923 is in the public domain.

And everything published on or after March 1, 1989, does not require the copyright symbol to be protected.

Use a digital slider to determine copyright:http://www.librarycopyright.net/resources/digitalslider/

EXEMPTIONS (TO USE WITHOUT PERMISSION)

Fair Use (Section 107) Reproductions by Libraries and Archives (

Section 108) First Sale (Section 109)(See also Sections 110-112, 117, 119, 121 & 122)

FAIR USE FOR THE PURPOSES OF…

Commentary Parody News Reporting Scholarly Research Education

FAIR USE & THE FOUR FACTORS

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work; (3) the amount and substantiality of the

portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

FAIR USE CHECK LISTS

Columbia University- http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/

Copyright.com- http://www.copyright.com/Services/copyrightoncampus/basics/fairuse_list.html

EXEMPTIONS FOR LIBRARY REPRODUCTIONS

Libraries can make copies of articles or portions of items for patrons if: Only one item from a source is copied. It is not used for commercial purposes, and the

Library has no reason to believe otherwise. The original was obtained legally. The Library is open to the public or to other

researchers. Reproductions include copyright notices and the

request form includes a copyright warning.

EXEMPTIONS FOR LIBRARY REPRODUCTIONS

Libraries can make 3 copies of unpublished items for preservation purposes and 3 copies of published items for replacement purposes if: The item is owned by the Library. The reproduction is not removed from the Library. In the case of replacements, a copy is not available at

a fair price after the Library has made a reasonable effort to locate such a copy.

The reproduction includes a copyright notice.

FIRST SALE EXEMPTIONS

After purchasing an item, the owner can: Resell the item. Lend the item. Or dispose of the item.

Copyright owners have no say in the price if resold.

THERE IS A DIFFERENCE BETWEEN…

Reproduction Rights

&

Distribution Rights

DMCA

Protects online service providers (including libraries) if their users break copyright, under certain conditions.

Circumventing Access Controls= Illegal Circumventing Copyright Controls=Legal Makes it illegal to manufacture or sell

circumvention tools.

PUBLIC DOMAIN

Includes: Facts. Everything published before 1923 (i.e. 1922

and earlier). Any work specifically published in the public

domain. Works created by the U.S. Government

(state governments differ).

IN EDUCATION

SECTION 110

Section 110 is the big one for educational institutions. It originally covered only face-to-face classroom uses of copyrighted materials.

Until…

The TEACH Act of 2002 revised and expanded the section to accommodate distance education.

THE TEACH ACT

For schools to take advantage of the TEACH Act exemptions for digital material, the accredited school must have: Copyright policies in place. Educational resources about copyright available

to instructors, students, and staff.

PUBLIC DISPLAY

In the classroom, instructors can display analog or digital copyrighted works if: They obtained the item legally. They work at a non-profit educational institution. They are displaying the item as part of their

course curriculum.

PUBLIC PERFORMANCE

Educational institutions can perform non-dramatic literary or musical works under certain conditions: Admission to the performance is free, or… All proceeds are used for educational, religious,

or charitable purposes. The performers are not paid. There is no commercial advantage in performing

the work.

USING MATERIAL LEGALLY

GETTING PERMISSION

When contacting the copyright holder directly, be sure to get written permission to use the work.

If you are uncertain about the copyright status, contact the U.S. Copyright Office: http://www.copyright.gov/

Investigate licensing and permissions agencies like the Copyright Clearance Center: http://www.copyright.com/

PUBLIC PERFORMANCE PERMISSIONS

When the previously discussed conditions are not met, the school can license the right to perform by contacting the performing rights societies like ASCAP, BMI, SOCAN, and SESAC.

If the school wants to record any music (as opposed to just performing it), they can contact Harry Fox Agency. This applies to the school recording performances for parents though one may argue Fair Use.

DRAMATIC WORKS

Dramatic works (plays and musicals) always require permission to perform.

There are no associations that handle these works, so you must contact the copyright holders directly for permission.

CREATIVE COMMONS

http://creativecommons.org/ Allows creators to license their work without

hassle. Licensing options available:

Attribution (all) Commercial/Non-Commercial Derivative Works Allowed/Not Allowed ShareAlike

ROYALTY FREE RESOURCES

Keep in mind: Web site sign up is sometimes required. They may limit free access to smaller images

only. Larger images may be available at a price. Attribution is almost always required. A link back to the Web site may also be

required.

FREE IMAGE SOURCES

Creative Commons Search Flickr Creative Commons Wikimedia Commons Microsoft Office Images FreeDigitalPhotos.net StockFreeImages.com

ROYALTY FREE MUSIC

ccMixter Free Music Archive Jamendo Magnatune BeatPick CASH Music

Opsound Podsafe Audio AudioFarm Internet Archive’s

Netlabels Collection

HOW TO CITE

1. Include the Copyright Symbol, ©, the word Copyright, or the abbreviation on each page where the content is used.

2. Include the first year of copyright.3. Include the creator’s name.

© 2013 William Turner

(Credit: U.S. Copyright Office’s Copyright Basics)

RESOURCES

Adventure of the American Mind. (n.d.). Copyright for teachers and school librarians. Available at http://users.mhc.edu/facultystaff/awalter/Brim%20site/index.html

Crews, K. D. (2012). Copyright law for librarians and educators: Creative strategies & practical solutions (3rd ed.). Chicago, IL: American Library Association.

Russell, C. (2004). Complete copyright: An everyday guide for librarians. Chicago, IL: American Library Association.

U.S. Copyright Office. (2012). Copyright Basics. Retrieved from: http://www.copyright.gov/circs/circ01.pdf