copyright & distance education paul d. callister, jd, mslis director of the leon e. bloch law...

Copyright & Distance Copyright & Distance EducationEducation

Paul D. CallisterPaul D. Callister, JD, MSLIS, JD, MSLISDirector of the Leon E. Bloch Law Library & Director of the Leon E. Bloch Law Library &

Associate Professor of LawAssociate Professor of Law

Email Email [email protected]

© 2010, Paul D. Callister. © 2010, Paul D. Callister. This work is licensed under a Creative Commons Attribution-This work is licensed under a Creative Commons Attribution-NoDerivs 2.5 License. Attribution and licensing information for images and sound effects NoDerivs 2.5 License. Attribution and licensing information for images and sound effects follow this presentation.follow this presentation.

mailto:[email protected]

http://creativecommons.org/licenses/by-nd/2.5

THE FOLLOWING PRESENTATION IS THE FOLLOWING PRESENTATION IS FOR DISCUSIONAL PURPOSES FOR DISCUSIONAL PURPOSES ONLY AND SHOULD NOT BE ONLY AND SHOULD NOT BE CONSTRUED AS OR REPLACE THE CONSTRUED AS OR REPLACE THE NEED FOR OBTAINING LEGAL NEED FOR OBTAINING LEGAL ADVICE. YOU SHOULD CONSULT AN ADVICE. YOU SHOULD CONSULT AN ATTORNEY.ATTORNEY.

Basic FrameworkBasic Framework

• LicensingLicensing

• CopyrightCopyright

• DMCADMCA ©©

http://www.backupanydvd.com/

http://web.archive.org/web/20000511090057/www.kevinmitnick.com/home.html

The Basic Flow ChartThe Basic Flow Chart

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Is Use Is Use Prohibited Prohibited under a under a License?License?


TEACH Act, TEACH Act, Library, or Library, or Fair Use Fair Use

Exception ?Exception ?



Copyrightable Copyrightable & not in Public & not in Public

Domain?Domain?


Domain?Domain?

DMCADMCACircumvention?Circumvention?


StoStopp

StoStopp

Color Color KeyKey

LicenseLicenseCopyrightCopyright

DMCADMCAYesYesNoNo

Color Color KeyKey


DMCADMCAYesYesNoNo

GetGetPermission?Permission?


Is ProhibitionIs ProhibitionEnforceable?Enforceable?Is ProhibitionIs ProhibitionEnforceable?Enforceable?

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Work?Work?

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DMCADMCAException?Exception?




Can we post content from BNA service to Can we post content from BNA service to distance education course management site or distance education course management site or digital reserves?digital reserves?

From BNA Customer AgreementFrom BNA Customer Agreement



Can we post content from BNA service to Can we post content from BNA service to distance education course management site or distance education course management site or digital reserves?digital reserves?

From BNA User Agreement (incorporated by reference)From BNA User Agreement (incorporated by reference)

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Domain?Domain?


Domain?Domain?



StoStopp

StoStopp

Color Color KeyKey


DMCADMCAYesYesNoNo

Color Color KeyKey


DMCADMCAYesYesNoNo




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Work?Work?

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Can you “contract away” Can you “contract away” privileges given to users by privileges given to users by Copyright law?Copyright law?


Quote from dissent from Quote from dissent from another circuit. Dissent another circuit. Dissent criticized this interpretation.criticized this interpretation.

• Holding may be limited to reverse Holding may be limited to reverse engineering. engineering.

• What about non-software What about non-software situations? situations?

• Does it apply to traditional fair Does it apply to traditional fair use? use?

• What if work were in public What if work were in public domain or not copyrightable?domain or not copyrightable?

Applicable to MissouriApplicable to Missouri

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Domain?Domain?


Domain?Domain?



StoStopp

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DMCADMCAYesYesNoNo

Color Color KeyKey


DMCADMCAYesYesNoNo




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CopyrightCopyrightCopyrightCopyright§ 106 Exclusive Rights in § 106 Exclusive Rights in Copyrighted WorksCopyrighted Works

Subject to sections 107 through Subject to sections 107 through 122 through, the owner of 122 through, the owner of copyright under this title copyright under this title has the has the exclusive rightsexclusive rights to do and to to do and to authorize any of the following:authorize any of the following: (1) to (1) to reproducereproduce the copyrighted the copyrighted work in copies or phonorecords;work in copies or phonorecords; (2) to prepare (2) to prepare derivative works derivative works based upon the copyrighted work;based upon the copyrighted work; (3) to (3) to distribute distribute copies or copies or phonorecords of the copyrighted phonorecords of the copyrighted work to the public by sale or other work to the public by sale or other transfer of ownership, or by rental, transfer of ownership, or by rental, lease, or lending;lease, or lending;

