College of Dentistry Fall Faculty Forum

Oct. 27, 2011

FACULTY COMMUNICATIONS:

ISSUES IN FAIR USE, INTELLECTUAL PROPERTY AND SOCIAL MEDIA

Fair Use

Intellectual Property Policy

FACULTY COMMUNICATIONS IN

THE CLASSROOM

“Original works of authorship fi xed in any tangible medium of expression” Print – articles, books, newspapers, sheet music Non Print – software, movies, photos, sculpture Internet – blogs, podcasts, web pages

Bundle of Rights – reproduce, copy, distribute, publicly perform, create derivatives, publicly display

Exceptions Public Domain – works of federal government; pre-1923 works;

the Internet is not Public Domain! Non-Copyrightable Works – facts, ideas Performance or Display in Teaching (Classroom and Online) Face to Face Teaching – display or perform works Online Teaching – limitations; reasonable and limited portions

of AV works Fair Use

COPYRIGHT DEFINED AND EXPLAINED

Purpose and Character of the Use

a) Educational vs. Commercial

b) Transformative vs. Reproduction

c) Spontaneous vs. Repetitive

Nature of the Copyrighted Workd) Technical vs. Artistice) Factual vs. Imaginativef) Published vs. Unpublished

Amount and Substantiality of the Portion Useda) Small amount vs. Larger

quantity than needed to meet pedagogical objective

b) Selection is or is not considered “heart of the matter”

Eff ect of the Use on the Marketc) Copying viewed as alternative

to students purchasing original work?

d) Ready market for the original?e) Avoiding payment of royalties?

FOUR FACTORS OF FAIR USE

USING COPYRIGHTED WORKS: PRINT

In Class Online

May photocopy reasonable quantities of print works for distribution in class – guidelines are NOT the law

May include quotes in lecture slides

“Last minute” copies

Use a link to the work whenever possible URLs not copyrighted License/contract

restrictionsIf posting copies of a

work, must restrict to students in course and remove at end of the course

USING COPYRIGHTED WORKS: NON PRINT

In Class OnlineMay perform or display

entire works in a face to face teaching setting. Network television recording

rules – must be viewed within 10 days; cannot delete out commercials (cable or satellite – check with channel)

“Home Use Only” Do not burn copies for

students!May embed short clips into

lecture slidesBe wary of YouTube (or any

potentially illegal copy)

Only reasonable and limited portions of dramatic works (e.g. movies) may be digitized and streamed – must be on secure site, limited to students in course

Link to free, legal streaming content or encourage students to make use of legal streaming services

USING COPYRIGHTED WORKS: INTERNET

In Class Online

Content found online is also protected by copyright – evaluate same as any other print or non print work

Be wary of copying images or video – are the originals legal copies?

Can always share links – beware of deep linking

Be wary of infringing content – don’t copy what is already illegal

Utilize creative commons or public domain works

INTELLECTUAL PROPERTY OF OTHERS

Using Student Created works – students own copyright in their works and must secure their permission before reusing or posting online

Instructional materials – UF may have a property interest in these Policy: www.research.ufl .edu/otl/pdf/ipp.pdf

Under Section C.2 of the Policy, “University supported works” are property of the University. Section C.1.g defi nes “university support” as the use of University funds, personnel,

facilities, equipment, materials, or technological information, and includes such support provided by other public or private organizations when it is arranged, administered, or controlled by the University.

Development of online courses utilizes many University resources included within defi nition of “University support”

Thus, copyright in online courses held by University

General Counsel’s Copyright FAQ: http://www.generalcounsel.ufl .edu/faq/Copyright.pdf Page 7 – “What is a Work for Hire?”

“A Work for Hire is a work prepared by an employee in the course of his or her employment. In general and unless some other arrangement has been made, the employer, not the employee, owns the copyright in a Work for Hire.”

“At the University of Florida, the copyright for a work which is created in the fi eld or discipline in which the creator is engaged by the University or is made with the use of University support, is owned by the University.”

Publications

Social Media Policy

FACULTY COMMUNICATIONS IN

THE COMMUNITY

Traditional publication agreements Transfer of all rights to publisher Impedes author’s ability to use content in later publications

and in teaching May hinder dissemination of research and collaboration

How to negotiate publication agreement Doesn’t have to be all or nothing – copyright law permits

unbundling of rights Author Addendums

SPARC - http://www.arl.org/sparc/bm~doc/Access-Reuse_Addendum.pdf

ScienceCommons - http://www.sciencecommons.org/resources/faq/authorsaddendum

Research publishers and fi nd a “good fi t” SHERPA ROMEO and JULIET - http://www.sherpa.ac.uk/ Publish in Open Access journals

RETENTION OF RIGHTS AS AUTHOR

What is “Open Access” – Free access, without restriction, to scholarly content via the

Internet It is not granting permission for others to use or steal your

work in contradiction to your rights.Why is OA Important?

Cost of scholarly journals Preserve access to locally created knowledge Dissemination of knowledge to all – encourages study,

collaboration, research, and production of new scholarshipThings to Consider

How to locate open access journals in your field – Directory of Open Access Journals – http://www.doaj.org

Benefits of publishing in an open access journal. Recognition by tenure units of publication in open access

journals

OPEN ACCESS

Applies to all forms of social media (Facebook, Twitter, YouTube, blogs, etc.) Applies to activities outside of work hours Applies to personal as well as offi cial accounts

Makes punishable use of social media in ways that violate local, state and federal law. FERPA – do not disclose or release student or applicant information via

social media HIPAA – do not release patient information, including video and

photographs, via social media even if it has been de-identified Do not provide medical advice or information through social media even if

requested by a patient Intellectual Property – unpublished research data or unprotected intellectual

property may not be released in a way that impairs patent protection or violates terms of a grant or contract

UF Affi liation Misrepresentation – those affi liated with UF may not portray themselves as

acting on behalf of the university or any part of it or present a social media account as an offi cial account without authorization

Offi cial accounts – through University Relations (http://www.urel.ufl .edu/marketingCommunications/socialMedia/)

UF SOCIAL MEDIA POLICY

QUESTIONS?

Contact Information:Christine Ross, christine.ross@ufl.edu, 273-2710

Twitter: campuscopyright & UFScholCommBlog: http://campuscopyright.wordpress.com