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Copyright A Lifecycle in Balance

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The Lifecycle

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Author

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Authors Copy Rights Reproduce in copies Prepare derivative works Distribute copies Perform the work Display the work Transmit the work digitally

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Author as User credit re-purpose mash respect copyright and/or use NIH guidelines, OA and Creative Commons

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Scholarly Publication Dissertation Grey literature Popular/trade literature & journalism Conference Proceedings Government documents Peer-reviewed journal

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Reader

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Reader as User Searches Printing/photocopying Downloads (licensed or fair use) Cites Re-purposes Engages works in the public domain

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Compiler

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Conscious and proactive creation of an anthology of copyrighted works Restrictions by license It becomes an anthology when it is distributed

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Teacher

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Distributes Guidelines (OCRA, course packs and local options) Fair Use tests Transformative vs. Derivative

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Fair Use Fair Use applies -- unless restricted by contractual/license agreements NB scanning not covered under Fair Use Typically -- E-Resource licenses Re-distribution, excessive downloads Four tests: Purpose, Amount, Nature, Effect

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Fair Use tests: Purpose (or character) Amount (small amount allowable ) Nature (fact or imaginative) Effect (on the market, either for purchased copies or royalties)

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Consider risk Up to $150,000 per infringement Plus attorneys fees

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Researcher

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Rules Fair Use Plagiarism Practice and Mythology

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Researchers Fair Use Credits others ideas and words Repurposes data, images, ideas Quotes, but always leaving a trail to the source

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Quotes Citation/credit for concepts and wording

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Practice and Mythology As long as its not commercial, I can do what I want. If its behind a firewall, its OK. I routinely post all my articles on my website. I share online articles within my lab and colleague teams. My information needs as a consultant are covered by Fair Use.

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Transformative Criticism Parody http://www.youtube.com/watch?v=pUPsf YJONrU (You Tube: Disney Copyright Law) http://www.youtube.com/watch?v=pUPsf YJONrU http://www.youtube.com/watch?v=pUPsf YJONrU

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Derivative Concept infringement e.g. Warner Bros. vs. RDR Books (Harry Potter Lexicon) or Hasbro vs. RJ Software (Scrabulous) Compilation Plagiarism

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Citizenship in the Scholarly Community

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Whats at Stake? Public Domain (Sonny Bono law) Orphan works Fair Use: Use it or lose it! (e.g. Google Books) Creative Commons/Knowing your rights Open Access (NIH/PubMed Central, Harvard) A generation of digital users and their culture

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Creative Commons Creative Commons defines the spectrum of possibilities between full copyright all rights reserved and the public domain no rights reserved. CC licenses help you keep your copyright while inviting certain uses of your work a some rights reserved copyright.

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search, download, cite, re-purpose, uses public domain Proactive creator of anthologies search, download Distributes, depends upon fair use search, download, cite, re- purpose, uses public domain

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Contact Us David_Stern@brown.edu David_Stern@brown.edu Edwin_Quist@brown.edu Edwin_Quist@brown.edu