Jeremy Rowe jeremy.rowe@asu.edu

Copyright Planning Issues

Technology Empowers

Making users:

producers

publishers

distributors

Publishers and distributors are

increasingly vocal in legal, legislative and policy forums.

The major concerns are effect on potential markets and loss of control once materials are digitized.

There are few clear-cut answers.

Most decisions are made within a continuum.

Copyright Protects tangible works by giving the

creator exclusive right to publish, duplicate, display, and prepare derivative works and to determine when others may do so.

Trademark

A word, name, symbol, or device used by a manufacturer or merchant to identify and distinguish their goods from others.(active only while used and enforced)

Copyright

Purposes:

Protect intellectual property

Preserve market for author

Provide access for educational purposes

Technology makes copying easy, but

access does not imply permission.

The technologies change faster than the policy environment.

BackgroundInitial legislation of 19091976 RevisionSubsequent amendments 1980, 1983, 1988,

1992, 1995, 1996, 1998Berne Agreement signed in 1988 requires

only fixation, copyright notices are not required.

1998 Digital Millennium Copyright Act

Extends protection, delays "public domain" additions for 19 years

ISP provider protection

Strengthens copyright protection and management systems

Distance Education study

Protection of personal information

Boat hull protection

Copyright Protects

Literary works

Musical work

Dramatic works

Pantomimes and choreographic works

Pictorial, graphic, and sculptural works

Sound recordings

Rights Of The Copyright Holder Copy or reproduce Prepare derivative works (e.g., digitize

images) Distribute or market copies Public performance and display (e.g.,

electronic) Moral rights Can license (e.g., get permission for) some

or all of these rights

Public domain works: http://www.unc.edu/~unclng/public-d.htm

Creators often sign away rights to

publishers which require obtaining permission to duplicate, distribute, or post on WWW pages.

Using Materials Created By Others Component materials

Copyrightable material: ExpressionOriginalFixed in tangible medium

Notice and publication are no longer required

Moral rights: integrity and attribution

“Fair Use” Criteria

1. The purpose and character of the use.

2. Nature of the Copyrighted work.

3. The amount and substantiality of the portion used in relation to the whole work.

4. The effect on the potential market for, or value of the Copyrighted work.

For Each Component

Determine Need for Permission Guidelines - narrower than fair use

Fair use - more likely if permission difficult (or outrageously expensive) to get

Need permission to use materials for more than one semester (see electronic reserves)

Must comply with copyright and other laws (see sample language for syllabus)

Document Permission

Materials ProducedBy faculty: ABOR policy determines ownership By production team: To what extent is each

contribution copyrightable? By students:

Are they employees or under contract? Do they have the only copies? How do you know the work is original?

Unless paid by ASU, normally students will own the copyright in their work. This means, for example, we can't post their work on a web site without their permission.

Materials Produced (ctd.)Record keeping

Required to maintain records such as grade books(see retention schedules at university archives) www.asu.edu/lib/archives

Records and information must be secure and maintain privacy

Suggested Language For Syllabus Students are required to read and act in accordance with

university and Arizona Board of Regents policies, including:The Academic Integrity Policy:

http://www.asu.edu/studentlife/judicial/integrity.html The Student Code of Conduct: Arizona Board of Regents

Policies 5-301 through 5-308 http://www.abor.asu.edu/1_the_regents/policymanual/index.html#5

The Computer, Internet and Electronic Communications Policy

http://www.asu.edu/aad/manuals/acd/acd125.html

Materials posted to websites or distributed in violation of university policy or applicable law, including copyright, trademark and privacy laws may be removed at the discretion of the university.

Use Of Copyrighted Materials In Password Protected Or Secure Environment

Must follow guidelines for electronic reserves (or obtain written permission)Only one copy of any copyrighted item for one

semester only. The item cannot be used again without written

copyright permission. The instructor is responsible for obtaining permissions.

A copy of one chapter from a work of a single author or copies of not more than three chapters or articles from a collective work or periodical volume may be used over the course of a semester

Project PlanningPlan for the broadest potential uses

Review sources of all material

Check licenses and restrictions

Obtain needed permissions

Alternative Production Resources

Owned or self-produced materials

Public Domain materials

Licensed clip art

Commissioned work

Who Owns Multimedia Materials, The Creator Or ASU?

Copyright law -

Author/creator of work is usually the owner of copyright

May be multiple authors - this is a big fact question, contract to explain

Independently copyrightable contributions

Mutual intent

Academic Tradition

Universities have released interest in copyrights to faculty for traditional academic publications (e.g., journal articles, text books)

Tradition does not address new media (e.g., software, multimedia)

ASU's Intellectual Property Committee is proposing a policy

Employer (ABOR/ASU) is the owner if:

Work is created by employee within scope of employment

Work is created under contract (with assignment)

Work is properly documented as a work for hire

ABOR Policy Addresses OwnershipABOR Policy: ABOR/ASU will own if

significant use of university resourcesResearch funding Funding for asynchronous or distance learning Assistance of support staff Use of:

University paid time within the employment period

Telecommunication services University central computing resources Instructional design or media production

services Research equipment and facilities or production

facilities

Who Controls The Content? Institutions want greater control over:

-Format -Content

Use of institutional name, logo, resources Use of content owned by third parties

-Text -Music (mechanical and synchronization rights) -Software and patent issues-Images • Copyright• Likeness of individuals • Privacy and publicity

Can Instructors Take the Material With Them If They Change Jobs?

Factors: Sole author Joint author University policy Individually negotiated agreement Ownership v. license to use Nature of intended use

How Are Revenues Shared?Joint authorship under copyright law

(without an agreement) Individually negotiated agreement ABOR policy: university owns, authors

share in revenue net associated costsAuthor(s) receive minimum of 50% of first

net $10,000 And minimum of 25% of net in excess of

first net $10,000

Planning Issues- Summary Compare ownership with right to use

-Review ABOR Intellectual Property Policy 6-908 http://www.abor.asu.edu/1_the_regents/policymanual/index.html

Evaluate university resources used to develop and to:

-Enhance a course with technology to use internally -Create a product that can be marketed separately

Other considerations:-Permission for included materials (e.g., copyright) - -Accessibility for disabled users

-Role of students in course development

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http://www.public.asu.edu/~jeremy/11_01copyrightpresentation.html