1. TFDN 2010 Copyright and Copywrong Christine Salmon, PhD Office of Educational Enhancement The University of Texas at Dallas

2. Objectives Define copyright Identify copyright infringement Evaluate materials for Fair Use

3. Copyright! arghhhh!!! Source: www.cartoonstock.com

4. Copyright – What do you know? Is it infringement? One of your students creates a video play for your class. In the play, a character sings Happy Birthday (7).

5. Copyright – What do you know? Is it infringement? Your department has purchased a DVD for use in the classroom. You make a copy to ensure that if the DVD is lost or broken, you have a backup.

6. Copyright – the Law Copyright Act of 1790 Copyright Act of 1909 (before 1909) Copyright Act of 1909 (amended 1973) Copyright Act of 1976 http://www.copyright.gov/history/index.html

7. Copyright – the Law U.S. Code (17 USC, section 106 - 1976) Digital Millennium Copyright Act (1998) Technology, Education, and Copyright Harmonization (TEACH) Act (2002) Comparison of above - http://www.unc.edu/~unclng/TEACH.htm Federal Educational Rights & Privacy Act (FERPA)

8. Copyright?

9. Copyright?

10. Copyright – What is it? Intellectual property protection for “…original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Copyright Law of the United States (Ch 1, p8) http://www.copyright.gov/title17/

11. Copyright holders – exclusive rights to: Reproduction Adaptation Publication Performance Display Copyright – What is it?

12. Copyright – When does it start? Does not require publication Does not require © Does not require registration As soon as work is fixed Creative Commonshttp://www.creativecommons.org

13. Copyright – What is protected? Literary works Pictorial, graphic and sculptural works Motion pictures Audiovisual works Sound recordings

14. Copyright – What is not protected? Facts Ideas not in fixed form Works produced by federal government employees

16. essay

17. poetry / poem

18. short story

20. theatre piece

21. music video

22. opera

24. Copyright – What do you know? Is it infringement? Your students are struggling with a written assignment. You find an old paper from a student last year and photocopy it to show students a good example. You make sure to remove the student’s name and any grading marks. (10)

25. Copyright - Lawsuits “Kinko’s case” Basic Books, Inc. v. Kinko's Graphics Corporation, 758 F. Supp. 1522 (SDNY 1991) Kinko’s had copied materials representing 5 – 24% of works Did not prohibit coursepacks Did prohibit unlawful reproduction and sale of coursepacks – without copyright permissions

26. Copyright – Lawsuits almost AAP (American Association of Publishers) – Cornell, Hofstra, Syracuse, Marquette Universities Concern with manner of providing copyrighted materials in digital format (e-reserves, faculty webpages, CMS) Resolved with jointly-drafted guidelines Cornell’s Guidelines

27. Fair Use – Four Factors Purpose Nature Amount Effect Why are you using this work? What is the nature of the work? How much are you using? What is the effect on the market?

28. Fair Use - Purpose Seek Permission Commercial Education Non-profit Personal Criticism Commentary News reporting Parody / satire CopyrightInfringement Fair Use

30. Fair Use - Nature Seek Permission Creative Unpublished Consumable Factual Published Mix of fact and imaginative CopyrightInfringement Fair Use

31. Fair Use - Amount Seek Permission Significant Entire work Small amount Non-essential CopyrightInfringement Fair Use

32. Fair Use - Effect Seek Permission Harms the sale Are reasonably priced No effect on market CopyrightInfringement Fair Use

33. Copyright - Lawsuits “Georgia State University case” – several publishers (2008) GSU “pervasive, flagrant and ongoing” distribution of copyrighted materials in digital form Electronic reserves, Blackboard/WebCT, online syllabi, servers Seeking injunction to stop, but no money

34. Copyright – Fair Use Mediated instructional activities: Integral part of class Under supervision/control of instructor In a manner analagous to performance/display in live, F2F classroom (digital)*

35. TEACH Act – Additional Reqs Authentication Enrollment Time Amounts Download controls Guide to the TEACH Act (University System of Georgia)

36. Copyright – What do you know? Is it infringement? You’re teaching Sociology and you have a chapter from an old textbook that you want your students to read. You photocopy it and hand it out in class. You decide to use it every semester. (1)

37. Classroom Copying - Guidelines Multiple copies allowed (no more than per student) provided that copying: Meets test of brevity and spontaneity Meets test of cumulative effect Contains copyright notice Limits on amount copiable Time requirements Limits on instances of copying

