Understanding Copyright Understanding Copyright Law in a For-Profit Law in a For-Profit Institution Institution

What is Legal and Allowable?

By: Eileen Rhodes, MLS, Corporate Librarian and David R. Polgar, JD, Associate Professor at Lincoln College of New England

Quick NoteQuick NoteCopyright law is a complex area of the

law with a wide variety of opinions on it.Be careful: a great deal of info online is

either incorrect or incomplete.This presentation seeks to increase our

understanding of:◦What is Copyright and Copyright

Infringement?◦What are some common exemptions for

copyright?◦How do we apply copyright rules to a for-

profit institution? How does copyright law affect us?

What is Copyright?What is Copyright?Copyright is a protection that

grants certain exclusive rights to a creator. Copyright infringement is when a non-owner of the copyright infringes an exclusive right.

Copyright constantly deals with balancing an individuals right to protect their work (which promotes creativity) AND the public’s right to freely use information.

What rights does a copyright What rights does a copyright owner have?owner have?A copyright owner has the

exclusive right to:◦Make and distribute copies◦Publicly perform or display◦Make derivative works

Our Policy:Our Policy:Go to Intranet:

http://lsps/sites/LINC/Pages/default.aspx

Go to “Depts”Click on “Education”Click on “Policies & Procedures”Click on “Copyright Policy”

What is Copyright What is Copyright Infringement?Infringement? “Any activity that falls within the

scope of the exclusive rights of the copyright owner is prohibited as an infringement unless it is authorized by the copyright owner, excused by fair use, or another exemption.” (From our policy)

There are many educational exemptions, however, many of these only apply to non-profit educational institutions.

Copyright in the LibraryCopyright in the LibraryIt is an exception to copyright

law that allows a library to make single photocopies for patrons.

Do not use this exception to make unlimited copies. (This would financially harm the copyright holder.)

http://www.section108.gov

eHow versus RealityeHow versus RealityExample of misleading copyright

information:◦http://

www.ehow.com/list_7230159_copyright-laws-showing-movies-college.html#ixzz1W43NkG46

Actual language:◦http://

www.law.cornell.edu/uscode/17/110.html

Purchasing an item does not Purchasing an item does not give you unlimited rightsgive you unlimited rightsEvery copyright comes attached with

important limitations for the user.EXAMPLE: You buy a copyright-

protected music cd. As a consumer, you get the right to listen to the music, but not the right to duplicate it or make public performances of it.

Showing material in the Lincoln classroom is considered public performance.

Public PerformancePublic PerformanceA public performance is one that occurs

"in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.“

The classroom is considered a public place and therefore displaying copyright-protected.

For-profit colleges DO NOT have an exemption for face-to-face teaching or online learning that non-profit colleges do.

What does that mean for What does that mean for us?us?Rule: In order play movies/video

clips/music in the classroom, you must obtain the necessary public performance rights (PPR) or obtain permission from the copyright holder.

Exceptions to this rule include fair use, public domain, and open courseware (Creative Commons). We will go over these later.

Getting Site License for Getting Site License for DVDs/Videos (Public DVDs/Videos (Public Performance Rights)Performance Rights)

If you want to show a copyrighted film in the classroom, you need to contact one of these companies to obtain permission/site license. Begin with Swank.

Swank Motion Pictures, Inc. 1-800-876-5577

Criterion Pictures, USA 1-800-890-9494Kino International 1-800-562-3330The Motion Picture Licensing Corporation Movie Licensing USA New Yorker Films 1-800-247-6200

DVD Companies DVD Companies

Authorized by the Copyright Authorized by the Copyright OwnerOwnerIf you can get written permission

from the Copyright owner, you can use it.

Have your instructors check their textbooks for information on obtaining permission to make copies.

What if you don’t have What if you don’t have permission? (PPR or direction permission? (PPR or direction authorization)authorization)You would rely on either:

◦Fair use◦Public domain◦Open courseware (MIT and Stanford)

What is Fair Use?What is Fair Use?Fair Use is a principle that allows

the public to use copyrighted work without permission if it is for:Teaching Criticism Scholarship

ResearchParody Comment

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/

http://www.copyright.gov/fls/fl102.html

Four Factors for Fair UseFour Factors for Fair UseIn deciding whether a user can claim fair

use, the courts look at four factors: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 3. The amount and substantiality of the portion

used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work

(http://www.copyright.gov/fls/fl102.html)

Public DomainPublic DomainWorks in which the copyright has

expired, or there is no copyright.For example, when using images,

you can find websites for using public domain images.

http://www.public-domain-image.com/

Open CourseWareOpen CourseWareThere is currently a movement to

freely license and share information without copyright concerns.

“OpenCourseWare are free and openly licensed, accessible to anyone, anytime via the internet”

http://www.ocwconsortium.org/

Creative CommonsCreative CommonsNew concepthttp://creativecommons.org/

licenses/by-nc-nd/3.0/YouTube license versus Creative

Commons

Scenario One:Scenario One:An instructor uses the copier at a

Lincoln campus to make copies of a textbook that he has not adopted for his course.

These copies will be passed out in class for the students to review.

He claims he needs more content for the course, and since he is using it for educational purposes it’s legal.

Scenario One Continued…Scenario One Continued…Is this allowable?This instructor is breaking

copyright law by making multiple copies and distributing to his class.

This is not allowed because◦No exception to copyright law◦Does not meet Fair Use◦Since the textbook has a copyright, it

is not in the public domain.

Scenario Two:Scenario Two:An instructor borrows a DVD from

the campus library/LRC, and shows the entire film in class.

Is this legal?

Scenario Two Continued…Scenario Two Continued…It could be legal, but only if the DVD

has “Public Performance Rights.” In this case, the back of the DVD

states “This copyrighted product has been manufactured and distributed by Warner Home Video, Inc., and is authorized for sale or rental for private home use ONLY.”

Two solutions to this problem: ◦ Obtain a site license for the film, or◦ Tell students they are responsible for renting

and viewing the film on their own.

What Can I Use?What Can I Use?Instructors can use InfoTrac if

they want to make copies of articles from encyclopedias, newspapers, magazines, etc.

Lincoln has paid for site licensing for the use of InfoTrac content.

This is safer than going to the web.

Helpful Sites:Helpful Sites:http://guides.library.jhu.edu/

content.php?pid=22245&sid=159097

http://www.copyrightlaws.com/http://www.ocwconsortium.org/http://www.public-domain-

image.com/ http://www.section108.govhttp://www.copyright.gov/circs/

circ21.pdf

SummarySummaryThe purpose of copyright law is

to spread knowledge.It’s a balance between the

creation of knowledge and the dissemination of knowledge.