Copyright WorkshopCopyright WorkshopThe College of Saint RoseThe College of Saint Rose

Michael StrattonMichael StrattonJohn EllisJohn Ellis

Version 7

““Only one thing is impossible for God: Only one thing is impossible for God: To find any sense in any copyright law To find any sense in any copyright law

on the planet.”on the planet.”

- - Mark TwainMark Twain

Copyright TerminologyCopyright Terminology   

Copyright Copyrightable Material Copyright Infringement Public Domain Off-Air Recording Public Performance Rights Fair Use DMCA TEACH Act Family Entertainment and Copyright ActFamily Entertainment and Copyright Act

CopyrightCopyright Any original work that is set in a fixed Any original work that is set in a fixed

medium is automatically copyrighted.medium is automatically copyrighted. Writing it on paperWriting it on paper Saving it on a computerSaving it on a computer Posting it on a web sitePosting it on a web site Recording video or audio onto tape, CD, Recording video or audio onto tape, CD,

DVD, etc.DVD, etc. Works no longer need to be registered in Works no longer need to be registered in

order to be copyrighted.order to be copyrighted. Works do not need a © or other Works do not need a © or other

copyright indication.copyright indication.

CopyrightCopyright

The copyright owner has exclusive The copyright owner has exclusive rights to:rights to:1. Reproduce the work 1. Reproduce the work

2. Create a derivative work2. Create a derivative work3. Distribute the work 3. Distribute the work (including the Internet & WWW)(including the Internet & WWW)

4. Perform the work publicly 4. Perform the work publicly (including the Internet & (including the Internet & WWW)WWW)

5. Display the work publicly 5. Display the work publicly (including the Internet & (including the Internet & WWW)WWW)

Copyright InfringementCopyright Infringement Willful infringers face fines of up to $250,000

per violation. They also face up to 5 years in federal prison. They are also liable for civil lawsuits. Realistically though, few people are charged

under these laws. Most copyright violation cases are civil actions

that are typically settled out of court. But, remember, the infringer is primarily

liable, NOT the school!

TechnologyTechnology Technology makes it easy to violate Technology makes it easy to violate

copyrightscopyrights But,……But,…… Technology also makes it easier to Technology also makes it easier to

detect copyright infringementsdetect copyright infringements Network logsNetwork logs Forwarding of attachmentsForwarding of attachments ““Digital Fingerprints”Digital Fingerprints” Copyright Infringement Bounty HuntersCopyright Infringement Bounty Hunters Disgruntled employees, students, Disgruntled employees, students,

colleagues colleagues

ExampleExample

The following slides show a typical The following slides show a typical copyright infringement notification copyright infringement notification that the College receives when there that the College receives when there is evidence of a copyright is evidence of a copyright infringement on its network.infringement on its network.

Illegal File SharingIllegal File SharingDear Sir or Madam:Dear Sir or Madam:

BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount Pictures Corporation ("Paramount") has authorized BayTSP to act as its Pictures Corporation ("Paramount") has authorized BayTSP to act as its agent for copyright infringement notification. BayTSP's search of the agent for copyright infringement notification. BayTSP's search of the protocol listed below has detected infringements of Paramount's copyright protocol listed below has detected infringements of Paramount's copyright interests on your IP addresses as detailed in the attached report. interests on your IP addresses as detailed in the attached report.

BayTSP has reasonable good faith belief that use for the material in the manner BayTSP has reasonable good faith belief that use for the material in the manner complained of in the attached report is not authorized by Paramount, its complained of in the attached report is not authorized by Paramount, its agents, or the law. The information provided herein is accurate to the best of agents, or the law. The information provided herein is accurate to the best of our knowledge. Therefore, this letter is an official notification under our knowledge. Therefore, this letter is an official notification under provisions of section 512(a) of the U.S. Digital Millennium Copyright Act to provisions of section 512(a) of the U.S. Digital Millennium Copyright Act to effect removal of the detected infringement listed in the attached report. effect removal of the detected infringement listed in the attached report. The attached documentation specifies the exact location of the The attached documentation specifies the exact location of the infringement. The Notice ID identifies the copyrighted works by file infringement. The Notice ID identifies the copyrighted works by file identification number. identification number.

