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COPYRIGHT FOR THE 21 ST CENTURY EDUCATOR AND SCHOLAR Christine Fruin, J.D., MSLIS – University of Florida ADEA Council of Faculties – Fall Forum 2013
COPYRIGHT FOR THE 21ST CENTURY EDUCATOR AND SCHOLAR Christine Fruin, J.D., MSLIS – University of Florida ADEA Council of Faculties – Fall Forum 2013
Understanding the Rights of Copyright Holders and Users of Copyrighted Works
Basics of Copyright Law
U.S. Copyright Law…in a Nutshell
Copyright Act of 1976,17 U.S.C. § 101 et seq. Protects original works that are fixed in any
tangible medium of expression (e.g. books, articles, music, movies, software).
Author/Creator holds several exclusive rights, including the right to copy and disseminate, to create derivative works, and to publicly display.
Since 1989 - no requirement of publication, registration or inclusion of the © symbol.
Copyright Duration
America in a Nutshell by Vermario (Flickr.com CC-BY-NC-SA)
U.S. Constitution, Art. 1, § 8 “…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…”
Exceptions to Exclusive Rights Public Domain – works whose copyright term has expired
according to the Copyright Act. See Cornell University chart - http://copyright.cornell.edu/resources/publicdomain.cfm
Non-Copyrightable Works – ideas, facts, government documents, symbols
Face-to-Face Teaching Exception – allows performance or
display, without permission, of copyrighted works during face-to-face instruction. Note - this exception does not provide for copying or distribution of copyrighted works.
Fair Use Exception – permits use and reproduction of copyrighted works where purpose of such use is criticism, comment, news reporting, scholarship, research, or education and where the balance of four separate factors weighs in favor of such use.
Four Factors of Fair Use
Purpose and Character of the Use
a) Educational vs. Commercial b) Transformative vs.
Reproduction **MOOCs – educational or commercial??
Nature of the Copyrighted Work
a) Technical vs. Artistic b) Factual vs. Imaginative c) Published vs. Unpublished
Amount and Substantiality of the Portion Used
a) Small amount vs. Larger quantity than needed to meet pedagogical objective
b) Selection is or is not considered “heart of the matter”
Effect of the Use on the Market
a) Copying viewed as alternative to student purchase?
b) Ready market for the original?
c) Avoiding payment of royalties?
**MOOCs openness viewed as
Newest Exception: TEACH Act
2002 enactment of the TEACH Act extended face-to-face teaching exception to distance education Fair Use still matters – TEACH Act is not an alternative to
Fair Use but instead purports to extend face-to-face teaching exception to online classroom
TEACH Act does NOT apply to MOOCs
TEACH Act allows digital display and performance of copyrighted works without permission under very limited circumstances.
To invoke TEACH Act instructors MUST solely make
decision to use material, only select materials that are essential for achieving pedagogical goal of the lesson/course (not supplementary)
Using Copyrighted Works in Online Courses
Can I Use That?
Text Materials - Can I Use That?
Textual materials (book chapters, journal articles, poems, web site content)
Post-It by bookgrl (Flickr.com CC BY-NC-ND)
Distribution of materials to students = reproduction, not display or performance. Hence, not addressed by TEACH Act. 1. Link to existing digital copy
(e.g. content in licensed database) – not an option for MOOCs
2. Digitize and post electronic copy within bounds of fair use (more limited in MOOCs)
3. Seek permission from copyright holder
Issues and Considerations
Linking to electronic materials Is it licensed? License conditions govern usage Is there a persistent or stable link? MOOC participants will not be able to access licensed
resources
Fair Use or Permission Fair Use Analysis Seeking Permission
Locating and Using Open Access Materials
Open Access – free, unrestricted, online Directory of Open Access Journals
(http://www.doaj.org)
Video: Can I Use That?
Video materials – VHS, DVD, streaming video
Showing of a film or video is a “performance” under the Copyright Act; TEACH Act may be invoked if all the requirements of the Act are present. Fair Use also available as exception permitting the streaming of video to online classes. Permitted to circumvent protection measures on DVDs to create digital clips of films. Now faculty from all disciplines may do so. Permission from copyright holder – variety of business models for licensing.
Issues and Considerations Digitization and streaming of DVDs
DMCA restrictions – 2010 rulemaking (exemption expanded)
License accompanying DVD may restrict streaming without permission
MOOCs – shorter excerpts may be fair use Digitization of VHS (analog) when no DVD (digital)
equivalent available Use of subscription or pay-per-view streaming
services (e.g. Netflix, Amazon, iTunes) Freely available streaming content
Beware of You Tube – may not be “legal” content Examples of free streaming content for linking: PBS;
Folkstreams.net; SnagFilms.com; Nature Video Archive
Audio: Can I Use That?
Sound Recordings – audio cassettes, audio CDs, MP3s
Playing of an audio clip is a “performance” under the Copyright Act; hence, the TEACH Act may be invoked if all the requirements of the Act are present. Fair Use may also be available as exception permitting the streaming of audio to online classes. Permission from copyright holder
Issues and Considerations
Pre-1972 Sound Recordings – not protected by federal law; look at state statute where work will be used
Dramatic vs. Non-Dramatic Works and the TEACH Act
Conversion of analog works License restrictions on digital recordings Locating copyright free audio works
Creative Commons licensed audio works – ccmixter.org; jamendo.com
Public Domain audio works – Library of Congress National Jukebox (http://www.loc.gov/jukebox/); Musopen (http://www.musopen.com/)
Images: Can I Use That?