A "derivative work" is a work based A "derivative work" is a work based upon one or more preexisting upon one or more preexisting works, such as a translation, works, such as a translation, musical arrangement, musical arrangement, dramatization, fictionalization, dramatization, fictionalization, motion picture version, sound motion picture version, sound recording, art reproduction, recording, art reproduction, abridgment, condensation, or any abridgment, condensation, or any other form in which a work may be other form in which a work may be recast, transformed, or adapted. recast, transformed, or adapted. 17 USC § 10117 USC § 101

http://www.flickr.com/photos/herzogbr/4708336985

http://www.flickr.com/photos/joeltelling/309321879

CopyrightCopyrightCopyrightCopyright§ 106 Exclusive Rights in § 106 Exclusive Rights in Copyrighted WorksCopyrighted Works

(4) in the case of (4) in the case of literary, musical, literary, musical, dramatic, and choreographic works, dramatic, and choreographic works, pantomimes, and motion pictures and pantomimes, and motion pictures and other audiovisual worksother audiovisual works, to , to performperform the the copyrighted work publicly;copyrighted work publicly; (5) in the case of (5) in the case of literary, musical, literary, musical, dramatic, and choreographic works, dramatic, and choreographic works, pantomimes, and pantomimes, and pictorial, graphic, or pictorial, graphic, or sculptural workssculptural works, including the individual , including the individual images of a motion picture or other images of a motion picture or other audiovisual workaudiovisual work, to , to displaydisplay the the copyrighted work publicly; andcopyrighted work publicly; and (6) in the case of (6) in the case of sound recordingssound recordings, to , to performperform the copyrighted work publicly by the copyrighted work publicly by means of a means of a digital audio transmissiondigital audio transmission..

““in a digital or other in a digital or other non-analog format.”non-analog format.”17 USCS § 10117 USCS § 101

http://www.flickr.com/photos/funka/1845176089

http://www.amazon.com/Thousand-Splendid-Suns-Khaled-Hosseini/dp/159448385X/ref=sr_1_1?ie=UTF8&s=books&qid=1281441777&sr=8-1

http://www.flickr.com/photos/labanex/2610247374

http://www.flickr.com/photos/rodrigomuller/4483351228

http://www.flickr.com/photos/rayparnova/2481762056

http://www.flickr.com/photos/drurydrama/4266958089

http://www.flickr.com/photos/brentdanley/2279902567

http://www.flickr.com/photos/chanc/1872171588

http://www.flickr.com/photos/steffe/205571786

Photo of “floating babies” not reproduced for Photo of “floating babies” not reproduced for online posting. online posting. SeeSee Gentieu v. Muller & Co., Gentieu v. Muller & Co., 712 F.Supp 740 (W.D. Mo. 1989) (“not 712 F.Supp 740 (W.D. Mo. 1989) (“not expanded on idea of photograph, . . . Limited expanded on idea of photograph, . . . Limited to copying . . . her work”); Getty. Gentieu v. to copying . . . her work”); Getty. Gentieu v. Tony Stone Images/Chicago Inc. et al, 255 F. Tony Stone Images/Chicago Inc. et al, 255 F. Supp. 2d 838 (N.D. Ill, 2003); Photo Lawyer, Supp. 2d 838 (N.D. Ill, 2003); Photo Lawyer, Gentieu Litigation Shows Brute Force of the Gentieu Litigation Shows Brute Force of the CourtsCourts, Feb 28, 2007, at , Feb 28, 2007, at http://nylawline.typepad.com/photolawyer/2007/02/gentieu_litigat.html


Domain?Domain?


Domain?Domain?

1991 1991 Umbrella Umbrella Project Project (Japan)(Japan)

• Has to be Has to be fixedfixed in a in a tangible medium of tangible medium of expressionexpression

• Expression not the ideaExpression not the idea• OriginalityOriginality (as in being (as in being

the originator) and the originator) and modicum of creativitymodicum of creativity, , not novelty (don’t have not novelty (don’t have to be first)to be first) SeeSee Hearn v. Meyer, 644 F.Supp. Hearn v. Meyer, 644 F.Supp.

832 (S.D.N.Y. 1987) 832 (S.D.N.Y. 1987) (Reproduction of Reproduction: (Reproduction of Reproduction: Mere insignificant variations in Mere insignificant variations in coloration not alleged to be coloration not alleged to be created intentionally, “mere created intentionally, “mere slavish copies” )….slavish copies” )….

Copyrightable?Copyrightable?

W.W. Denslow, Wizard of OzW.W. Denslow, Wizard of Oz

http://nylawline.typepad.com/photolawyer/2007/02/gentieu_litigat.html

http://nylawline.typepad.com/photolawyer/2007/02/gentieu_litigat.html

http://commons.wikimedia.org/wiki/File:Umbrella_Project1991_10_27.jpg

http://commons.wikimedia.org/wiki/File:Wizard_of_oz_5.jpg

Source: Peter B. Hirtle, Source: Peter B. Hirtle, Copyright Copyright Term and the Public Domain in the Term and the Public Domain in the United StatesUnited States, 1 January 2010, , 1 January 2010, available at available at http://www.copyright.cornell.edu/resources/publicdomain.cfm. Licensed under Creative . Licensed under Creative Commons License 3.0 at Commons License 3.0 at http://creativecommons.org/licenses/by-nc/3.0/..