We hereby request that you immediately remove or block access to the We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others Paramount's materials in the refrains from using or sharing with others Paramount's materials in the future.future.

Please send us a prompt response indicating the actions you have taken to Please send us a prompt response indicating the actions you have taken to resolve this matter. Please reference the Notice ID number above in your resolve this matter. Please reference the Notice ID number above in your response.response.

Illegal File SharingIllegal File SharingInfringed Work: Sum Of All Fears, TheInfringed Work: Sum Of All Fears, TheInfringing FileName: THE SUM OF ALL FEARS(2of2).aviInfringing FileName: THE SUM OF ALL FEARS(2of2).aviInfringing FileSize: 159064064Infringing FileSize: 159064064Protocol: GnutellaProtocol: GnutellaInfringers IP Address: 65.167.152.117Infringers IP Address: 65.167.152.117Infringer's User Name: NoneInfringer's User Name: NoneInitial Infringement Timestamp: 15 Jan 2004 10:56:19 Initial Infringement Timestamp: 15 Jan 2004 10:56:19

GMT Recent Infringement Timestamp: 15 Jan 2004 GMT Recent Infringement Timestamp: 15 Jan 2004 10:56:19 GMT Infringement DNS Name: 10:56:19 GMT Infringement DNS Name: 65.167.152.117 <?xml version="1.0" encoding="iso-65.167.152.117 <?xml version="1.0" encoding="iso-8859-1"?> <Infringement 8859-1"?> <Infringement xmlns:xsi="http://www.w3.org/2001/XMLSchema-xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" instance" xsi:noNamespaceSchemaLocation="http://mpto.unistuxsi:noNamespaceSchemaLocation="http://mpto.unistudios.com/xml/Infringement_schema.xsd">dios.com/xml/Infringement_schema.xsd">

Illegal File SharingIllegal File Sharing

The RIAA has filed more than 18,200 The RIAA has filed more than 18,200 copyright infringement cases across the copyright infringement cases across the country on behalf of record companies. country on behalf of record companies.

Average settlement is $3,000Average settlement is $3,000 Family owes $4,080 for music downloadsFamily owes $4,080 for music downloads Illegal downloads don't pose ethical Illegal downloads don't pose ethical

problem for college studentsproblem for college students Sinking a music pirate Sinking a music pirate

Public DomainPublic Domain

Anything created by the federal Anything created by the federal government is in the public domain.government is in the public domain.

This is not necessarily true for This is not necessarily true for materials created by state or local materials created by state or local governments.governments.

After a long time period, copyrighted After a long time period, copyrighted materials fall into the public domain.materials fall into the public domain.

The World Wide Web is NOT in the The World Wide Web is NOT in the public domain for copyright purposes.public domain for copyright purposes.

Works in the Public DomainWorks in the Public Domain

Works published before January 1, 1923. Works published before January 1, 1923. Works published between 1923 and 1978 Works published between 1923 and 1978

that did not contain a valid copyright that did not contain a valid copyright notice. notice.

Works published between 1923 and 1978 Works published between 1923 and 1978 for which the copyright was not renewed. for which the copyright was not renewed.

Works authored by employees of the Works authored by employees of the federal government. federal government.

Works that the copyright owner has freely Works that the copyright owner has freely granted to the public domain. granted to the public domain.

