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Copyright@CSUDH Marion Smith [email protected] CSUDH Copyright Agent CSU Dominguez Hills February 2011

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Page 1: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Copyright@CSUDH

Marion Smith

[email protected]

CSUDH Copyright Agent

CSU Dominguez Hills

February 2011

Page 2: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Copyright@CSUDH topics

Define copyrightDefine “fair use”Define plagiarismPeer-to-peer (P2P) file sharingCurrent topics in the Copyright OfficeCopyright issues in the news

Page 3: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Pre-test

You see a terrific editorial on the L.A. Times website. It’s a perfect resource for the Political Science 101 class you’re taking/teaching, so you copy it to your course paper/website.

This is “fair use”, isn’t it?

Page 4: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

What is copyright?

“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 & discoveries." Article I, Section 8, U.S. Constitution (1789)

The Copyright Act of 1976 is the primary basis of copyright law in the United States.

Issues introduced by the Internet are addressed in the Digital Millennium Copyright Act of 1998 (DMCA).

Page 5: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

What works are protected?

Copyright protects "original works of authorship" that are "fixed in any tangible medium of expression" (Section 102), e.g., books, photographs, movies, software, websites, music, sound recordings, architecture

Not protected:Facts, slogans, titlesWorks of the U.S. [not state] government

Page 6: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

So who’s the owner?

The creator, unless it’s a “work made for hire”: A work specially ordered or commissioned for a purpose listed in copyright law, if the parties agree in writing that it’s a work made for hire.

Page 7: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

What are my rights as copyright owner?ReproducePrepare derivative worksDistribute to the public *Publicly performPublicly display

* This is the issue with file-sharing.

Page 8: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

True or false? If it doesn’t have a copyright notice, it’s not copyrighted

False: Almost anything created privately and originally after April 1, 1989, is protected.

Always assume that a work is protected unless you know otherwise.

On the other hand, including a notice reminds everyone that your work is protected. Here’s a sample notice:

“© [dates] by [author/owner]”

Page 9: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

What about registration?

Required if you are going to seek a claim of violation

Register through the Copyright Office, http://www.copyright.gov/

Basic registration fee: $65 (or $35 if you file online)

Page 10: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Post test. My posting of the L.A. Times editorial [slide 3] was fair use.

Probably false: Be very careful about fair use. It’s a complicated doctrine that was dramatically altered following the advent of the Internet.

Page 11: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

What exactly is “fair use”?

Under the fair use doctrine of 1976, you can use limited portions of a work for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no specific rules about the number of words, the number of musical notes, or the percentage of a work.

But please note: Fair use is a legal defense, not a right.

Page 12: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

The four factors of fair use

1. The purpose and character of your use (called the “Transformative Factor”);

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion taken; and

4. The effect of the use upon the potential market.

Page 13: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

The Technology, Education and Copyright Harmonization (TEACH) Act of 2002

Copyright protected materials can be used in distance education—on websites and with other digital means—without permission from the copyright owner and without payment of royalties

For accredited, non-profit U.S. educational institutions

Page 14: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Required: instructor oversight

The instructor is ultimately responsible for their use of copyrighted works. The materials must serve educational pursuits and are not to be used as entertainment or for any other purpose.

Page 15: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

CSUDH Library’s eReserves

The University Library established eReserves in the Fall 2010 semester. Strict guidelines are posted on the library’s website, http://library.csudh.edu/services/reserves/ereserves/policies.shtml.

Page 16: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

What about plagiarism?

CopyrightThere can be a copyright infringement even if

the source is properly acknowledged.Is addressed in federal statutes and case law.

PlagiarismMay be grounds for federal legal action

because of the copyright infringement.In an academic environment, a violator can also

be subject to academic discipline.

Page 17: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Peer-to-peer (P2P) file sharing

A warning from the CSUDH Intelligence Community Center of Academic Excellence: “Illegal music downloads are viewed in the same manner as illegal drug use. Countless students have been denied employment and/or security clearances because of the illegal music stored on their iPods.”

Page 18: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Current Topics in the Copyright Office

Anti-Circumvention – Section 1201The “jailbreak” ruling

The Google Book SettlementOrphan Works – Section 108

Page 19: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

The “jailbreak” ruling

U.S. Copyright Office ruled on anti-circumvention in July 2010; “jailbreaking” was the piece of the ruling that made the news.

Jailbreaking an iPhone or other mobile device will no longer violate federal copyright law.

Page 20: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Anti-Circumvention – Section 1201; legal circumvention now also includes:

1. Short clips from DVDs where the circumvention is accomplished solely for incorporation of short portions of motion pictures into new works for the purpose of criticism or comment to meet the goals of fair use for: Educational uses by college and university

professors and by college and university film and media studies students;

Documentary filmmaking; Noncommercial videos.

Page 21: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

More Legal Circumvention

2. The jailbreak ruling.

3. Computer programs that enable used wireless telephone handsets to connect to a wireless telecommunications network with the permission of the network owner.

Page 22: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

More Legal Circumvention

4. Technological protection methods on computer-based video games, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities.

5. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete; and

Page 23: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

More Legal Circumvention

6. Literary works distributed in ebook format when all existing ebook editions of the work contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format.

Page 24: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Google Book Settlement

The Copyright Office is unhappy about the Google Book Settlement. See “Copyright Office No Fan of Google Settlement,” http://blogs.wsj.com/digits/2009/09/10/copyright-office-no-fan-of-google-books-settlement/?blog_id=100&post_id=6536, posted September 10, 2009.

Page 25: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Orphan Works – Section 108

Orphan works probably comprise the majority of the record of 20th century culture.

An orphan work is still presumably under copyright, but the copyright owner cannot be found.

Page 26: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

The Copyright Office recommendation…

That any use of an orphan work include attribution if at all possible; this reminds the user that the copyright owner might exist.

Should the use of the work be challenged, the user must prove that a reasonable search was performed—and stop using the work immediately (i.e., take it off a server).

Page 27: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

In the news…

China and U.S. softwareCSU Sacramento’s Ryan

Stevens NoteUtopia.com websiteShepard Fairey and the HOPE poster

Page 28: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

Online Resources

The Copyright Office, http://www.copyright.gov/

“The TEACH Act Finally Becomes Law,” http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm

Copyright Clearance Center (CCC), http://www.copyright.com

Page 29: Copyright@CSUDH Marion Smith msmith@csudh.edu CSUDH Copyright Agent CSU Dominguez Hills February 2011

CSU and CSUDH Resources

CSU Executive Order 999 - Illegal Electronic File Sharing and Protection of Electronic Copyrighted Material, http://www.calstate.edu/EO/EO-999.html

CSUDH Copyright Website, http://www.csudh.edu/copyright/

CSUDH Library Reserves and eReserves Portal, http://library.csudh.edu/services/reserves/