Copyright Issues in Higher Education

Copyright Issues Copyright Issues in Higher in Higher EducationEducation

Joe HardenbrookJoe HardenbrookLibrary Instruction Coordinator, Research/Instruction Librarian Library Instruction Coordinator, Research/Instruction Librarian

& Educational Technologist, Millikin University& Educational Technologist, Millikin University

[email protected] [email protected]

Amanda PippittAmanda PippittLibrary Access Services Coordinator, Research/Instruction Library Access Services Coordinator, Research/Instruction

Librarian & Archivist, Millikin UniversityLibrarian & Archivist, Millikin University

[email protected] [email protected]

Copyright Issues in Higher Copyright Issues in Higher EdEd

Who handles copyright?Who handles copyright? Important laws and legislationImportant laws and legislation Scenarios involving copyrightScenarios involving copyright Resources for additional Resources for additional

investigationinvestigation

Copyright: Who’s in Copyright: Who’s in charge? charge?

Who handles copyright at your institution?Who handles copyright at your institution? Information Technology, Library, different Information Technology, Library, different

offices, no one?!?!offices, no one?!?! What policies do you have in place? On your What policies do you have in place? On your

website? website? How do you handle copyright permissions? How do you handle copyright permissions? How are faculty made aware of these How are faculty made aware of these

policies?policies? Does anyone monitor CMS for copyright Does anyone monitor CMS for copyright

infringements or violations?infringements or violations?

Copyright: What’s Copyright: What’s protected?protected?

Books

Articles

Ballets

Paintings

Sculpture

Architecture

Software

Websites

Pantomimes

Photographs

Music

Sound Recordings

Scribbles

Doodles

Graffiti

X Slogans

X Facts

X TitlesX Simple Phrases

X U.S. gov’t works

X Ideas

Source: Copyright Management Center. (2006). Copyright Quickguide. Indiana University-Purdue University at Indianapolis. Retrieved 7 September 2006, from http://www.copyright.iupui.edu/quickguide.htm.

X Names

X Domain Names

Movies

Plays

Laws & LegislationLaws & Legislation

Copyright mentioned in the constitutionCopyright mentioned in the constitution U.S. Copyright Act 1790, 1909, 1976U.S. Copyright Act 1790, 1909, 1976

Fair use (1976)Fair use (1976) Sonny Bono Copyright Term Extension Sonny Bono Copyright Term Extension

Act (1998)Act (1998) Digital Millennium Copyright Act (1998)Digital Millennium Copyright Act (1998) TEACH Act (2002) – Distance ed. issues TEACH Act (2002) – Distance ed. issues

What makes something What makes something copyrighted?copyrighted?

U.S. Copyright Act, Section 102(a):U.S. Copyright Act, Section 102(a):

Original work of authorshipOriginal work of authorship

Fixed in a tangible medium of expression Fixed in a tangible medium of expression now known or later developednow known or later developed

Source: U.S. Copyright Office (2006). Copyright Law of the United States and Related Laws Contained in Title

17 of the United States Code. Retrieved 7 September 2006, from http://www.copyright.gov/title17/.

When/How is something When/How is something copyrighted?copyrighted?

Automatic…when you create Automatic…when you create something original that is “fixed,” something original that is “fixed,” it’s copyrighted!it’s copyrighted!

Not required to register it with the Not required to register it with the Copyright Office.Copyright Office.

Don’t have to use the Don’t have to use the ©.©. Assume that almost every work is Assume that almost every work is

protected by copyright.protected by copyright.Source: Crews, K. (2000). Copyright Essentials for Librarians and Educators. Chicago: American Library Association.

How long is copyright?How long is copyright?

Generally, works today are life of Generally, works today are life of author + 70 years.author + 70 years.

Thanks, Sonny!Thanks, Sonny! When do works pass into the public When do works pass into the public

domain?domain? Flowchart of Copyright LengthFlowchart of Copyright Length

Fair UseFair Use

Section 107 of the U.S. Copyright ActSection 107 of the U.S. Copyright Act 4 Factors4 Factors

Purpose – non-profit, educational usePurpose – non-profit, educational use Nature – published work, factual, fictionNature – published work, factual, fiction Amount – small quantity, entire work Amount – small quantity, entire work

usedused Effect – significant effect on market? Effect – significant effect on market?

Repeated or long term use? Repeated or long term use?

Digital Millennium Copyright Digital Millennium Copyright ActAct

Controversial? Too focused on Controversial? Too focused on copyright holder?copyright holder?

““Anticircumvention” – illegal to Anticircumvention” – illegal to disrupt technological measures disrupt technological measures designed to protect copyright.designed to protect copyright.

Section 512 – Privacy Issues – Section 512 – Privacy Issues – copyright owners can file a copyright owners can file a subpoena against ISPs seeking subpoena against ISPs seeking identities of users.identities of users.

TEACH ActTEACH Act

Technology, Education and Copyright Technology, Education and Copyright Harmonization Act Harmonization Act

Guidelines on the transmission of digital Guidelines on the transmission of digital materials to distance ed studentsmaterials to distance ed students

Not as broad as “fair use”Not as broad as “fair use” Technological requirements – limited Technological requirements – limited

access, limited time, restricted access, limited time, restricted disseminationdissemination

Sample Checklist (No. Carolina St. Univ.)Sample Checklist (No. Carolina St. Univ.)

Scenario #1: QuestionScenario #1: Question

Professor Smith reads an article on Professor Smith reads an article on The Chronicle of Higher EducationThe Chronicle of Higher Education website about faculty salaries.website about faculty salaries.

She copies and pastes the article She copies and pastes the article into her e-mail and forwards to the into her e-mail and forwards to the entire faculty.entire faculty.