Images – photographs, movie stills, posters, art prints
Showing of an image to an online class is a “display” under the TEACH Act. Fair Use may also be available as exception permitting the display of images Permission from copyright holder Collage Sheet by Becky F. (Flickr.com CC-BY)
Issues and Considerations
Image source – legal copy? Fair Use Issues
Quantity of Images “Transformativeness”
Royalty free image sources Creative Commons search http://search.creativecommons.org http://flickr.com
Public Domain Images Library of Congress American Memory Collection
(http://memory.loc.gov/ammem/browse/ListSome.php?format=Photograph)
Public Domain Sherpa (http://www.publicdomainsherpa.com/public-domain-photographs.html)
Your Rights as Content Creators
Managing Your Own Copyright
Copyright and Publishing
Author or creator of work Automatic copyright protection for the work A bundle of rights (which can be transferred), including:
to reproduce the work in copies (e.g., as photocopies or online), to distribute copies of the work; to prepare translations and other derivative works, to perform or display the work publicly; to authorize others to exercise any of these rights.
If you sign your copyright away to a publisher • May need permission to use your own work • May have to pay for access • Your university may also have to buy back access
Some or all rights can be transferred or retained If an author transfers ownership of the copyright, he or she can still retain the right to
do certain things like include articles in course packs, or place articles on a personal web site or an institutional repository.
If an author retains ownership of the copyright, he or she can grant a non-exclusive license to the publisher, typically for the right of first formal publication.
In order to publish your work, publishers need from you the
right to publish your work.
Usually publishers ask you to transfer your copyright to them.
The work belongs to you until
you give your rights away!
• A non-exclusive right to publish and distribute a work and receive a financial return
• Proper attribution and citation as journal of first publication • Right to migrate the work to future formats
What Publishers Need
• Read the publisher’s agreement carefully - some will explicitly grant the author certain rights
• Ask whether you can retain copyright (and just grant the publisher a license to publish)
• Edit the agreement directly • Append an amendment (e.g. SPARC Addendum) to the agreement
that stipulates what rights you need to retain (http://www.arl.org/sparc/bm~doc/Access-Reuse_Addendum.pdf)
What Authors Can Do
Tips for Managing Your Rights: o Understand your rights & negotiate with publishers for the rights
you want to retain o Work with publishers with flexible copyright policies.
SHERPA/ROMEO summarizes many publisher policies (http://www.sherpa.ac.uk/romeo/)
o Attach addendum to publisher’s copyright agreement. (e.g.
SPARC (Scholarly Publishing & Academic Resources Coalition) Author Addendum http://www.arl.org/sparc/author/addendum.shtml)
o Utilize Creative Commons License (http://creativecommons.org) o Consider publishing your work in an open access journal (see
Directory of Open Access Journals http://www.doaj.org)
Use SHERPA/RoMEO to research copyright and archiving policies of most scholarly journals
Creative Commons Licenses
http://www.dontwasteyourtime.co.uk/elearning/creative-commons-infographic-licenses-explained/
What is Open Access?
Scholarly literature that is "digital, online, free of charge, and free of most copyright and licensing restrictions." It does not mean giving away your work; it is not trading quality for access.
Two Roads to Open Access
1) Open Access publishing (aka Gold OA)
(not quite Gold OA–hybrid open access publishing)
2) Author self-archiving (aka
Green OA) How Open Is It? Chart” http://www.plos.org/about/open-access/howopenisit/
Open Access Benefits Authors
• Work is freely available to anyone (e.g. students, colleagues, peers) with Internet access
• Authors retain copyright • Users must properly cite and acknowledge the
authors. • Higher impact and citation rates than traditional
journals (for list of numerous studies demonstrating this see the OpCit Project http://opcit.eprints.org/oacitation-biblio.html)
How to Locate Quality Open Access Publications
Determining Journal Quality Beware: Vanity Presses (existed before OA) Beall’s List of Predatory Publishers (http://scholarlyoa.com/publishers/)
“An intention to deceive authors and readers, and a lack of transparency in their operations and processes”
Critique of Beall’s criteria/methods Declan Butler’s Checklist
Check that the publisher provides full, verifiable contact information. Be cautious of those that provide only web contact forms.
Check that a journal's editorial board lists recognized experts with full affiliations. Contact some of them and ask about their experience with the journal or publisher.
Check that the journal prominently displays its policy for author fees. Be wary of e-mail invitations to submit to journals or to become editorial board
members. Read some of the journal's published articles and assess their quality. Contact
past authors. Check that a journal's peer-review process is clearly described and try to confirm
that a claimed impact factor is correct. Find out whether the journal is a member of an industry association that vets its
members, such as the Directory of Open Access Journals (www.doaj.org) or the Open Access Scholarly Publishers Association (www.oaspa.org).
Quality Control in Open Access
Who decides on quality control?
Editorial control Open peer review: peer-to-
peer review Post-publication review:
comments, reviews. Example – F1000
Locating Quality Open Access Repositories
Christine Fruin [email protected] http://campuscopyright.wordpress.com Twitter -- @campuscopyright
Questions or Comments?
