1. This work is supported by a National Science Foundation (NSF) collaboration between the
Directorates for Education and Human Resources (EHR) and Geociences (GEO) under grant DUE - 1125331
Copyright
Professional Development Webinar
The webinar begins at:
9 am PST | 10 am MST | 11 am CST | 12 pm EST
For audio, follow the prompts
(if you closed the dialog box, log out of Adobe Connect
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2. Copyright Webinar Leaders
Josh Caulkins
InTeGrate
Assessment Team
Sean Fox
Technical Director
SERC

3. Goals of this webinar
• Assess the copyright situation of potential InTeGrate
materials.
• Identify an appropriate range of options with which
they might 'deal' with the copyright requirements of
potential InTeGrate materials.
• Correctly record the provenance and reuse details of
material they upload into the CMS for their InTeGrate
module.
• Explain what the end users of InTeGrate are allowed
to do with InTeGrate materials.

4. IANAL
• Copyright is messy and there are few unambiguous
answers.
• We are talking only about copyright in the context of
sharing materials through InTeGrate (and SERC)
• Consider who has your back (i.e. your institution) and
what their policies are in weighing your own risk.
• “But Sean said” is a poor legal defense.

5. Two Central Concerns
1. Not publishing materials that are going to get
‘us’ sued
2. Publishing materials with clear statements
about what the allowed uses are. So faculty
using the materials don’t have to spend
energy worrying about getting sued.

6. Copyright in one slide
• Copyright, a form of intellectual property law, protects original works of
authorship including literary, dramatic, musical, and artistic works, such as
poetry, novels, movies, songs, computer software, and architecture.
• Your work is under copyright protection the moment it is created and
fixed in a tangible form that it is perceptible either directly or with the aid
of a machine or device.
• Exclusive rights to:
– reproduce the copyrighted work;
– prepare derivative works based upon the work;
– distribute copies of the work to the public;
– perform the copyrighted work publicly; and
– display the copyrighted work publicly.
• Good for life of the author + 70 years.

7. But not everything is copyrightable
• Works created before 1923
• Works created by federal employees as part of their job
• Titles, names, short phrases
• In no case does copyright protection for an original work
of authorship extend to any idea, procedure, process,
system, method of operation, concept, principle, or
discovery, regardless of the form in which it is described,
explained, illustrated, or embodied in such work.
(this includes data and other facts)

8. Fair Use
Fair Use allows you to violate someone’s exclusive copyright in some
circumstances. The factors that are considered are:
• the purpose and character of your use
• the nature of the copyrighted work
• the amount and substantiality of the portion taken, and
• the effect of the use upon the potential market.
The only way to be sure a use is fair use is to get sued and let a court
decide. There are guidelines offered by various organizations. Use
within the bounds of your classroom is generally okay.
Publishing materials to the whole world and hoping they use them for
educational purposes is probably not fair use. More importantly it’s not
helpful to people trying to use your materials. They are left to their own
devices to decide if their use is fair.

9. Attribution, Academic Honesty and Copyright
The Academy has a deep-seated notion of the importance of the
provenance of an idea. ‘Stealing’ other people’s ideas is unethical.
Giving them credit negates the ‘stealing’.
This is entirely unrelated to copyright. Ideas are not copyrightable.
Attribution does not change the copyright situation.
Your use may be legal but unethical, or ethical but illegal.
There’s a confusing connection when licenses tie attribution to
copyright.

10. InTeGrate, Copyright and the
Materials You Create
• InTeGrate (and SERC) assumes you are the copyright
holder unless you tell us otherwise.
• InTeGrate holds the copyright for it’s modules and
courses.
• Materials are offered under a Creative Commons
license. (Attribution, NonCommercial,
ShareAlike)http://creativecommons.org/licenses/by-nc-sa/3.0/
• Exceptions to this are usually around files and images
you upload. You have the primary responsibility for
making sure those have ‘appropriate’ rights and they
are documented.

11. So you’re not the copyright holder...
• Is it copyrightable?
• Does it have an existing license for use?
• Can I get permission?
• Can I find/make a substitute?
• Perhaps just link to it? Will the link last?
• Leave it to the instructor. They might have a
license (or be able to claim fair use).
• Ask your webteam person if you aren’t sure!

12. When you upload a file….
• Fill it out accurately the first time
• What you write will be public and
attributed to you.
• You can edit it later. So if you
don’t have rights now say so and
change it when you do.
• If the file contains multiple
resources (e.g. a powerpoint)
include the details in the file itself
and make a note of that here.
• InTeGrate will do a plausibility
check before your materials go
live.
• If you include text (rather than
uploaded files) that you didn’t
create let us know.

13. From survey responses:
• We are developing a set of lessons, where we will develop some
exercise problems. Would it be fine to include problems directly
from textbooks or web sources (lectures notes from universities
around)?
• To what extent am I beholden to ask permission to use textbook
images of the publishers of the textbooks which I used, say, 8
years ago, if it's (a) a different textbook than I use now, and (b) a
different edition of the textbook than is available now?
• http://www.hailegoldmineeis.com/
• Why do companies allow their videos to be "embeddable" if they
have a copyright on them?
• I assume that if we don't hear back anything from a copyright
request that we cannot use it?