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Domain?Domain?


Domain?Domain?

http://www.copyright.cornell.edu/resources/publicdomain.cfm

http://www.copyright.cornell.edu/resources/publicdomain.cfm

http://creativecommons.org/licenses/by-nc/3.0/

http://creativecommons.org/licenses/by-nc/3.0/

http://creativecommons.org/licenses/by-nc/3.0

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Fair Use, Fair Use, Teach Act, or Library Teach Act, or Library

Exemption?Exemption?




Domain?Domain?


Domain?Domain?



StoStopp

StoStopp

Color Color KeyKey


DMCADMCAYesYesNoNo

Color Color KeyKey


DMCADMCAYesYesNoNo




OrphaOrphan n

Work?Work?

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§ 110 & the TEACH Act§ 110 & the TEACH Act

(1) (1) performance or display performance or display of a work by of a work by instructors or pupils in the course of instructors or pupils in the course of face-to-face-to-face teaching activities face teaching activities of a nonprofit of a nonprofit educational institution, educational institution, in a classroom or in a classroom or similar place devoted to instructionsimilar place devoted to instruction, , unless, unless, in the case of a motion picture or other in the case of a motion picture or other audiovisual workaudiovisual work, the performance, or the , the performance, or the display of individual images, is given by display of individual images, is given by means of means of a copy that was not lawfully madea copy that was not lawfully made under this title, and that the person under this title, and that the person responsible for the performance knew or had responsible for the performance knew or had reason to believe was not lawfully made;reason to believe was not lawfully made;

In the classroom In the classroom – – Section (1) Section (1) [Non TEACH [Non TEACH ACT]ACT]

The following The following are notare not infringements of infringements of copyright:copyright:

http://www.flickr.com/photos/uniondocs/4679051417

http://www.flickr.com/photos/bizmac/1128597509






(2) . . . the performance of a (2) . . . the performance of a nondramatic nondramatic literary or musical workliterary or musical work

Over a Network Over a Network – – Section (2) Section (2) [TEACH ACT][TEACH ACT]

OROR reasonable and limited portions reasonable and limited portions of any other work,of any other work,

OROR displaydisplay of a work in an of a work in an amount amount comparable comparable to that which is typically to that which is typically displayed in the course of a live displayed in the course of a live classroom classroom session , . . . session , . . .

The following The following are notare not infringements of infringements of copyright:copyright:

Fundamentally there seem to Fundamentally there seem to be but two essential elements be but two essential elements for a for a dramaticdramatic composition: composition: (1) (1) that it relate a that it relate a storystory, and , and (2) (2) that it provide directions that it provide directions whereby a substantial portion whereby a substantial portion of the story may be visually or of the story may be visually or audibly audibly representedrepresented to an to an audience audience as as actually occurringactually occurring, , rather than merely being rather than merely being narratednarrated or described or described. .

1-2 Nimmer on Copyright § 2.06The key is The key is “actually “actually occurring” occurring” dialogdialog!!

http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=1-2+Nimmer+on+Copyright+%A7+2.06

http://www.flickr.com/photos/howiemuzika/3775810359






(A) the performance or display is made by, (A) the performance or display is made by, at the at the direction of, or under the actual direction of, or under the actual supervision of an instructorsupervision of an instructor as an as an integral integral part of a class sessionpart of a class session offered as a regular offered as a regular part of the systematic mediated part of the systematic mediated instructional activities of a governmental instructional activities of a governmental body or an accredited nonprofit educational body or an accredited nonprofit educational institution;institution;


The following The following are notare not infringements of copyright:infringements of copyright:

(B) the performance or display (B) the performance or display is directly is directly related and of material assistance related and of material assistance to the to the teaching content of the transmission;teaching content of the transmission;

http://www.flickr.com/photos/juska/303745986






(C) the transmission is made (C) the transmission is made solely forsolely for, , and, to the extent technologically and, to the extent technologically feasible, the reception of such feasible, the reception of such transmission is limited to--transmission is limited to-- (i) (i) students officially enrolled students officially enrolled in the in the course for which the transmission is course for which the transmission is made; ormade; or


(ii) (ii) officers or employees of officers or employees of governmental bodies governmental bodies as a part of their as a part of their official duties or employment; andofficial duties or employment; and

http://www.flickr.com/photos/uwa_studentservices/3724944155






(D) the (D) the transmitting body or institution transmitting body or institution ---- (i) (i) institutes policiesinstitutes policies regarding copyright, regarding copyright, provides informational materials provides informational materials to faculty, to faculty, students, and relevant staff members that students, and relevant staff members that accurately describe, and promote accurately describe, and promote compliance with, the laws of the United compliance with, the laws of the United States relating to copyright, States relating to copyright,


and and provides notice provides notice to students that to students that materials used in connection with the materials used in connection with the course may be subject to copyright course may be subject to copyright protection; andprotection; and

http://www.utsystem.edu/OGC/intellectualproperty/copypol.htm

http://libguides.library.umkc.edu/content.php?pid=31006&sid=226509






(ii) (ii) in the case of digital transmissions in the case of digital transmissions – – (I) (I) applies technological measures that applies technological measures that reasonably prevent-reasonably prevent--- (aa) (aa) retention of the work in accessible form by retention of the work in accessible form by recipients recipients of the transmission from the transmitting of the transmission from the transmitting body or institution body or institution for longer than the class sessionfor longer than the class session; ; andand


