Copyright

Keri McNamara CP 2

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What is Copyright?
What types of materials are covered: The Definition of Copyright according to the US Copyright office is: Artwork

Books Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original Poetry works of authorship fixed in a tangible medium of expression. Copyright covers both published and Stories unpublished works. Movies Computer Software Architecture
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When and how Copyright works

3 main requirements for copyright Copyright protection starts the moment a work is created and tangible. Fixationas soon as something is written down or recorded by must be in a fixed-tangible fixed The work audio or video it becomes format OriginalityA work must be originalhowever something adapted or modified from an original can be copyrighted. Minimal CreativityA slight amount of creativity will be enough to be protected by copyrighta new concept based on an old idea is protected but word for word copying is not
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What is not protected

Works in the public domain:
Ideas and facts Words, names,
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When works enter the Public Domain

Definition: A public domain
work is a creative work that is not protected by copyright and which may be freely used by everyone. The reasons that the work is not protected include: (1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright or (3) the work is a work of the U.S. Government. 4/28/12

Graphic by Lolly Gasaway University of North Carolina

Fair Use
Determining fair use is by a simple task Fair use, as determinednot U.S. Copyright law, Title 17, Copyrights, United States Code section 107, allows for the reproduction of copyrighted material for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research

This is an illustration from a CALI Lesson by Eric Molinsky. www.cali.org/lesson/1068

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4 Considerations for fair use

How much of the original is being used The purpose and character of the usetypically a non profit educational use would qualify as fair The effect of use on the market for the material. use This becomes important when considering duplicate copies...or alternate workusually The nature of the copyrighted formats unpublished or rare/out of print it is less likely to be considered fair use

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Section 108
times have evolved and our society and archives Library exception. It allows libraries is more digital. reproduction without scrutinized. to makeIn 2004 it began to bepermission under certain circumstances. It also is the part of Libraries and archives arelibrary users to make copyright law that allows examining the issues and in 2005 put together a working group: The copies. section 108 study group To be eligible for section 108 a library must: http://www.section108.gov/ Be open to the public The Section 108 Spinner created 2010 by Michael Brewer helps determine eligibility: May make one copy as long as there is no commercial advantage has become increasing relevant the Section 108 of the Copyright law is known asas

Must post a notice above the copyright machine 4/28/12 http://www.librarycopyright.net/108spinner/ stating it is an individuals responsibility to abide

The Suggestion of Five

SUGGESTS: CONTU is National Commission on New Technological Uses of Copyrighted Works within one calendar year

copying no more than five articles from a single journal title, not guidelines the library, dated within They created owned by to aid libraries in the past five years. completing requests while following copyright law

The borrowing library must maintain records

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Preservation and Replacement issues

An advantage of 3 copies of an is being able Library can makenew technologyunpublished to view for preservation only work materials not in the confines of one structure 1 copy of published work only if one cannot be purchased at a fair price Some copies cannot be password protected Digitalinstitutions create viewed outside the

systemsor limit amount of copies that can be library viewed simultaneously

An issue occurs when libraries purchased a

format no longer used

A separate issue is on-line media storage and

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TEACH ACT
Section 110(2) was passed it is similar The Technology, Education and Copyright but has more restrictions. A/V known as the TEACH Harmonization Act of 2002,and dramatic musicals can is an Act of the United States Congress. Act, only be shown as clips and works need to be pared down online versus the face-face format. There are considerable stipulations for the TEACH ACT Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or Link to a checklist to in if your media complies: play) others' workssee the classroom. These rights are in Section 110(1) of the Copyright Act http:// and apply to any work, regardless of the copyright.lib.utexas.edu/teachact.html#toolkit medium. With the advent of distance education this law needed to ammended
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4/28/12 http://www.lib.ncsu.edu/cdsc/resources/tools

Creative Commons
With a Creative Commons license, you keep
your copyright but allow people to copy and distribute it provided they give you credit and only on the conditions you specify. first licences were distributed in 2002 works.

Creative commons was founded in 2001 and the By 2009 Estimated 350 million CC licensed

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ISSUES WITH CC Creative commons is particularly related to

internet usage and social media Unintended use Internet usage and social media are affecting Licenses are non revocable libraries

Derivative works can be changed in such a way Creative Commons licenses are becoming
the original author is uncomfortable with accepted by major academic institutions, libraries, museums, and nonprofits The term non commercial is questionable

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Copyright and fair use guides around the internet

A Map of Use Issues, from Guides on the Copyright and Fair-Use the University ofWeb

Minnesota A selection of free online advice for academics Public Domain Slider, Section 108 Spinner, and Fair Use Best Practices, fromLibrary Association from the American the American University Center for Social Media Tales From the Public Domain: Bound By Law? A Copyright and Fair Use, from the Stanford the comic book from public domain scholars at University Libraries School Duke University Law

Copyrights and Wrongs, from the American Compiled Ben Wieder

Association of University Professors of Texas at Austin

The Copyright Crash Course, from the University

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Bibliography
Ed. Roman Espejo"Copyright: An Overview." Copyright Infringement. Detroit: Greenhaven Press, 2009. Opposing Viewpoints. Gale Opposing Viewpoints In Context. Web. 13 Oct. 2011. Gordon-Murnane, Laura. "CREATIVE COMMONS: Copyright Tools for the 21st Century." Online 34.1 (2010): 18-21. Library, Information Science & Technology Abstracts. EBSCO. Web. 13 Oct. 2011. Gasaway, Laura N. "Amending the copyright act for libraries and society: the Section 108 Study Group." Albany Law Review Fall 2007: 1331+. LegalTrac. Web. 13 Oct. 2011.
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