39. Under supervision/control of instructor

40. In a manner analagous to performance/ display in live, F2F classroomNext 14 slides drawn from: Stanford University Copyright and Fair Use Overview

41. BUT Copyright notice must be attached (each item) Copying must NOT replace textbook, workbook Must not charge more than actual cost of copying Must not exceed one copy per student Cannot copy texts, workbooks, standardized tests, etc created for educational use (consumables) 1

42. AND (Brevity test) Restrictions: Complete poem IF < 250 words Excerpt of no more than 250 (if longer poem) Complete article, essay, story IF < 2500 words Excerpt from prose of no more than 1000 words or 10% of entire work, whichever is less One (1) graph, diagram, chart, cartoon, drawing, picture per book, newspaper, periodical

43. AND (Spontaneity test) Idea for copying derives from teacher, not administration Idea and copying must occur close in time – so close that no time for permission request and granting

44. AND (Cumulative Effect test) Per class term restrictions – all of above, plus Per author One story, short poem, article, essay Two excepts Per collective work, periodical volume No more than three stories, short poems, articles, essays (or combination) Only nine (9) instances per course

45. Copyright – Music Reproducing musicfor use inclass: Excerpts of sheet music, printed works IF Do NOT make a “performable unit” (entire song, section, movement, aria) Do NOT exceed 10% of entire work Do NOT exceed one copy per student Purchased copies can be edited IF fundamental character of work NOT distorted or lyrics altered Image from http://levysheetmusic.mse.jhu.edu/levy-browse.html

46. AND Recording of a performance Single (1) recording for purposes of evaluation or rehearsal Institution or teacher can retain a (1) copy Sound recording owned by institution or teacher (tape, CD, cassette) Single copy IF for aural exercises, exams Institution or teacher can retain a (1) copy Must include copyright notice ♫♫

47. BUT Instructor CANNOT copy: Sheet music, recordings to make compilation Sheet music, recordings for performances From “consumables” (texts, workbooks, etc.)

48. Copyright – What do you know? Is it infringement? You record a program from PBS’s Nova in October and show it to your class the next March. (3)

49. Copyright - Television Recording network shows: Keep copy for 45 days BUT use for instruction only first 10 days Played once by individual teacher for instruction After 10 days, use only for teacher evaluation (should we use it in curriculum? Yes – MUST obtain permission) After 45 days, recording MUST be erased

50. AND Recorded only at request of instructor Used only by instructor No standing requests; no anticipated requests Copies only for individual instructor NO compilation Must include copyright notice

51. Copyright – Digital Images Can digitize an analog image IF digital image not available at fair price Can display for lectures, scholarly presentations Institution can compile digitized images on secure network for students enrolled in class for review or directed study. Must include statement prohibiting: downloading, copying, retention, printing, sharing, modification

52. Copyright – Digital CANNOT reproduce or publish images in publications (incl. scholarly publications)

53. Copyright – Multimedia Students, instructors preparing MM works: MM = combination of music, text, graphics, illustrations, photographs, images, video For F2F instruction, directed self-study, remote instruction Only systematic learning activities at no-profit educational institutions Can use MM presentation up to 2 yrs after 1st use ♪

54. Copyright – Multimedia Portion restrictions (cumulativeeffecttest): 10% or 1000 words (whichever is less) No more than 3 poems by single author No more than 5 poems by different poets in an anthology Up to 10% or 3 minutes of motion media One (1) photo/illustration by single artist No more than 10% or 15 images (whichever is less) from collective work

55. Copyright – Multimedia Portion restrictions: 10% or 2,500 cell entries from database or data table Other restrictions: Only 2 copies of MM project, one of which can be on reserve Additional 1 copy for preservation (used only to replace stolen, lost, damaged original)

56. Copyright Resources TEACH Act Toolkit(North Carolina State University)http://www.provost.ncsu.edu/copyright/toolkit/ UT System Crash Course in Copyright http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top UT System Intellectual Property Policyhttp://www.utsystem.edu/ogc/intellectualproperty/2xii.htm AAP (Association of American Publishers) Copyright - Rights and Permissions http://www.publishers.org/main/Copyright/copyPermission_01.htm?id=20 Reproduction of Copyrighted Works by Educators and Librarians http://www.copyright.gov/circs/circ21.pdf

57. Thank you http://www.slideshare.net/csalmon