Copyright Essentials Copyright Essentials for Students and for Students and

EducatorsEducators

Copyright Essentials Copyright Essentials for Students and for Students and

EducatorsEducatorsBeth MalapanesBeth Malapanes

696-5711696-5711

bmalapan@amphi.combmalapan@amphi.com

4/11/064/11/06

Cowardly (but important) Disclaimer• I am NOT an attorney!

• This is NOT legal advice!!!!

Book: *Complete Copyright: An Everyday Guide for Librarians by Carrie Russell © 2004. Available from the American Library Association

*Creative Commons License to copy for non-profit and create derivative works

• My first day as a librarian, the principal called on me in front of the entire faculty to answer a copyright question, so I was motivated to learn

• You will find, most lawyers know very little about copyright because it’s not their specialty, so don’t depend on them. EDUCATE YOURSELF!

Why Copyright is Tricky• Copyright Law vs. Fair Use Guidelines• Even experts have different

interpretations• Ignorance of the law is no defense, but

the good news is that you are exempt from statutory fines if you can prove you had reasonable grounds for fair use

• They don’t cover this in school

Why You Should Care About Copyright

• Library users assume librarians are the experts on copyright

• The law addresses a lot of what librarians do: circulation, ILL, public performances, preservation, fair use

• Social Responsibility- Balance the protection of intellectual property and the freedom of information

What You Can Do• Make time to become educated

about copyright law and district policy

• Avoid becoming the “Copyright Cop”– The law does not require it– Responsibility for identifying

infringements lies with the copyright holder

• Avoid the urge to immediately say yes or no– Copyright is interpretive. This makes

your job more difficult and even more essential

Remember:

“The goal is not to stifle the use of copyrighted works but to stimulate the lawful access and use of copyrighted works to learn and build new knowledge.”

But what if students and teachers are clearly violating copyright law? What do you do?

• Educate them from an ethical perspective (even if it is for teaching, copying is still not ok in certain instances.) Students can relate to the issues of music and movie piracy.

• Be a role model

• Give them a copy of the policy

• Give them a chance to change

• If willful infringement still occurs, some librarians believe they have the ethical obligation to suspend borrowing privileges or report to higher authority

But, Remember…• Be consistent

• Don’t be afraid to say, “I don’t know, but I’ll find out.”

• Don’t be afraid to correct your past mistakes

• Copyright is a very murky issue and is always changing

• Make it your intention to educate students and teachers. GET THE WORD OUT. Most infringement is unintentional.

Copyright Myths 

• It’s ok to copy if it’s for education • If it doesn’t have a © copyright statement,

it’s not copyrighted

• Most materials on the World Wide Web are free for the taking

• If I buy a legal copy of a book, recording, etc., I can make legal copies

A Little History…“The founding fathers believed that

authors and inventors would be more likely to create new works if they were given an incentive. Congress established a set of exclusive rights that gave copyright holders the sole right to reproduce and market their work to the public for ‘limited times.’

During the term of copyright, copyright holders would have no competitors in the market for their particular copyrighted works.”

The original purpose of copyright law was to advance learning.

Only the owner of the copyright has the right to authorize the following:

Copyright Revision Act of 1976

    [effective January 1, 1978] 

  1. Prepare derivative works (copyrightable work based on an existing work, including format changes)

2. Distribute copies for sale, rental, or lending3. Reproduce in copies or phonorecords (sound

recordings) 4. Public performance 5. Public display6. Perform publicly by digital audio

transmission

Types of Works Covered 

• Literary • Musical • Dramatic • Pictorial, graphic • Sculptural • Motion pictures • Audiovisual

• Sound recordings • Pantomimes and

other choreographed

• Architectural • Computer

programs • Web sites

What’s Necessary for Copyright? 

• Must be an “original,” “creative” work

-An original arrangement of facts or a compilation can be copyrighted

• Must be in a fixed format-For example, when it is written

on paper, saved to disk, recorded on tape, or painted on canvas. If you can't find a copyright notice, assume that the material is protected by copyright

When is a Work Copyright Protected?

• Copyright protection begins as soon as an original work is fixed in a tangible medium of expression

• Registration is NOT required • Publication is NOT required • Copyright notice, ©, is NOT

required for works created after 3/1/89

The Internet & Copyright • Material may or may not be

copyrighted • Copyright notice is NOT required • Works found there may be on

illegally • Derivative works may be infringing • General belief is that everything

on the Web must be free

Posting Material on the Internet 

• Copyright applies to all types of materials (text, music, images, etc.)

• Owner does not necessarily own the copyright

• Most situations need permission

Registering Your Work

©• http://www.loc.gov/copyright• Fee is $30.00• You cannot sue someone for

infringement if your work is not registered

• You can sue for compensatory and statutory damages

Why Should Anyone Care? 

• Substantial monetary damages can be awarded (actual damages; profits) to be paid by you and the district

• Statutory damages ($750-$30,000 and up to $150,000 if the infringement was willful)

• The infringing use enjoined• Attorney’s fees

Duration of Copyright

Before 1923 None In public dom.

1923-1978 Pub. w/o note In public dom.

1978-3/1/89 Pub. w/o note In public dom.