Copyright Web SitesCopyright Web Sites U.S. Copyright OfficeU.S. Copyright Office

http://lcweb.loc.gov/copyrighthttp://lcweb.loc.gov/copyright Cornell University Copyright Term and the Public Cornell University Copyright Term and the Public

Domain in the United StatesDomain in the United States http://www.copyright.cornell.edu/training/Hirhttp://www.copyright.cornell.edu/training/Hir

tle_Public_Domain.htmtle_Public_Domain.htm A Teacher's Guide to Fair Use and CopyrightA Teacher's Guide to Fair Use and Copyright

http://home.earthlink.net/~cnew/research.hthttp://home.earthlink.net/~cnew/research.ht

mm

Off-Air Television Program RecordingOff-Air Television Program Recording

Programs can only be recorded if they Programs can only be recorded if they are simultaneously transmitted over the are simultaneously transmitted over the airwavesairwaves Capital region – Channels 6, 10, 13, 23, 45, Capital region – Channels 6, 10, 13, 23, 45,

1717 Subscription cable or satellite programs Subscription cable or satellite programs

cannot be recorded without permissioncannot be recorded without permission Some programs allow for more flexible Some programs allow for more flexible

recording for educational userecording for educational use Private individuals have more rights Private individuals have more rights

regarding off-air recording – “Time Shifting”regarding off-air recording – “Time Shifting”

Off-Air Television Program RecordingOff-Air Television Program Recording

Recorded programs can be retained for only 45 Recorded programs can be retained for only 45 daysdays

Recorded programs can be shown to a class Recorded programs can be shown to a class within the first 10 days of the 45 day periodwithin the first 10 days of the 45 day period

Recorded programs can be shown a second Recorded programs can be shown a second time to the class for reinforcementtime to the class for reinforcement

After 10 days, the recorded program may be After 10 days, the recorded program may be viewed by the teacher for review and evaluationviewed by the teacher for review and evaluation

After 45 days, the recorded program must be After 45 days, the recorded program must be erased or destroyed – PBS exampleerased or destroyed – PBS example

Off-Air Television Program RecordingOff-Air Television Program Recording

The recordings cannot be altered in any wayThe recordings cannot be altered in any way No closed captioning can be addedNo closed captioning can be added No translations can be addedNo translations can be added No anthologies or compilations of clips of No anthologies or compilations of clips of

programs or movies can be createdprograms or movies can be created Duplicate copies can be made if several Duplicate copies can be made if several

professors/instructors request the same professors/instructors request the same program to be recordedprogram to be recorded

All copies must include the copyright notice All copies must include the copyright notice from the broadcast program.from the broadcast program.

Requests for videotaping must be made by Requests for videotaping must be made by the professor/instructorthe professor/instructor

Educational institutions are expected to Educational institutions are expected to establish policies and procedures based on establish policies and procedures based on these rulesthese rules

Public Performance RightsPublic Performance Rights In order to show a video or DVD in a In order to show a video or DVD in a

public setting, you must rent or public setting, you must rent or purchase a “Public Performance Rights” purchase a “Public Performance Rights” version.version. Showing movies in St. Joseph AuditoriumShowing movies in St. Joseph Auditorium Showing movies in the Lally ForumShowing movies in the Lally Forum Any movie showing that is open to the Any movie showing that is open to the

campus community or the general public.campus community or the general public. Any movie showing for entertainment, Any movie showing for entertainment,

socialization or reward.socialization or reward. Swank Motion Pictures, Inc.Swank Motion Pictures, Inc.

http://www.swank.com/http://www.swank.com/

Fair UseFair Use

Fair use or Section 107 of the Fair use or Section 107 of the Copyright Act allows reproduction Copyright Act allows reproduction and other uses of copyrighted works and other uses of copyrighted works for purposes such as criticism, for purposes such as criticism, comment, news reporting, teaching, comment, news reporting, teaching, scholarship, and research. scholarship, and research.

Fair UseFair Use

Copyright is the right to exclude, not to Copyright is the right to exclude, not to publish publish

Uses that advance public interests Uses that advance public interests such as criticism, education or such as criticism, education or scholarship are favored by the courtsscholarship are favored by the courts

It is difficult to define fair and It is difficult to define fair and reasonablereasonable

In education, most aspects of Fair Use In education, most aspects of Fair Use are limited to face-to-face instruction are limited to face-to-face instruction in the classroom.in the classroom.

