©OPYRIGHT Reality for Academe

Donna L. Ferullo, J.D.Director, University Copyright OfficePurdue Universityferullo@purdue.edu

Donna L. FerulloUniversity Copyright Office

August 2, 2006 BCCE 2

Agenda

Copyright basics Copyright exemptions Making it work Copyright landscape

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COPYRIGHTWhat is it?

Copyright Law -Title 17, United States Code 1976 Act

Purpose

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Copyright Requirements Must be an original work Must be fixed in a tangible medium

of expression

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Copyrightable Works

Literary, musical and dramatic works Pantomimes and choreographic works Pictorial, graphic and sculptural works Sound recordings Motion pictures and other AV works Computer programs Compilations of works and derivative

works Architectural works

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What is not copyrightable

Ideas, procedures, methods, systems, processes

Titles, names, short phrases, slogans Facts, news, research Works in the public domain

Works created by US government employees

Works with expired copyrights

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Copyright Owner’s Exclusive Rights

Reproduction Distribution Public performance Public display Derivative works Sound recordings

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Divisible Rights – Contracts/Licenses

Negotiate Understand all terms Legally binding

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Copyright Duration

Works created on or after 1/1/78 Life of author plus 70 years Corporate author – the shorter of 95 years from publication or 120 years from creation

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Copyright Exemptions

§107 - Fair Use Doctrine §108 – Reproduction by Libraries &

Archives §109 – First Sale Doctrine §110 – Education Exemptions

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Fair Use DoctrineFour Factor Analysis

Purpose and character Nature of work Amount of work Market effectNOTE: Fair use is technologically

neutral

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First Factor: Purpose & Character

Nonprofit Educational Personal Teaching Research Scholarship Criticism Commentary News reporting

Commercial use Entertainment For profit

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Second Factor: Nature of work

Fact Published

Fiction Unpublished

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Third Factor: Amount

Small amount Amount used is

not significant to work

Large amount Amount used is

heart of work

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Fourth Factor: Market Effect

No major impact Licensing/

permissions unavailable

Limited/restricted access to work

User/institution owns legal copy

Major impact Licenses/

permissions available

Work is made available to world

Use is repeated or long term

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Education Exemptions 110(1) – Classroom or face-to-face

teaching 110(2) – TEACH – distance

education

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Education Exemptions

§110(1) – Face-to-face teaching All displays are allowed

Pictures, charts, graphs, still works All performances are allowed

Videos, readings from text or poetry

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TEACH Act Technology, Education and

Copyright Harmonization Act of 2002

Total revision of distance education exemption

Attempts to equalize distance education and classroom teaching

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The TEACH Act

§110(2) – Distance education- digital transmissions All displays are allowed but only

in an amount comparable to what is displayed in a live classroom setting.

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TEACH Act (cont.) Performances of the following are

allowed to be transmitted: non-dramatic literary or musical works

Readings from novels, poetry and textbooks

Pop music, symphonies Reasonable and limited portions of

other works Dramatic works Audiovisuals

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TEACH Act Requirements Institution Technology Instructor Materials

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Institution Requirements Accredited nonprofit educational

institution including K-12 Institute copyright policies Provide informational materials to

faculty, staff and students on copyright

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Technology Requirements Transmission limited to students

officially enrolled in the course Transmissions cannot be retained

longer than class session Transmission cannot be distributed

beyond officially enrolled students No material can remain on the system

longer than necessary to facilitate transmission.

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Instructor Requirements Performance (P) or display (D) must be made by, at

the direction of, or under actual supervision of instructor

P or D must be an integral part of class session which is offered as a regular part of systematic mediated instructional activities

P or D must be analogous to what takes place in a live classroom

P or D must be directly related to teaching content Instructor must use lawfully made and acquired

copy Instructor must provide notice to students that

materials may be subject to copyright protection

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Material Requirements Materials not eligible for exemption

Textbooks, course packs or other material in any media, copies, CD’s which are typically purchased by students for use in one or more class session

Works that are marketed primarily for education

Illegal works

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Materials (cont.) Analog works cannot be converted

into digital works unless No digital version is available Digital version is subject to

technological protections that are not covered by TEACH

Only the amount that is authorized under TEACH can be converted

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TEACH Exemption or ???? All requirements must be met

before exemption can be used. FAIR USE, FAIR USE, FAIR USE

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Break It Down

Determine status of work Copyrightable Copyrighted Public domain

Analyze rights and exemptions Apply exemptions Request permission from copyright

owner if exemptions do not apply (Request and permission should be in writing)

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Copyright Myths

Everything on the web can be used without permission

All educational use is fair use Publication did not have copyright

notice so it must be in the public domain

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Is it Legal??? Links Personal tapes for educational use Music in multimedia/PP presentation Coursepacks Copying work sheets – consumables Blogs

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The Cost of Copyright Infringement

Actual damages & profits Statutory damages $200 -

$150,000 Attorney’s fees and costs Injunction Impoundment Jail

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Copyright Landscape

Turnitin Orphan works Clean Flicks Google

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Copyright vs. Plagiarism Copyright – a

legal right that protects original works Federal law Legal penalties for

infringement Fair use

exemption

Plagiarism – passing off someone else’s work as one’s own Unethical but not

necessarily illegal Misappropriation of

someone else’s work

Lack of attribution

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Words of Wisdom Only use legally acquired copies Be aware of your audience – who

has access to the materials Free access does not equal free

use Negotiate licenses/permissions

carefully

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Copyright Resources Purdue University Copyright Office

http://www.lib.purdue.edu/uco United States Copyright Office

http://www.loc.gov/copyright/ Copyright Crash Course – University of Texas

http://www.utsystem.edu/OCG/IntellectualProperty/cprtindx.htm

Copyright Management Center – IU http://www.iupui.edu/~copyinfo/home.html

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Copyright Resources (cont’d)

U. of Maryland U. College www.umuc.edu/distance/odell/cip/

primer.html American Library Association

www.ala.org/work/copyright.html

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TEACH Resources Purdue University Copyright Office

http://www.lib.purdue.edu/uco University of Texas

http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm

TEACH Toolkit – North Carolina State University http://www.lib.ncsu.edu/scc/legislative/

teachkit/ American Library Association

http://www.ala.org/washoff/teach.html

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Question: ???

Answer: It depends…