(bb) (bb) unauthorized further dissemination unauthorized further dissemination of the of the work in accessible form by such recipients to others; work in accessible form by such recipients to others; andand

(II) does (II) does notnot engage in conduct that could reasonably engage in conduct that could reasonably be expected to be expected to interfere with technological measures interfere with technological measures used by copyright owners to prevent such retention or used by copyright owners to prevent such retention or unauthorized further dissemination;unauthorized further dissemination;

http://www.flickr.com/photos/s_v_p/5869857/in/photostream

http://www.flickr.com/photos/scottwitt/3395318819/in/photostream





§ 112(f) & the TEACH Act§ 112(f) & the TEACH Act

(1) . . . (1) . . . it is not an infringement it is not an infringement of copyright for a of copyright for a governmental body or other nonprofit educational governmental body or other nonprofit educational institution entitled under section 110(2) institution entitled under section 110(2) •to transmit a performance or display to transmit a performance or display •to make copies or phonorecordsto make copies or phonorecordsof a work of a work that is in digital form that is in digital form •and, solely to the extent permitted in paragraph (2), and, solely to the extent permitted in paragraph (2), of a work that is in analog formof a work that is in analog form, embodying the , embodying the performance or display to be used for making performance or display to be used for making transmissions authorized under section 110(2), if--transmissions authorized under section 110(2), if--

Transitions and Copies of Digital Works – Transitions and Copies of Digital Works – Paragraph Paragraph (f)(1)(f)(1)






and, solely and, solely to the extent permitted in to the extent permitted in paragraph (2), of a work that is paragraph (2), of a work that is in analog formin analog form, , embodying the performance or display to be embodying the performance or display to be used for making transmissions authorized used for making transmissions authorized under section 110(2), if--under section 110(2), if-- (A) such copies or phonorecords are (A) such copies or phonorecords are retained and used solely by the body or retained and used solely by the body or institutioninstitution that made them, and that made them, and no further no further copies or phonorecords are reproducedcopies or phonorecords are reproduced from from them, except as authorized under section them, except as authorized under section 110(2); and110(2); and (B) such copies or phonorecords are (B) such copies or phonorecords are used used solely for transmissions solely for transmissions authorized under authorized under section 110(2).section 110(2).

Transitions and Copies of Digital Works – Transitions and Copies of Digital Works – Paragraph Paragraph (f)(1) [continued](f)(1) [continued]






(2) This subsection does (2) This subsection does not authorize the not authorize the conversion of print conversion of print or other or other analog analog versions of versions of works into digital formatsworks into digital formats, , exceptexcept that such that such conversion is permitted hereunder, only with conversion is permitted hereunder, only with respect to the amount of such works authorized to respect to the amount of such works authorized to be performed or displayed under section 110(2) be performed or displayed under section 110(2) [17 USCS § 110(2)], if--[17 USCS § 110(2)], if--

Transitions and Copies of Digital Works – Transitions and Copies of Digital Works – Paragraph Paragraph (f)(1) [continued](f)(1) [continued]

(A) (A) no digital version of the work is availableno digital version of the work is available to the institution; or to the institution; or

(B) the (B) the digital version of the work digital version of the work that is that is availableavailable to the institution is to the institution is subject to technological protection measures subject to technological protection measures that prevent its use for that prevent its use for section 110(2).section 110(2).

http://www.flickr.com/photos/data_op/2607667209

http://www.dvdcca.org/css





TEACH ActTEACH Act

Problem: Recording Problem: Recording StagecoachStagecoach

For example, if a history professor teaching For example, if a history professor teaching a digital distance course on the development a digital distance course on the development of the American West wished to show the of the American West wished to show the John Wayne movie John Wayne movie Stagecoach Stagecoach to her class, to her class, she would face several issues. she would face several issues.

Steven A. Armatas, Steven A. Armatas, Distance Learning and Distance Learning and Copyright: A Guide to Legal IssuesCopyright: A Guide to Legal Issues, p. 441 (ABA , p. 441 (ABA 2008)2008)

Photos omitted in online Photos omitted in online version.version.





TEACH ActTEACH Act


First, the professor could not legally digitize First, the professor could not legally digitize [a] VHS version to use unless, pursuant to [a] VHS version to use unless, pursuant to the TEACH Act, "no digital version of the the TEACH Act, "no digital version of the work was available to the institution." What work was available to the institution." What does this mean? does this mean? To what lengths must the To what lengths must the professor go to obtain the digital version? professor go to obtain the digital version?

• What if the local Blockbuster outlet does What if the local Blockbuster outlet does not have it? not have it?