Fair Use Four Rule FactorFair Use Four Rule Factor1.1. The purpose and character of the use, including whether The purpose and character of the use, including whether

such use is of a commercial nature or is for nonprofit such use is of a commercial nature or is for nonprofit educational purposes.*educational purposes.*

2.2. The nature of the copyright work.The nature of the copyright work.

a)a) Creative versus factual – Creative works are more protectedCreative versus factual – Creative works are more protected

b)b) Published versus unpublished – Unpublished works are more Published versus unpublished – Unpublished works are more

protectedprotected

3.3. The amount and substantiality of the portion used in The amount and substantiality of the portion used in

relation to the copyrighted work as a whole.relation to the copyrighted work as a whole.

4.4. The effect of the use upon the potential market of or The effect of the use upon the potential market of or

value of the copyrighted work. **value of the copyrighted work. **

* Just because it’s educational doesn’t necessarily mean that it’s Fair Use.* Just because it’s educational doesn’t necessarily mean that it’s Fair Use.

** You can’t use Fair Use as excuse to save money ** You can’t use Fair Use as excuse to save money

Educational use alone is not Educational use alone is not enough to constitute Fair Use.enough to constitute Fair Use.

BrevityBrevity SpontaneitySpontaneity Cumulative EffectCumulative Effect Copying Shall Not:Copying Shall Not:

Substitute for the purchase of books, etc.Substitute for the purchase of books, etc. Be directed by higher authorityBe directed by higher authority Be repeated with respect to the same item by the Be repeated with respect to the same item by the

same teacher from semester to semester.same teacher from semester to semester. Include workbooks, worksheets, test blanks or Include workbooks, worksheets, test blanks or

other consumables without permission of the other consumables without permission of the copyright owner.copyright owner.

Fair Use - BrevityFair Use - BrevityText Material Text Material Up to 10% or 1000 words, whichever Up to 10% or 1000 words, whichever

is lessis less

Music, LyricsMusic, Lyrics Up to 10%, but no more than 30 Up to 10%, but no more than 30 seconds. seconds.

Motion Media Motion Media Up to 10% or 3 minutes, whichever Up to 10% or 3 minutes, whichever is less. is less.

Illustrations, Illustrations, Photographs Photographs

No more than 5 images from an No more than 5 images from an artist/photographer, or no more than artist/photographer, or no more than 10% or 15 images from a published 10% or 15 images from a published collective work. collective work.

Numerical Data Numerical Data Sets (e.g. Sets (e.g. databases) databases)

Up to 10% or 2,500 fields, whichever Up to 10% or 2,500 fields, whichever is less. is less.

Fair Use - SpontaneityFair Use - Spontaneity Copying may be permissible if there is not Copying may be permissible if there is not

enough time to obtain permissionenough time to obtain permission The same copyrighted materials cannot be The same copyrighted materials cannot be

used year to year or semester to semesterused year to year or semester to semester The use of copyrighted material must be at The use of copyrighted material must be at

the inspiration of the individualthe inspiration of the individual Department chairs, principals or other Department chairs, principals or other

individuals cannot direct the copyingindividuals cannot direct the copying Copying cannot be done in anticipation of a Copying cannot be done in anticipation of a

possible need possible need http://www.xanedu.comhttp://www.xanedu.com

Seeking PermissionSeeking Permission

You need to get permission from the actual You need to get permission from the actual copyright owner.copyright owner.

This may not necessarily be the author, This may not necessarily be the author, artist or creator or the work.artist or creator or the work.

You should document this permission in You should document this permission in writing.writing.

If you ask permission but receive no If you ask permission but receive no response, this does not mean that you can response, this does not mean that you can use the material.use the material.

ITS, the Library or the Campus Store can ITS, the Library or the Campus Store can assist you in seeking permission.assist you in seeking permission.

