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LBRY 3020
Basic Copyright LawKelly VisnakKelly Visnak
Scholarly Communication LibrarianScholarly Communication LibrarianUniversity of Wyoming LibrariesUniversity of Wyoming Libraries
University of WyomingUniversity of Wyoming
AcademicLibraryPublisher
Editor
Peer Reviewers
CreationCreationManuscript & IP
DisseminationDisseminationPublication Publication (Registration (Registration and Certification)and Certification)
ReformulationReformulation
disruption:
Open Movement Open Movement
internetinternet
creationpublicationdisseminationreformulation Publishers
editor
Peer-reviewers
Libraries
Disaggregation of traditional system is in process…Disaggregation of traditional system is in process…
Fashion World an open culture of creative innovation = profit
http://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_free_culture.html
Johanna blakely on TED.comwww.ReadyToShare.org
What is copyright?What is copyright?Copyright is a bundle of rights:
The right to reproduce the workThe right to distribute the workThe right to prepare derivative worksThe right to perform the workThe right to display the workThe right to license any of the above to third parties
•
Who is an author?Who is an author?
3 scholars who do joint research and each write a section of an article.
A book author and her editor.A photographer and the person whose picture he
takes.A university librarian who writes a report for a
library association and is paid $1500.The PI whose name is listed on a published article
but who wrote no part of it.
Who is the copyright holder?Who is the copyright holder?
The creator is usually the initial copyright holder.
If two or more people jointly create a work, they are joint copyright holders, with equal rights.
With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.
How?How?
• You used to need a little c in a circle © and to register your work with the copyright office.
• Not anymore.
• Copyright exists from the moment of creation, and lasts for the life of the author plus 70 years.
• Copyright just happens.
Requirements for protectionRequirements for protection
An original work of authorshipCreativity (just a dash)Fixed in a tangible medium of expression
What copyright protectsWhat copyright protects
Copyright protectsWritingChoreographyMusicVisual artFilmArchitectural works
Copyright doesn’t protect… Ideas Jokes Facts Recipes Titles Data Useful articles (that’s patent)
As run the sands of time,As run the sands of time,
The bundle of copyrights lasts a long time:
Life of the author plus 70 years For joint works, 70
years after death of last author For works for hire or anonymous works, 95
years from publication or 120 years from creation, whichever expires first.
Quick review…Quick review…
Protection is automatic once a work is fixed
Very little creative originality is necessary
Registration is not necessary
Joint authors each have equal, full copyright
Fair UseFair Use
• There is no easy formula for determining fair use, but there are four factors to consider:
1) The nature of the work (factual, creative)
2) The purpose of the use (educational, for-profit)
3) Amount of the work being used
4) The potential impact of the use on the market for the original.
Fair Use is a statutory exception that allows the use of a copyrighted work for certain purposes without requiring permission. (See 17 USC § 1075).
TOOLS
call: 1-650-372-9934
• Know what you can dohttp://www.knowyourcopyrights.org/bm~doc/kycrmatrixcolor.pdf
Fair Use Visualizerhttp://www.benedict.com/Info/FairUse/Visualizer/Visualizer.aspx
Digital Copyright Slide Rulerhttp://www.librarycopyright.net/digitalslider/
Using Copyrighted Works
It is against the law to reproduce copyrighted materials, in full or in part, without previous permission of the copyright owner.
If you need to include copyrighted source materials in your document, you must obtain written permission from the copyright owner prior to its use.
•Note: Copyrighted materials include: tables, charts, graphs, maps, questionnaires, illustrations, photographs, literary works, etc.
Best Practice: •Add an appendix to your document
• Showing the written permission you’ve secured from the author or publisher
Author Rights in PublishingAuthor Rights in Publishing
Giving away copyright?Giving away copyright?No need!No need!
Licensing allows specific rights to be retained:• Authors keep copyright and license other rights (e.g., first
publication)
• Publishers take copyright and license rights back (e.g., reproduction, derivatives)
Copyright can be transferred only in writing Addenda can be added to publication agreements to
open the door for negotiating rights retention
Bundled vs. UnbundledBundled vs. Unbundled
Rights publishers traditionally want:• Reproduction, distribution, derivatives…ALL!!
Rights publishers actually need:• Right of first publication…that’s it, really
Specific rights can be bundled or unbundled by licenses (e.g., Creative Commons) or addenda (e.g., SPARC) or negotiation
Open Access publishers usually do not require full transfer of copyright
““If…then” – the secrets of reuseIf…then” – the secrets of reuse By the author
• If full rights retained, then limitless (within confines of law, that is)
• If some rights retained, then within limits of negotiated rights
• If no rights retained, then fair use only By others
• If published open access, then freely accessible – and possibly more
• If published under a Creative Commons license, then within limits defined by the license
• If published traditionally, then fair use only
It is your Right to Modify the It is your Right to Modify the Publishing AgreementPublishing Agreement
• Distribution on campus• Distribution off campus• Archiving on website• Archiving in repository• Derivative creation• Performance• Display
• Save a copy of your agreement.
Take home pointsTake home points
We all own copyright until we sign it awayContracts are negotiable, including publishing
contractsThink ahead to how you might want to use your
workExperimentation via CC licenses, attaching
addenda or negotiating isn’t scary and doesn’t negate peer-review prestige
•
•
This work was created by Kelly Visnak for University of Wyoming Libraries, February 2013 with use of slides and support information created by Lee Van Orsdel, Molly Keener and Sarah L Shreeves for the ACRL National Conference, Scholarly Communications 101
Workshop and then updated by Molly Kleinman and Kevin Smith in March of 2010.
• This work is licensed under a Creative Commons Attribution Non-Commercial Share Alike 3.0 United States license: http://creativecommons.org/licenses/by-nc-sa/3.0/.