• Must she visit every video store in town? Must she visit every video store in town? • If that fails, does she have to order it from If that fails, does she have to order it from

a distributor or movie studio? a distributor or movie studio? Steven A. Armatas, Steven A. Armatas, Distance Learning and Copyright: A Guide Distance Learning and Copyright: A Guide

to Legal Issuesto Legal Issues, p. 441 (ABA 2008), p. 441 (ABA 2008)

http://www.flickr.com/photos/thetruthabout/4504143616





TEACH ActTEACH Act


What if Stagecoach had never been released on DVD . . . ? What if Stagecoach had never been released on DVD . . . ?

Our instructor Our instructor could then use an analog copy (i.e., the videocassette could then use an analog copy (i.e., the videocassette version) version) and digitize it to show her class. and digitize it to show her class.

However, she would be permitted to However, she would be permitted to digitize only the reasonable digitize only the reasonable and limited portionand limited portion thereof she was allowed to transmit to her thereof she was allowed to transmit to her students. students. Steven A. Armatas, Steven A. Armatas, Distance Learning and Copyright: A Guide to Legal IssuesDistance Learning and Copyright: A Guide to Legal Issues , p. 441 (ABA , p. 441 (ABA 2008)2008)

http://www.flickr.com/photos/zimpenfish/2575639071

http://www.flickr.com/photos/bobbigmac/2543572829





TEACH ActTEACH Act


More problematic for the professor is what More problematic for the professor is what happens when the analog version is also happens when the analog version is also copyright-protected, such as by the use of copyright-protected, such as by the use of "Macrovision [ACP]?""Macrovision [ACP]?"

How can she make the necessary How can she make the necessary duplicate without violating the TEACH duplicate without violating the TEACH Act's prohibition on interfering with Act's prohibition on interfering with technological protective measures?technological protective measures?Steven A. Armatas, Steven A. Armatas, Distance Learning and Distance Learning and Copyright: A Guide to Legal IssuesCopyright: A Guide to Legal Issues, p. 441 (ABA , p. 441 (ABA 2008)2008)

Anatomy of a Murder Anatomy of a Murder © 1959© 1959

http://www.rovicorp.com/products/content_producers/protect/acp.htm?link_id=rightnav

http://commons.wikimedia.org/wiki/File:Film-Camera.png





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Fair UseFair Use

17 U.S. Code § 10717 U.S. Code § 107The fair use of a copyrighted work, The fair use of a copyrighted work, including such use by including such use by reproduction in copies . . . reproduction in copies . . . for for purposes purposes such as criticism, such as criticism, comment, news reporting, comment, news reporting, teaching teaching (including multiple copies (including multiple copies for for classroom useclassroom use), scholarship, or ), scholarship, or researchresearch, is not an infringement of , is not an infringement of copyright. In determining whether copyright. In determining whether the use made of a work in any the use made of a work in any particular case is a fair use the particular case is a fair use the factors to be considered shall factors to be considered shall include include – –


http://www.flickr.com/photos/ari/2403969230

http://www.flickr.com/photos/ricephotos/438502201





31

Fair UseFair Use

(1) the (1) the purpose and character of the purpose and character of the useuse, including whether such use is of , including whether such use is of a a commercial nature commercial nature or is for or is for nonprofit nonprofit educational purposeseducational purposes;;

The central purpose of this The central purpose of this inquiry is to determine whether inquiry is to determine whether and to what extent the new and to what extent the new work is "transformative." work is "transformative." Campbell, 510 U.S. at 579. A Campbell, 510 U.S. at 579. A work is "transformative" when work is "transformative" when the new work does not "merely the new work does not "merely supersede the objects of the supersede the objects of the original creation" but rather original creation" but rather "adds something new, with a "adds something new, with a further purpose or different further purpose or different character, altering the first with character, altering the first with new expression, meaning, or new expression, meaning, or message." Id.message." Id.

Perfect 10, Inc. v. Amazon.com, Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1164 (9th Cir. Inc., 508 F.3d 1146, 1164 (9th Cir. Cal. 2007)Cal. 2007)

(2) the (2) the nature of the copyrighted nature of the copyrighted workwork;; (3) the (3) the amount and substantialityamount and substantiality of of the portion used in relation to the the portion used in relation to the copyrighted work as a whole; andcopyrighted work as a whole; and (4) the (4) the effecteffect of the use upon the of the use upon the potential marketpotential market for or value of the for or value of the copyrighted work.copyrighted work.





32

Fair UseFair Use

(2) the (2) the nature of the copyrighted nature of the copyrighted workwork;; (3) the (3) the amount and substantialityamount and substantiality of of the portion used in relation to the the portion used in relation to the copyrighted work as a whole; andcopyrighted work as a whole; and (4) the (4) the effecteffect of the use upon the of the use upon the potential marketpotential market for or value of the for or value of the copyrighted work.copyrighted work.

http://www.flickr.com/photos/knowprose/1421419528

http://www.amazon.com/Cyberlaw-Problems-Jurisprudence-Information-American/dp/0314166874/ref=sr_1_2?ie=UTF8&s=books&qid=1281641093&sr=8-2





33

Fair Use, University Regulations & the Fair Use, University Regulations & the Guidelines for Classroom CopyingGuidelines for Classroom Copying

http://www.umsystem.edu/ums/departments/gc/rules/business/100/010.shtml


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Domain?Domain?


