copyright and academics angela medley itec 7445. general rule for copyright laws “assume all works...
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Copyright and
AcademicsAngela Medley
ITEC 7445
Genera
l Rule
for
Copyr
ight
Law
s
“Assume all works are protected by copyright
or trademark law unless conclusive information indicates otherwise.”
www.fairuse.stnadford.edu/overview
2 M
yths o
f Copyrig
hts
that m
ust b
e a
void
ed
Myth #1
A work is not
public domain
simply because
it has been
posted on the
internet.
Myth #2
A work is not
public domain
because it
lacks a
copyright
notice.
Copyright
materials
Academic
permission is
needed to
compile
copyrighted
materials used
for teaching.
This compilation
is often called a
“coursepack” or
“reader.”
Fair Use
Permission is
not required for
educational
use of
copyrighted
materials
under fair use.
Aca
dem
ic Perm
issions
Can B
e D
iffere
nt…
Aca
dem
ic
Cours
epack
s
• An academic coursepack is usually used in a face to face environments where copies of copyrighted materials are distributed in a book format or as handouts.
• Clearance can be provided by the publisher of the material for a fee.
• Clearances usually last one semester.
• Electronic coursepacks are also now available.
Aca
dem
ic
Cours
epack
s
• An academic coursepack is usually used in a face to face environments where copies of copyrighted materials are distributed in a book format or as handouts.
• Clearance can be provided by the publisher of the material for a fee.
• Clearances usually last one semester.
• Electronic coursepacks are also now available.
(Basic Books Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522 (S.D. N.Y. 1991)
How
to O
bta
in
Cle
ara
nce
for
Aca
dem
ic C
ours
epack
s
• Clearance services such as www.copyright.com
• University bookstores or copy shops
• Department administration
Fair
Use • “Fair use is the right to use portions of copyrighted
materials without permission for purposes of education, commentary, or
parody.”
http://fairuse.stanford.edu/overview/non-coursepack/
Prin
ciple
s of
Fair
Use
Sect
ion 1
07 o
f th
e C
opyr
ight
Law
Section 107 provides 4 factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
Prin
ciple
s of
Fair
Use
Sect
ion 1
07 o
f th
e C
optr
ight
Law Continued…
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole4. The effect of the use upon the potential market for, or value of, the copyrighted work
http://www.copyright.gov/fls/fl102.html
So, how do I avoid
making a mistake?
Read C
lick-
Wra
p
Agre
em
ents
• Do not assume that clip art or any material labeled royalty-free or copyright-free can be used freely.
• Many times the terms and conditions will not allow a user to distribute or copy this material without authorization.
• Always read the terms and conditions in “Click to Accept” agreements (AKA Click-Wrap Agreements)
Rem
ove
U
nauth
ori
zed
Mate
rial
• Any complaints regarding material used on your website should result in the content being removed immediately.
• Consult with an attorney if needed.
• Do not aggravate the claim by continuing to use the material after a complaint has been made.
Inve
stig
ate
C
laim
s Pr
om
ptl
y
• Strive to seek evidence of copyright ownership if a complaint has been made
• The webmaster must investigate how that material was transferred. If copies were downloaded from the infringing site, then the webmaster would need to know who downloaded the material and how many copies were downloaded.
Copyr
ight
Prote
ctio
n“Extends to any original work regardless of who created it and permission is required for reproduction, display, or
distribution of the work.”
www.fairuse.stnadford.edu/overview
How
to I O
bta
in
Perm
issi
on?
• Written permission is best although oral permission is acceptable, just more difficult to prove.
• See the sample below of an informal release:
I am the owner of rights to “The Eiffel Tower at Dusk” and I authorize its display and reproduction on the “Paris” website located at www.paris.com for a period of 2 years.
Is T
his
All
Really
N
ece
ssary
? • The more popular the
website, the higher the likelihood of getting caught.
• The best way to avoid complaints is to seek permission to use material that is not owned by you.
• Lawsuits can occur based on infringement complaints. Don’t let them happen to you!
Who is
Goin
g t
o
Catc
h M
e?
• Many companies patrol the internet for infringement.
• Markwatch (markwatch.com) is a company that functions as a cyber bounty hunter searching the web for infringement issues.
• The Association for the Protection of Internet Copyright (APIC) also seeks out violations.
Sce
nari
os
• Mrs. Smith is making copies of the science textbook and selling them because the school cannot afford textbooks for her students. She is going to use the money for lab equipment.
• Mr. Taylor uses sheet music copied from the internet to teach his band students the music for the Friday night football game.
• Principal Addock decides to utilize a Prentice-Hall online textbook for math instruction.
Answ
ers
to
Sce
nari
os
• Copyrighted materials cannot be sold for money even if the money does go to benefit education.
• Mr. Taylor must purchase the sheet music for distribution to his students. He is allowed to pull pieces of a song from the internet but not the entire song.
• As long as Principal Addock pays for the online textbook or has permission for its use from Prentice-Hall, he is not doing anything illegal.
Who is
Goin
g t
o
Catc
h M
e?
• Many companies patrol the internet for infringement.
• Markwatch (markwatch.com) is a company that functions as a cyber bounty hunter searching the web for infringement issues.
• The Association for the Protection of Internet Copyright (APIC) also seeks out violations.
Refe
rence
shttp://www.copyright.gov/fls/fl102.htm
http://fairuse.stanford.edu/overview
Retrieved September 24, 2013