1978-3/1/89 Pub. w/o note but with subsequent registration

70 years after death of author, or if corporate author, the shorter of 95 years from pub. or 120 years creation

1923-1963 Pub. with note but copyright not renewed

In public dom.

1923-1963 Pub. with note and copyright was renewed

95 years after publication

1964-1978 Pub. with note70 years after death of author, or if corporate author, the shorter of 95 years from pub. or 120 years creation

1978-3/1/89 Pub. with note70 years after death of author, or if corporate author, the shorter of 95 years from pub. or 120 years creation

After 3/1/89 None70 years after death of author, or if corporate author, the shorter of 95 years from pub. or 120 years creation

Time of Publication US Conditions Status

Now That Could Drive You Crazy…

• Since 1978, copyright holders can no longer renew copyright

• The US Copyright Office has records of registered and renewed copyrights, though they are not complete due to changes in the law

• An out-of-print book does not mean it is no longer copyright protected

What is Not Protected? • Ideas, facts, concepts, or discoveries• Titles and names (These may be protected by

patent or trademark.)• Works that are not fixed in a tangible form of

expression such as improvised speech or dance

• Works consisting entirely of information that is commonly available and contains no originality

• Anything written or created by the US government produced by its employees

• Works in the public domain

The Public Domain—Way Cool for Teachers

• Once materials are in the public domain, anyone can exercise a right of copyright without prior permission

• New revenue can be generated for whoever publishes it

• Anyone can make multiple copies or publish to the Web without fear of litigation

How Do I Find Works in the Public Domain?

• Project Gutenberg http://www.promo.net/pg/

• E Text http://etext.lib.virginia.edu/collections/languages/english/

• American and English LiteratureOnline Books for Educators http://falcon.jmu.edu/~ramseyil/online.htm

• University of Pennsylvania Online Books Page http://onlinebooks.library.upenn.edu/

• Bibliomania http://www.bibliomania.com/

• Knowledge Rush Online Books http://www.knowledgerush.com/

• Public Domain Information Project-Access to Public Domain Music and Songs http://www.pdinfo.com/

• The Choral Public Domain-Free Choral Sheet Music http://www.cpdl.org/wiki/index.php/Main_Page

Luckily, Libraries, Archives, Students, and Teachers

Have Special Exemptions…

• Section 107-“Fair Use”• Fair Use Guidelines• Section 108 and 6108(h)- Library Making

Reproductions of Copyrighted Works• Section 109-First Sale• Section 110-Public Performance

Copyright Exemption #1 Fair Use

There are no “bright-line rule” to determine fair use

Apply the Four Factors1. Purpose-commercial or non-profit2. Nature-nonfiction or fiction3. Amount Used-small, large, essential

portion4. Effect-Upon the potential market for

value of the copyrighted work

Personal Fair Use• An individual can make a copy of a

lawfully obtained copyrighted work for his/her own personal use– Copies of tapes, LP’s, CD’s– Music compilations– Taping television programs

Copyright Exemption #2 Fair Use Guidelines

• Not law; not the same as “Fair Use”• Created at the request of Congress• Minimum standards as opposed to

maximum standards• Guidelines do not provide safe harbor

against litigation

• Guidelines are long and have been added to in subsequent years to address the educator’s need for information balanced with the authors’ rights to compensation

• Post charts for educators http://www.halldavidson.net

and give administrators a separate one

http://siia.net/piracy

Copyright Exemption #3Libraries Making Reproductions

• Post guidelines near self-service copiers to limit the library’s liability

• See pages 31-35 of Complete Copyright: An Everyday Guide for Librarians by Carrie Russell

Copyright Exemption #4

First Sale Doctrine• First sale is a limitation of the

copyright holder’s right to distribute work

• Without this exemption, libraries would be unable to lend books, CD’s, videos, or other materials to patrons

• People are able to resell, lend, or donate lawfully acquired personal copies

• First Sale Doctrine does not apply to licensed works • First sale of digital works is

controversial because copies can be checked out and retained on home computers

• Libraries need to educate patrons that these programs must be removed from home computers

Copyright Exemption #5Public Performances

• Displays can be made in the course of face-to-face instruction that is directly tied to the curriculum

• Can be broadcast on closed-circuit systems to other classrooms in the school studying the same thing

• Cannot be used for reward or filler unless purchased performance rights

Copy must be legally obtained

TEACH Act • Technology Education and

Copyright Harmonization Act of 2002

• Addresses transmitting digital materials to students in distance situations

• Pages 46-51 in Complete Copyright: An Everyday Guide for Librarians by Carrie Russell

Digital Millennium Copyright Act of 1998

• Protects online service providers from liability of infringement

• Allows libraries to make up to 3 reproductions for replacement or preservation

• Copyright holders can deny access to digitized materials

• Cannot circumvent technology protections

Getting PermissionYou Need It For:

• Repetitive copying• Anything not covered by “Fair Use” that

is protected by copyright• Copying for profit• Consumable works (workbooks,

standardized tests)• Anthologies as basic text for a course• To post material (not a link) to the Web

that’s copyright protected

Write for PermissionSample Letters

• http://www.utsystem.edu/OGC/INTELLECTUALPROPERTY/permmm.htm

• http://www.librarylaw.com/perm.htm