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http://www.backupanydvd.com/

DeCSSDeCSSDMCADMCACircumvention?Circumvention?


http://web.archive.org/web/20000229033637/http:/www.2600.com/index.html

(a)(1)(A)(a)(1)(A) No person shall No person shall circumventcircumvent a a technological measuretechnological measure that that effectively effectively controls accesscontrols access to a to a work protected under this title. work protected under this title. (2) No person shall manufacture, import, offer to the public, (2) No person shall manufacture, import, offer to the public, provideprovide, or , or otherwise traffic in any technology, product, otherwise traffic in any technology, product, serviceservice, device, component, , device, component, or part thereof, that--or part thereof, that-- (A) is primarily designed or produced for the purpose of (A) is primarily designed or produced for the purpose of circumventing a technological measure circumventing a technological measure that effectively controls access that effectively controls access to a work protected under this title . . . .to a work protected under this title . . . . (3) As used in this subsection--(3) As used in this subsection-- (A) to (A) to "circumvent a technological measure" "circumvent a technological measure" means means to descramble a to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner. . . .the authority of the copyright owner. . . .


DMCADMCACircumvention?Circumvention? 17 U.S. Code § 1201 – Circumvention 17 U.S. Code § 1201 – Circumvention

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Domain?Domain?


Domain?Domain?



StoStopp

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Color Color KeyKey


DMCADMCAYesYesNoNo

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http://www.copyright.gov/fedreg/2010/75fr43825.pdf

• applies to applies to professors at colleges an universities professors at colleges an universities (and only higher education) (and only higher education)

• applies to students, but only applies to students, but only film and media film and media studiesstudies

• short portions only (no definition given)short portions only (no definition given)• a new work must be created (eithera new work must be created (either

• Compilation of clipsCompilation of clips• Video incorporating clipsVideo incorporating clips• Clips from a copyrighted motion pictureClips from a copyrighted motion picture

• the the person engaging in the circumventionperson engaging in the circumvention must must reasonably believereasonably believe

• circumvention is necessary to fulfill circumvention is necessary to fulfill purpose of use (criticism and comment)purpose of use (criticism and comment)

• high quality (i.e., digital) copy ishigh quality (i.e., digital) copy is• a lower-resolution copy (such as a screen a lower-resolution copy (such as a screen

capture) is not an effective alternativecapture) is not an effective alternative

• only applies to motion pictures only applies to motion pictures and not other audio visual and not other audio visual works such as video games works such as video games and slide presentations.and slide presentations.

2010 Copyright Office 2010 Copyright Office Triennial Exceptions:Triennial Exceptions:



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Orphan worksOrphan worksFrom Wikipedia, the free encyclopediaFrom Wikipedia, the free encyclopedia

Jump to: Jump to: navigation, , search

An An orphan workorphan work is a is a copyright work where it is difficult or work where it is difficult or impossible to contact the impossible to contact the copyright holder. This situation can . This situation can arise for many reasons. The author could have never been arise for many reasons. The author could have never been publicly known because the work was published publicly known because the work was published anonymously or the work may have never been traditionally anonymously or the work may have never been traditionally published at all. The identity of the author could have been published at all. The identity of the author could have been once known but the information lost over time. Even if the once known but the information lost over time. Even if the author is known, it may not be possible to determine who author is known, it may not be possible to determine who inherited the copyright and presently owns it. Nearly any inherited the copyright and presently owns it. Nearly any work where a reasonable effort to locate the current work where a reasonable effort to locate the current copyright owner fails can be considered orphaned. However copyright owner fails can be considered orphaned. However the designation is often used loosely and in some the designation is often used loosely and in some jurisdictions there is no legal definition at all.jurisdictions there is no legal definition at all.

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http://en.wikipedia.org/wiki/Copyright_holder

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Copyright & Distance Education ResourcesCopyright & Distance Education Resources

• AALL Licensing Principles for Electronic Resources ,AALL Licensing Principles for Electronic Resources , http://www.aallnet.org/committee/reports/LicensingPrinciplesElecResouhttp://www.aallnet.org/committee/reports/LicensingPrinciplesElecResources.pdfrces.pdf

• ♦♦♦♦♦♦ Stephen A. Armatas, Stephen A. Armatas, Distance Learning and Copyright: A Guide to Distance Learning and Copyright: A Guide to Legal Issues Legal Issues (ABA 2008) (ABA 2008)

• ♦♦♦♦ Le Beau, Le Beau, UMKC LibGuides: Copyright , UMKC LibGuides: Copyright , http://libguides.library.umkc.edu/copyrighthttp://libguides.library.umkc.edu/copyright

