A few assorted topics selected by UCI library staff for a recent visit: fair use, creative commons licenses, and journal author agreements.

1. Katie’s
UC Irvine
Copyright Smorgasbord
April 8, 2015
katie.fortney@ucop.edu
@kfortney

2. Plan for Today
A little bit of a lot of things
• Copyright & Fair Use
from 30,000 feet
• Creative Commons licenses
• Journal author agreements

3. Not on today’s menu
• Other exceptions like
libraries & classroom
performance
• Works for hire
• UC copyright & OA policies
• TEACH Act
• DMCA anti-circumvention
rules and takedown
procedures

4. I. Copyright &
Fair Use

5. US Copyright law protects…
original works of authorship fixed in
a tangible medium of expression
(but not federal govt. works)
(and only for limited times)
(and there used to be a lot of rules)

6. Copyright -> Exclusive rights
• Reproduction
• Distribution
• Public performance
• Public display
• Creation of derivative works

7. Fair Use
Fair use, including for purposes such as criticism,
comment, news reporting, teaching, scholarship or
research, is not an infringement. Factors to be
considered include:
(1) the purpose and character of your use;
(2) the nature of the work you’re using (not your
new work);
(3) the amount/substantiality used;
(4) the effect of the use on the market for the work
you’re using.
- see 17 U.S. Code § 107

8. Can fair use help when…
• A professor who doesn’t like the course
management system has a number of
video clips from Hollywood movies from
the 1960s to the 1990s. She wants to share
them with her students for watching
outside of class in preparation for class
discussions about how the movies portray
smoking. She plans to put them on
YouTube. The clips range from under 30
seconds to over 5 minutes long.

11. Never “always” and never “never”
(From http://en.wikipedia.org/wiki/Fair_use#Common_misunderstandings)

12. Some commercial fair uses
• Bloomberg doesn’t need Swatch’s permission
to publish an analyst call it wasn’t invited to
• You can record TV to watch it later, and Sony
can sell you VCRs to do it
• Google can scan millions of books in their
entirety

13. Trans…former..what?
• “whether the new work . . . adds something
new, with a further purpose or different
character, altering the first with new
expression, meaning, or message”
-Campbell v. Acuff-Rose, 510 US 569 - Supreme Court 1994

14. 1. Did the use “transform” the material
taken from the copyrighted work by
using it for a broadly beneficial purpose
different from that of the original?
2. Was the material taken appropriate in
kind and amount?

15. Examples
• DK Publishing can sell Grateful Dead
books that include images of concert
posters
• Turnitin doesn’t need student authors’
permission to maintain its database for
plagiarism checking
• The Harry Potter Lexicon would have
been okay with less verbatim copying

16. Avoid re-inventing the wheel
• Statistically significant factors
• Transformativeness
• Codes of Best Practice

17. arl.org/fairuse
Other recent codes at
http://www.cmsimpact.org/fai
r-use/best-practices
• Collections containing
orphan works
• Visual Arts

18. Still worried about certainty?
You don’t have to be certain.
– There’s a good faith fair use
defense for libraries and their
employees.
– Sovereign immunity can be
helpful for state institutions.

19. II. Creative
Commons
Licenses

20. The problem: copyright
defaults don’t suit everyone

21. CC Licenses as a Solution
• Require giving credit
• Author keeps copyright ownership
• Widely used (for all kinds of
content)
• Machine readable
• Six different licenses to choose from
Keys, USS Bowfin by Joseph Novak CC BY

22. CC BY: Attribution
Bare bones by Caroline CC BY http://www.flickr.com/photos/hills_alive/8511444405/
Currently used by PLOS, BioMedCentral, Springer,
Wiley, the Institute of Physics, and others.

23. The NonCommercial (NC)
Restriction
• E.g.
http://creativecommons.org/licenses/
by-nc/3.0/legalcode
• Some debate/confusion
about what counts as
“commercial”
• Broadest possible reuse vs.
discomfort with
commercial activity
Forex Money for Exchange in Currency Bank by epSos.de CC BY
http://www.flickr.com/photos/epsos/8463683689/

24. The No Derivative Works (ND)
Restriction
• E.g.
http://creativecommons.org/lice
nses/by-nd/3.0/legalcode
• No “translation,
adaptation, derivative
work,” etc.
• Inclusions in collections
and anthologies still
allowed.
• Encouraging as many
translations as possible
vs. tightly controlling
them
Building Blocks by tiffany terry CC BY
http://www.flickr.com/photos/35168673@N03/6086229920/

25. The ShareAlike (SA) Restriction
• E.g.
http://creativecommons.org/l
icenses/by-sa/3.0/legalcode
• Applies to
Adaptations, but not
Collections
• Ensures translations
will be shared, but
dictates translators’
choice of license
Photo by Katie Fortney

26. Choosing a License
Think about needs of
• Creators/©owners
• Readers
• Adapters/remixers
• Services and
intermediaries
Stone balancing! by Giles Turnbull CC BY-NC http://www.flickr.com/photos/gilest/132093750/

27. Resources and Tools
• Creative Commons has LOTS of information and
resources,
– About the Licenses: http://creativecommons.org/licenses/
– NonCommercial (definitions and confusion):
http://wiki.creativecommons.org/Defining_Noncommercial
– ShareAlike: http://wiki.creativecommons.org/Share_Alike
– Wiki, FAQs: http://wiki.creativecommons.org/FAQ
• DOAJ proposed new critera:
http://www.doaj.org/doaj?func=news&nId=303&uiLanguage=en
• OASPA FAQ on licensing: http://oaspa.org/information-
resources/frequently-asked-questions/

28. Which would you choose?
Imagine you’ve been drafted to make a
recommendation of which CC license to use
for…
• the UCI-authored content on the library
website
• an archival collection being digitized for
online public access, and UCI owns the
copyright

29. III. Author
Agreements

30. “A what?”

31. Implied Licenses

32. Common terms
• Originality & the like
• What the publisher
can do with the article
• What the author can
do with the article

33. Where can you find them?
?

34. A few examples…
• Which would you
prefer
– As an author
– As a publisher
– As a reader?

35. What about eScholarship?

36. Questions?