Micro-Scholarship, What it is, How can it help me.pdf
Copyright Issues in Higher Education
1. Copyright Issues in
Higher Education
Joe Hardenbrook
Library Instruction Coordinator, Research/Instruction Librarian &
Educational Technologist, Millikin University
jhardenbrook@millikin.edu
Amanda Pippitt
Library Access Services Coordinator, Research/Instruction Librarian &
Archivist, Millikin University
apippitt@millikin.edu
2. Copyright Issues in Higher Ed
Who handles copyright?
Important laws and legislation
Scenarios involving copyright
Resources for additional investigation
3. Copyright: Who’s in charge?
Who handles copyright at your institution?
Information Technology, Library, different offices, no
one?!?!
What policies do you have in place? On your
website?
How do you handle copyright permissions?
How are faculty made aware of these policies?
Does anyone monitor CMS for copyright
infringements or violations?
4. Copyright: What’s protected?
X Domain Names
Scribbles Graffiti
Books
X Simple Phrases X Titles
Doodles Movies Articles Music X Ideas
Photographs X Facts Sound Recordings
Ballets Software Plays X U.S. gov’t works
Sculpture X Slogans
Architecture
Paintings
Websites Pantomimes X Names
Source: Copyright Management Center. (2006). Copyright Quickguide. Indiana University-Purdue University at
Indianapolis. Retrieved 7 September 2006, from http://www.copyright.iupui.edu/quickguide.htm.
5. Laws & Legislation
Copyright mentioned in the constitution
U.S. Copyright Act 1790, 1909, 1976
Fair use (1976)
Sonny Bono Copyright Term Extension
Act (1998)
Digital Millennium Copyright Act (1998)
TEACH Act (2002) – Distance ed. issues
6. What makes something
copyrighted?
U.S. Copyright Act, Section 102(a):
Original work of authorship
Fixed in a tangible medium of expression
now known or later developed
Source: U.S. Copyright Office (2006). Copyright Law of the United States and Related Laws Contained in Title
17 of the United States Code. Retrieved 7 September 2006, from http://www.copyright.gov/title17/.
8. How long is copyright?
Generally, works today are life of author
+ 70 years.
Thanks, Sonny!
When do works pass into the public domain?
Flowchart of Copyright Length
9. Fair Use
Section 107 of the U.S. Copyright Act
4 Factors
Purpose – non-profit, educational use
Nature – published work, factual, fiction
Amount – small quantity, entire work used
Effect – significant effect on market?
Repeated or long term use?
10. Digital Millennium Copyright Act
Controversial? Too focused on copyright
holder?
“Anticircumvention” – illegal to disrupt
technological measures designed to
protect copyright.
Section 512 – Privacy Issues – copyright
owners can file a subpoena against ISPs
seeking identities of users.
11. TEACH Act
Technology, Education and Copyright
Harmonization Act
Guidelines on the transmission of digital
materials to distance ed students
Not as broad as “fair use”
Technological requirements – limited
access, limited time, restricted
dissemination
Sample Checklist (No. Carolina St. Univ.)
12. Scenario #1: Question
Professor Smith reads an article on The
Chronicle of Higher Education website
about faculty salaries.
She copies and pastes the article into
her e-mail and forwards to the entire
faculty.
Copyright violation?
13. Scenario #1: Answer…Yes
She copied the article and sent it out
without copyright owner’s permission.
Instead, send out small excerpt or a link
to the article.
Or see if the institution has a site
license with The Chronicle.
Example:
http://chronicle.com/help/copyright.htm
14. Scenario #2: Question
Student group on campus has a “Movie
Night” and shows some DVDs.
Acceptable / Not Acceptable???
15. Scenario #2: Answer…Need
more info
Did the student group show a copy of the
movie with “public performance rights”?…
if so, then OK!
If not, copyright was violated.
To qualify for “fair use” it must be in a
regularly scheduled class, no admission
charge, during class time, with instructor
& enrolled students ONLY.
16. Scenario #3: Question
Professor Jones wants to post a journal
article in Blackboard.
Is this OK?
17. Scenario #3: Answer…It Depends
Continued use may affect the market
However, it’s being used for educational
purposes. Access restricted to students.
Alternative #1: use an electronic reserve
system if available.
Alternative #2: Library’s databases may
have access. Link to the persistent URL.
Source: Copyright Management Center. (2006). Common Scenarios of Fair Use Issues: Posting Materials on Course
Management Systems. Indiana University-Purdue University at Indianapolis. Retrieved 7 September 2006, from
http://www.copyright.iupui.edu/fuscenarios.htm.
18. Scenario #4: Question
Professor Smith goes to Blockbuster to
rent Pride & Prejudice to show in his
English Lit class.
Is this a violation of copyright?
19. Scenario #4: Answer…It’s OK!
Why?
Qualifies under Section 110 of the U.S.
Copyright Act – face to face teaching in the
classroom, regularly scheduled class, only enrolled
students, DVD was a lawful copy, etc…
Source: Russell, C. (Ed.). (2004). Complete Copyright: An Everyday Guide for Librarians. Chicago:
American Library Association.
20. Scenario #5: Question
Professor Jones is teaching a online
class, “Media & Society,” using a CMS.
She wants to show a clip from the local
television news about a murder.
Can she do this without violating
copyright/TEACH Act?
21. Scenario #5: Answer….Hmm?
A short clip as opposed to the entire broadcast
tips it to fair use.
It’s a factual news story, not a dramatic work…
again, in favor of fair use.
If the TV station offers copies for purchase, this
would be the preferred route.
Clip should only be displayed for a limited time,
only to enrolled students. – TEACH Act.
Converting analog to digital is OK—as long as no
digital copy is available at the institution, and it
it’s limited to the appropriate amount.
22. Scenario #6: Question
Student in your class finds an image on
the Web that she wants to use in a web
design project.
The image is copyrighted, but she
manipulates it with Photoshop.
Is this a violation of copyright?
23. Scenario #6: Answer…Maybe?
There are no explicit guidelines on what
types of changes she would have to
make to consider it “original.”
People do this all the time.
Does that make it OK?
Source: Russell, C. (Ed.). (2004). Complete Copyright: An Everyday Guide for Librarians. Chicago:
American Library Association.
24. Resources
United States Copyright Office
http://www.copyright.gov/
Copyright Clearance Center
http://www.copyright.com/
IUPUI Copyright Management Center
http://www.copyright.iupui.edu/
NCSU Scholarly Communication Center
http://www.lib.ncsu.edu/scc/main.html
25. Copyright Issues in Higher Ed
This presentation is not copyrighted and
may be freely distributed with
attribution given to the authors.