Copyright violation? Copyright violation?

Scenario #1: Answer…YesScenario #1: Answer…Yes

She copied the article and sent it out She copied the article and sent it out without copyright owner’s permission.without copyright owner’s permission.

Instead, send out small excerpt or a Instead, send out small excerpt or a link to the article.link to the article.

Or see if the institution has a site Or see if the institution has a site license with license with The ChronicleThe Chronicle..

Example: Example: http://chronicle.com/help/copyright.hthttp://chronicle.com/help/copyright.htm m


Student group on campus has a Student group on campus has a “Movie Night” and shows some “Movie Night” and shows some DVDs.DVDs.

Acceptable / Not Acceptable???Acceptable / Not Acceptable???

Scenario #2: Answer…Scenario #2: Answer…Need more infoNeed more info

Did the student group show a copy Did the student group show a copy of the movie with “public of the movie with “public performance rights”?…if so, then OK!performance rights”?…if so, then OK!

If not, copyright was violated.If not, copyright was violated. To qualify for “fair use” it must be in To qualify for “fair use” it must be in

a regularly scheduled class, no a regularly scheduled class, no admission charge, during class time, admission charge, during class time, with instructor & enrolled students with instructor & enrolled students ONLY.ONLY.


Professor Jones wants to post a Professor Jones wants to post a journal article in Blackboard.journal article in Blackboard.

Is this OK?Is this OK?

Scenario #3: Answer…It Scenario #3: Answer…It DependsDepends

Continued use may affect the marketContinued use may affect the market However, it’s being used for However, it’s being used for

educational purposes. Access educational purposes. Access restricted to students.restricted to students.

Alternative #1: use an electronic Alternative #1: use an electronic reserve system if available.reserve system if available.

Alternative #2: Library’s databases Alternative #2: Library’s databases may have access. Link to the may have access. Link to the persistent URL.persistent URL.

Source: Copyright Management Center. (2006). Common Scenarios of Fair Use Issues: Posting Materials on Course Management Systems. Indiana University-Purdue University at Indianapolis. Retrieved 7 September 2006, from http://www.copyright.iupui.edu/fuscenarios.htm.


Professor Smith goes to Professor Smith goes to Blockbuster to rent Blockbuster to rent Pride & Pride & PrejudicePrejudice to show in his English Lit to show in his English Lit class.class.

Is this a violation of copyright?Is this a violation of copyright?

Scenario #4: Answer…It’s Scenario #4: Answer…It’s OK!OK!

Why?Why?

Qualifies under Section 110 of the Qualifies under Section 110 of the U.S. Copyright Act – U.S. Copyright Act – face to face face to face teaching in the classroom, regularly scheduled teaching in the classroom, regularly scheduled class, only enrolled students, DVD was a lawful class, only enrolled students, DVD was a lawful copy, etc… copy, etc…

Source: Russell, C. (Ed.). (2004). Complete Copyright: An Everyday Guide for Librarians. Chicago: American Library Association.


Professor Jones is teaching a online Professor Jones is teaching a online class, “Media & Society,” using a class, “Media & Society,” using a CMS.CMS.

She wants to show a clip from the She wants to show a clip from the local television news about a local television news about a murder.murder.

Can she do this without violating Can she do this without violating copyright/TEACH Act?copyright/TEACH Act?

Scenario #5: Scenario #5: Answer….Hmm?Answer….Hmm? A short clip as opposed to the entire A short clip as opposed to the entire

broadcast tips it to fair use.broadcast tips it to fair use. It’s a factual news story, not a dramatic It’s a factual news story, not a dramatic

work…again, in favor of fair use.work…again, in favor of fair use. If the TV station offers copies for purchase, If the TV station offers copies for purchase,

this would be the preferred route.this would be the preferred route. Clip should only be displayed for a limited Clip should only be displayed for a limited

time, only to enrolled students. – TEACH Act.time, only to enrolled students. – TEACH Act. Converting analog to digital is OK—as long as Converting analog to digital is OK—as long as

no digital copy is available at the institution, no digital copy is available at the institution, and it it’s limited to the appropriate amount.and it it’s limited to the appropriate amount.


Student in your class finds an Student in your class finds an image on the Web that she wants image on the Web that she wants to use in a web design project. to use in a web design project.

The image is copyrighted, but she The image is copyrighted, but she manipulates it with Photoshop.manipulates it with Photoshop.

Is this a violation of copyright?Is this a violation of copyright?

Scenario #6: Answer…Scenario #6: Answer…Maybe?Maybe?

There are no explicit guidelines on There are no explicit guidelines on what types of changes she would what types of changes she would have to make to consider it have to make to consider it “original.”“original.”

People do this all the time.People do this all the time. Does that make it OK?Does that make it OK?

Source: Russell, C. (Ed.). (2004). Complete Copyright: An Everyday Guide for Librarians. Chicago: American Library Association.

ResourcesResources

United States Copyright OfficeUnited States Copyright Office http://www.copyright.gov/http://www.copyright.gov/

Copyright Clearance CenterCopyright Clearance Center http://www.copyright.com/http://www.copyright.com/

IUPUI Copyright Management CenterIUPUI Copyright Management Center http://www.copyright.iupui.edu/http://www.copyright.iupui.edu/

NCSU Scholarly Communication NCSU Scholarly Communication CenterCenter http://www.lib.ncsu.edu/scc/main.htmlhttp://www.lib.ncsu.edu/scc/main.html

Copyright Issues in Higher Copyright Issues in Higher EdEd

This presentation is not This presentation is not copyrighted and may be freely copyrighted and may be freely distributed with attribution given distributed with attribution given to the authors.to the authors.