copyright, fair use & you susan beck, nmsu library [email protected] 575-646-5091 june 3, 2014
TRANSCRIPT
Copyright BasicsHow Does it Affect You?
• Copyright Basics• Protecting Your Work• Using Others Works• Alternatives & New Developments• Resources
Session Outline
U.S. Constitution—Article I, Section 8
[The Congress shall have power…] to promote the progress of science and useful arts, by securing for limited times to authors and
inventors the exclusive right to their respective writings and discoveries
Copyright Basics Copyright: The Balancing Act
Exclusive rights granted to copyright holders• Reproduce (copy) the Work • Make Derivative Works• Distribute, Sell, Rent and/or Lease Copies• Perform or Display the Work Publicly
Infringement• When any of the above is done without the
copyright holder’s permission and without a legal exception/exemption.
Copyright BasicsHow Does it Work?
Copyright Basics What Is and Is Not Protected?
• Literary works• Musical works• Dramatic works• Choreographic works• Motion pictures, other A.V.• Sound recordings• Architectural works• Visual art• Computer programs PROTECTED
• Facts • Common property
information such as calendars
• Symbols, slogans, names, etc.• Public Domain
U.S. Government worksU.S. works published before 1923Certain other 20th C. works[consult public domain timeline]
NOT PROTECTED
Term of Protection = LONGLife of author + 70 years or 120 years from creation
Determining copyright status = AMBIGUOUSSecured automatically, no longer need to register
Penalties for infringement = HIGH$750-$30K per work
Copyright BasicsOther Points of Reference
Copyright BasicsMaking Sense of All This
• What does this mean for my work?
• How do I know what I can use?
• How do I know when I need to ask?
• Who is there to help?
Protecting Your Work
• Your Research and/or Teaching Materials– intellectual property and work for hire
• Your Publications– SPARC Author’s Addendum– should you register your work?
Using Others WorksFair Use
“the fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” – Section 107, U.S. Copyright Law
Not all fair use is educational Not all educational use is fair
1. The Purpose and Character of the Use2. The Nature of the Copyrighted Work3. The Amount and Substantiality of the Portion
Used in Relation to the Whole4. The Effect of the Use Upon the Potential Market
for, or Value of, the Original Work
Using Others WorksFair Use: Four Factor Test
Recommendations for Online Teaching:
– Restrict access to only those students in the class and only for the duration of the course.
– Link to reading materials instead of creating digital copies. The Library can help.
– Prevent “downstream distribution” by informing students that class materials may be protected by copyright. The Library can help.
Using Others WorksFair Use Online
Using Others Works Seeking Permission
•Use copyright-compliant NMSU Library services—such as Reserves/Coursepacks•Consult “Copyright Essentials” Website (Seeking Permission tab)•Document your efforts and retain these records
Using Others Works Licenses
•Software, databases, music, video—is often licensed and subject to contract law.•A “fair use” under copyright can be a license violation.•Always check “terms of use.”
Alternatives & New Directions
• Sharing Creative WorksCreative Commons
• Sharing Teaching ResourcesOpen Courseware
• Retaining Your RightsSPARC Authors Addendum
• Sharing Federally Financed Research
NIH Public Access Policy
Fair Use or Infringement?
• Case #1 – posting a presentation that includes copyrighted materials
• Case #2 – student use of copyrighted material as part of a class assignment
• Case #3 – getting permission for publication
Resources @ NMSU
• NMSU Copyright Essentials guide: http://www.nmsu.edu/copyright
• Email help: [email protected]• NMSU General Counsel: Lisa Warren
Liz Ellis after July 1, 2014