• Copyright Clearance Center, Copyright Clearance Center, http://www.copyright.com/http://www.copyright.com/• Creative Commons Search, Creative Commons Search, http://search.creativecommons.org/http://search.creativecommons.org/ • Guidelines for Classroom Copying of Books and PeriodicalsGuidelines for Classroom Copying of Books and Periodicals, ,

http://www.utsystem.edu/ogc/intellectualproperty/clasguid.htmhttp://www.utsystem.edu/ogc/intellectualproperty/clasguid.htm• Guidelines for Educational Uses of MusicGuidelines for Educational Uses of Music, ,

http://www.utsystem.edu/ogc/intellectualproperty/musguid.htmhttp://www.utsystem.edu/ogc/intellectualproperty/musguid.htm

http://www.aallnet.org/committee/reports/LicensingPrinciplesElecResources.pdf

http://www.aallnet.org/committee/reports/LicensingPrinciplesElecResources.pdf

http://libguides.library.umkc.edu/copyright

http://www.copyright.com/

http://search.creativecommons.org/

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

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

Additional Copyright & Distance Education Additional Copyright & Distance Education ResourcesResources

• ♦♦ United States Copyright Office, United States Copyright Office, Reproduction of Copyrighted Works Reproduction of Copyrighted Works by Educators and Librariansby Educators and Librarians, http://www.copyright.gov/circs/circ21.pdf

• ♦♦ University of Missouri System, University of Missouri System, Collected Rules & Regulations,Collected Rules & Regulations, 100.010100.010 Use of Copyrighted Materials in Teaching and Research,Use of Copyrighted Materials in Teaching and Research, http://www.umsystem.edu/ums/departments/gc/rules/business/100/010.http://www.umsystem.edu/ums/departments/gc/rules/business/100/010.shtmlshtml

• ♦ ♦ University of Missouri System, Rules and Resources for Online University of Missouri System, Rules and Resources for Online Intellectual Property, Intellectual Property, http://www.umsystem.edu/ums/departments/is/ip/rules.shtmlhttp://www.umsystem.edu/ums/departments/is/ip/rules.shtml

• ♦♦♦♦ University of Texas, University of Texas, Crash Course in CopyrightCrash Course in Copyright , , http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htmhttp://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm

• Yale University Library, Yale University Library, Licensing Digital Information: A Resource for Licensing Digital Information: A Resource for LibrariansLibrarians, , http://www.library.yale.edu/%7Ellicense/http://www.library.yale.edu/%7Ellicense/

http://www.copyright.gov/circs/circ21.pdf



http://www.umsystem.edu/ums/departments/is/ip/rules.shtml

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

http://www.library.yale.edu/~llicense/

Attributions & LicensingAttributions & Licensing

Brian Herzog, Brian Herzog, Copying a DVD1Copying a DVD1

Click image to link to sourceClick image to link to sourceClick license icon for termsClick license icon for terms

Joel Telling, Joel Telling, for-rent-signfor-rent-sign

Book design by Amanda Dewy, Book design by Amanda Dewy, © 2007, all rights reserved © 2007, all rights reserved ATSS Publications ATSS Publications

Antonio Edward, Antonio Edward, Musical+notesMusical+notes

FunKa-Lerele, FunKa-Lerele, HamletHamlet,,

Ramon, Ramon, Ballet Nacio de Cuba Ballet Nacio de Cuba

Len Radin, Len Radin, Emily as Mime in Emily as Mime in “Check Please”“Check Please”

Rodrigo Müller, Rodrigo Müller, make some icon make some icon every day #308 every day #308

Brent Danley, Brent Danley, Picture in Picture in PicturePicture

Travis Nep Smith, Travis Nep Smith, Man Man With a Skull Tattoo BackWith a Skull Tattoo Back

Christopher Chan, Christopher Chan, Sculpture by Sculpture by the Sea 2007the Sea 2007

http://www.flickr.com/photos/herzogbr/4708336985

http://www.flickr.com/photos/joeltelling/309321879

http://creativecommons.org/licenses/by-nc-sa/2.0/deed.en

http://creativecommons.org/licenses/by-sa/2.0/deed.en

http://www.amazon.com/Thousand-Splendid-Suns-Khaled-Hosseini/dp/159448385X/ref=sr_1_1?ie=UTF8&s=books&qid=1281441777&sr=8-1

http://www.flickr.com/photos/labanex/2610247374

http://www.flickr.com/photos/funka/1845176089

http://creativecommons.org/licenses/by-nc-nd/2.0/deed.en


http://www.flickr.com/photos/rayparnova/2481762056

http://www.flickr.com/photos/rodrigomuller/4483351228

http://www.flickr.com/photos/drurydrama/4266958089



http://www.flickr.com/photos/brentdanley/2279902567

http://www.flickr.com/photos/chanc/1872171588


http://creativecommons.org/licenses/by-nc/2.0/deed.en


Attributions & LicensingAttributions & LicensingClick image to link to sourceClick image to link to sourceClick license icon for termsClick license icon for terms

Dddeco, Dddeco, 1991 Umbrella Project 1991 Umbrella Project (Japan) (Japan)

Source: Source: Electronic Text Center, University of Virginia Library

W.W. Denslow, W.W. Denslow, Wizard of OzWizard of Oz (1900) (1900) (in public domain)(in public domain)

Uniondocs, Uniondocs, 6/6 Florida Experimental 6/6 Florida Experimental Film/Video Festival: Spacey SpaceFilm/Video Festival: Spacey Space

Bizmac, Bizmac, FBI Anti-Piracy Warning!FBI Anti-Piracy Warning!