Digital Millennium Copyright ActDigital Millennium Copyright ActDMCADMCA

Anti-circumvention of protected Anti-circumvention of protected copyrighted materials.copyrighted materials.

Addresses illegal sharing of music, Addresses illegal sharing of music, video or other computer files.video or other computer files.

Need to designate an agent to receive Need to designate an agent to receive notices from copyright owners notices from copyright owners alleging infringements. alleging infringements.

Policies to reduce both vicarious and Policies to reduce both vicarious and contributory liabilities.contributory liabilities.

The TEACH ACTThe TEACH ACT

Technology, Education and Copyright Technology, Education and Copyright Harmonization Act - 2002Harmonization Act - 2002

The TEACH Act expands Fair Use to The TEACH Act expands Fair Use to include distance learninginclude distance learning

In order to take advantage of the In order to take advantage of the TEACH Act, educators and their TEACH Act, educators and their institutions must abide by several institutions must abide by several rules.rules.

To take advantage of the TEACH Act:To take advantage of the TEACH Act: Must be an accredited nonprofit institutionMust be an accredited nonprofit institution Institution must have a copyright policy Institution must have a copyright policy Copyright information must be provided to Copyright information must be provided to

faculty, students and relevant staff membersfaculty, students and relevant staff members Students must be notified that materials used Students must be notified that materials used

in connection with the course may be subject in connection with the course may be subject to copyright protection to copyright protection

The transmission of content must be available The transmission of content must be available only to students registered for the course and only to students registered for the course and precautions must be taken to prevent the precautions must be taken to prevent the further dissemination of the contentfurther dissemination of the content

The copyrighted material should be available The copyrighted material should be available for only as long as necessary for the course.for only as long as necessary for the course.

The TEACH ACTThe TEACH ACT You cannot digitize (scan documents, You cannot digitize (scan documents,

convert VHS to DVD) copyrighted materials convert VHS to DVD) copyrighted materials unless you determine that no digital unless you determine that no digital version is available.version is available.

The copyrighted material must be legally The copyrighted material must be legally acquired before it is digitized.acquired before it is digitized.

The material must be similar to what would The material must be similar to what would be used in class for in-class use.be used in class for in-class use.

The material must be used at the The material must be used at the inspiration of the professor/teacher.inspiration of the professor/teacher.

Material intended for homework and out of Material intended for homework and out of class assignments should not be used.class assignments should not be used.

The World Wide Web is not public domain.The World Wide Web is not public domain. Link to WWW content rather than copy it.Link to WWW content rather than copy it.

The TEACH ACTThe TEACH ACT

Use Blackboard to post copyrighted Use Blackboard to post copyrighted materials as long as Fair Use materials as long as Fair Use guidelines are followed.guidelines are followed.

Do not allow guest access to your Do not allow guest access to your Blackboard courses.Blackboard courses.

Use streaming media technologies Use streaming media technologies along with Blackboard to use along with Blackboard to use copyrighted audio and/or video as copyrighted audio and/or video as long as Fair Use guidelines are long as Fair Use guidelines are followed.followed.

Family Entertainment and Family Entertainment and Copyright Act - 2005Copyright Act - 2005

Makes camcording in a theater a federal Makes camcording in a theater a federal felony felony

First-time violators can be sentenced to First-time violators can be sentenced to between three and five years in federal between three and five years in federal prisonprison

Violators can be fined up to $250,000 Violators can be fined up to $250,000 Copyright owners are wielding significant Copyright owners are wielding significant

lobbying pressure in Congresslobbying pressure in Congress

Eroding Fair Use RightsEroding Fair Use Rights

Copyright owners are wielding Copyright owners are wielding significant lobbying pressure in significant lobbying pressure in Congress Congress

Copyright owners are more Copyright owners are more aggressively protecting their aggressively protecting their copyrighted materialscopyrighted materials

Educators are not adequately voicing Educators are not adequately voicing their support for Fair Use rightstheir support for Fair Use rights

Questions

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