Copyright Principles for Authors and Publishers

CCM 800Instructor: Lesley Ellen Harris, Copyrightlaws.com

SLA Click University Certificate in Copyright Management: Principles & Issues

1st offered in 2012

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In copyright, who do you identify with?

author librarian publisher

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© is all about…perspectives

AUTHOR PUBLISHER LIBRARIAN

CCM 800 is different than other CCM courses which focus on © and librarians.

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What is your perspective on…

• No copyright protection in ideas• Duration: life+70 (or life+50)• Voluntary registration• Using ©• Fair dealing/use• Licenses v assignments

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Author v librarian on registration

• Author: Helps protect my work and it gives me a reasonable proof that the work is mine and I hold the copyright.

• Librarian: I can search the registration to discover who I need to contact to obtain permission to use a copyrighting work. For older documents, searching for the registration helps to determine if the document copyright is still in effect.

Issues Discussed in CCM 800

• What’s protected– Most content

• How to protect– Do nothing, register, use ©

• Who owns a work– Author=first owner except in employment

• What are my rights– Reproduce, publish, adapt…

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Questions you can answer

• Can I incorporate the works of others• How does fair use apply to me• How do I license my work• How do I protect my works online

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Scenario: Can you include a graph in a publication?

• Issues to consider:– Who owns the graph?– Is it protected by copyright?– Can you locate the copyright owner?– Is there an alternative graph?– Can you summarize the graph?– Can you use part of the graph?– Can you create your own graph with the same

information?8

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Copyright v Contracts

• Rights are set out in the Copyright Act• Rights are negotiated by authors and

publishers in the marketplace– Cannot change duration of copyright– Can license or assign rights

• Contracts govern relationships in publishing– Most contracts are negotiable; learn to

negotiate

Should you use a ©?

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Case Study: Registration

• Both the eCO Online System and the PDF form (TX for literary works) are very straightforward. I was impressed in how intuitive the forms are and easy to understand. In addition, the Electronic Copyright Office does a great job providing detailed FAQs, tutorials, instructions, and processing times. They appear to provide all the answers to anticipated inquiries. I definitely would not hesitate to register any of my work, due to fear of legal terminology. - Andrea

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What are your tips for online protection?

• Use copyright symbol• Register works• DRM or lock printing, forwarding, etc.• Easy to get permission• Links to terms of use or online license (including

CC if applicable)• Black background• Periodically use search engine (contact ISP?)• Educate

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Policy for TP Content

• Our policy would be that the authors themselves would be responsible for securing the permissions, which would need to cover global rights and reproduction in multiple formats (e.g. print and electronic). Of course we would, to the extent possible, provide in-house support for our authors: both "how-to" guides, boilerplate permissions agreements, and staff guidance. There is an excellent opportunity here for some base-level copyright education for our authors.

• Gregg• What is your policy?

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Take it or leave it…(publisher to author)

• Meet in person• Ask to speak directly with lawyer to explain

situation• The best approach is to be open and

honest. If they will not negotiate, and you truly cannot live with that clause, then you will need to end your relationship with that publisher. - Marie

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What’s Next?

• Discussion list• Quiz opens• Digital Space remains open• 24 months to complete Certificate in

Copyright Management

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CCM Courses

• CCM 600 + 700 = San Diego + Dinner• June 20 U.S. Copyright Office visit

• CCM 201 Fall 2013

• 2014:• Jan – June ONLINE: CCM 100, 200, 300, 400, 500, 800• June IN-PERSON: CCM 600, 700 – Vancouver or DC

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Checklist/Blueprint for Managing Copyright