Juska Wendland, Juska Wendland, Project 365, Project 365, day 40 – 22.11.2006day 40 – 22.11.2006

uwa_studentservices, uwa_studentservices, Mid-year Mid-year enrolments 2009enrolments 2009

Lynda Giddens, Lynda Giddens, Kitchen Timer Kitchen Timer

Scott Witt, Scott Witt, electronic safeelectronic safe

Okko Pyykkö, Okko Pyykkö, Day 174Day 174

Colin, Colin, blockbuster videoblockbuster video

Zimperfish, Zimperfish, Video cassetteVideo cassette

Howie Muzika, San Diego Comic- Con 2009 MASQUERADE

http://etext.lib.virginia.edu/toc/modeng/public/BauWiza.html

http://etext.lib.virginia.edu/toc/modeng/public/BauWiza.html

http://commons.wikimedia.org/wiki/File:Umbrella_Project1991_10_27.jpg

http://commons.wikimedia.org/wiki/File:Wizard_of_oz_5.jpg



http://www.flickr.com/photos/bizmac/1128597509


http://creativecommons.org/licenses/by/2.0/deed.en

http://www.flickr.com/photos/juska/303745986


http://www.flickr.com/photos/uwa_studentservices/3724944155


http://www.flickr.com/photos/s_v_p/5869857/in/photostream

http://www.flickr.com/photos/scottwitt/3395318819/in/photostream


http://www.flickr.com/photos/data_op/2607667209



http://www.flickr.com/photos/thetruthabout/4504143616


http://www.flickr.com/photos/zimpenfish/2575639071

http://creativecommons.org/licenses/by/2.0/deed.en

http://www.flickr.com/photos/howiemuzika/3775810359


Attributions & LicensingAttributions & LicensingClick image to link to sourceClick image to link to sourceClick license icon for termsClick license icon for terms

Rob Davies, Rob Davies, CDs DVDs on White CDs DVDs on White BackgroundBackground

Steve Rhodes,Steve Rhodes, Fox News “reporter” Fox News “reporter” – San Francisco Olympic Torch– San Francisco Olympic Torch

IRRI Images, IRRI Images, Irri LibraryIrri Library

Taran Rampersad, Taran Rampersad, Scale of Scale of JusticeJustice

Based upon book image for Patricia L. Based upon book image for Patricia L. Bella, Paul Schiff Berman, & David G. Bella, Paul Schiff Berman, & David G. Post Post Cyberlaw: Problems of Policy and Cyberlaw: Problems of Policy and Jurisprudence in the Information Age Jurisprudence in the Information Age (2006)(2006)

Sound EffectsSound Effects• Bikebell2.wav, by RoofDog, by RoofDog

• buzzer1.wav, by , by www.wyomingwebdesign.com (free sounds)www.wyomingwebdesign.com (free sounds)

• MouthPop.wav, by HerbertBoland, by HerbertBoland

• bank_stamp_2.wav, by Robinhood76, by Robinhood76

• typewriter.wav, by Horn , by Horn

http://www.freesound.org/samplesViewSingle.php?id=78970

http://www.wyomingwebdesign.com/files/sound_files/html/buzzer1.html




http://www.flickr.com/photos/bobbigmac/2543572829


http://www.flickr.com/photos/ari/2403969230


http://www.flickr.com/photos/ricephotos/438502201


http://www.flickr.com/photos/knowprose/1421419528


http://www.amazon.com/Cyberlaw-Problems-Jurisprudence-Information-American/dp/0314166874/ref=sr_1_2?ie=UTF8&s=books&qid=1281641093&sr=8-2

Screenshots and Images Produced by this AuthorScreenshots and Images Produced by this AuthorClick image to link to sourceClick image to link to source

Screen shot originally taken from Screen shot originally taken from web site of backupanydvd.com, web site of backupanydvd.com, which has since changed.which has since changed.

Screen shot from Screen shot from web.archive.org (Nov. 5, web.archive.org (Nov. 5, 2000).2000).

Screenshot of iTunes Screenshot of iTunes license from PDF license from PDF document (Aug. 11, 2010).document (Aug. 11, 2010).

Screen shots from Screen shots from University of Missouri University of Missouri System Collected Rules System Collected Rules and Regulationsand Regulations

Screenshot from Screenshot from www.2600.com via www.2600.com via web.archive.org (Feb. web.archive.org (Feb. 29, 2000) 29, 2000)

The EndThe End

copyright & distance education paul d. callister, jd, mslis director of the leon e. bloch law...

Documents

fair use exception

public domain

traditional fair use

reference slide

missouri slide

prohibition enforceable

basic flow chart slide

bna service