The program will begin promptly at 11:00 am ET

THANK YOU FOR JOINING ISMPP U TODAY!

February 26, 2014

ISMPP  WOULD  LIKE  TO  THANK.  .  .  

.  .  .  the  following  Corporate  Pla@num  Sponsors  for  their  ongoing  support  of  the  society  

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ISMPP ANNOUNCEMENTS

•  Registration is now open for the 10th Annual Meeting of ISMPP 2014, Leading Through Collaboration, taking place April 7-9, 2014, at the Hyatt Regency Crystal City in Arlington, Virginia, USA. Early bird pricing expires Friday, February 28th

•  Members who earned their ISMPP CMPP™ certification in 2009 are reminded to submit an application to recertify by September 30, 2014

•  ISMPP would like to wish the best of luck to those taking the March CMPP exam; the next round of exams will be in September 2014

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COPYRIGHT CHALLENGES IN THE DIGITAL AGE:

A PERSPECTIVE FROM COPYRIGHT CLEARANCE CENTER

Speaker: Christopher Kenneally Moderator: Lisa Baker, PhD, ISMPP CMPPTM

TODAY’S PRESENTER

Christopher Kenneally Director, Business Development Copyright Clearance Center www.copyright.com chrisk@copyright.com

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INTRODUCTIONS

•  Speaker: Christopher Kenneally is Director of Business Development for the non-profit Copyright Clearance Center (CCC). Among other responsibilities, he is host for CCC’s weekly podcast series, Beyond the Book. An award-winning journalist and author of Massachusetts 101 (Applewood Books), Kenneally has reported for the New York Times, Boston Globe, Los Angeles Times, The Independent of London, and WGBH-TV (Boston).

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INTRODUCTIONS

•  Moderator: Lisa Baker, PhD, ISMPP CMPP™ is Principal Medical Writer and Team Lead at The Envision Pharma Group, a publication planning agency. She received her PhD in research psychology from McGill University and has been a medical writer since 2006. Lisa’s work has included publication development and strategic publication planning for varied clients and therapeutic areas. She is an ISMPP Certified Medical Publication Professional™ (CMPP), a member of the ISMPP U committee and a former member of the ISMPP Standards and Communications committees.

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DISCLOSURES

•  The information presented reflects the personal knowledge and opinion of the presenters and does not represent those of their current or past employers or those of ISMPP

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AGENDA

•  Intellectual Property •  US Copyright Law •  Clearing Up Confusion •  Copyright Across Borders •  Convention Principles •  Global Considerations •  You May Need Permission •  Copyright Infringement •  Q&A

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OBJECTIVES

•  At the end of this session, participants should be able to: – Identify a copyright holder’s privileges and obligations

under U.S. copyright law – Evaluate potential exceptions to copyright protection – Assess when copyright permission may be necessary – Recognize what may be an infringement of copyright

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INTELLECTUAL PROPERTY

•  A product of the human intellect that has commercial value

► Types of Intellectual Property § Trademark § Trade secret § Patent § Copyright

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U.S. COPYRIGHT LAW

•  Protects the rights of authors of “original works of authorship”

•  Covers published and unpublished works •  Grants copyright holders exclusive rights

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COPYRIGHT OWNERSHIP

•  Initially property of the author – Employer is author of works done within the scope of

employment and of certain types of commissioned works (works-for-hire)

•  Secured automatically when the work is created and fixed in a tangible form

•  Rights can be transferred in whole or in part

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COPYRIGHT DURATION

• Works created on or after January 1, 1978 – From the moment of creation until 70 years after author’s

death

• Works-for-hire, anonymous, pseudonymous works – 95 years from publication – 120 years from creation

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PROTECTED BY COPYRIGHT

• Written works • Images • Sound recordings • Software

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• Motion films • Music • Sculpture • Dance

NOT PROTECTED UNDER COPYRIGHT

• Works that are not fixed • Titles, names, slogans • Ideas, facts, data • Lists of contents or ingredients • Public domain

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PUBLIC DOMAIN

•  Refers to a work that is no longer protected or never was protected by copyright

•  Works in the Public Domain – Works produced by the United States government

• When used in the U.S. – Copyright lapsed because a work was published

•  Before 1923 •  Between 1923 and 1963, and failed to register or renew copyright

registration •  Prior to 1989 and failed to include copyright notice

– Works gifted to the public domain

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COPYRIGHT NOTICE

•  Not required, but recommended •  Copyright registration not required to display the copyright

symbol

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•  Creates a searchable public record •  Required to sue for infringement

COPYRIGHT REGISTRATION

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DIVISIBILITY OF RIGHTS

•  Bundle of rights •  Each “stick” may be separately transferred •  Transfers may be in whole or in part •  Infinitely divisible

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TRANSFER OF RIGHTS

•  Exclusive – Written license of rights – Assignment of rights

•  Non-exclusive – License of rights

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§ 109 FIRST SALE DOCTRINE

•  Allows sale and transfer of that physical copy •  Ownership of the physical copy does not equal

ownership of copyright •  Transferring ownership of the item does not

transfer copyright

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FAIR USE

•  A limitation on the requirement that works protected by copyright cannot be used without permission

•  Defense to a claim of copyright infringement, not an exception to copyright compliance

•  Attempts to balance rights of copyright holders with needs of the public

•  Determined by the “four factors”

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FAIR USE FACTORS

1.  Purpose and character of the use 2.  Nature of the copyrighted work 3.  Amount and substantiality of the portion used 4.  Effect of the use on the market

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DIGITAL CONTENT & COPYRIGHT

•  Any non-digital content that is protected by copyright is also protected in a digital form – A print letter and an email letter

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CLEARING UP CONFUSION

•  Physical ownership of a copyrighted work is not the same as owning the copyright to that work

•  Attribution is not a substitute for copyright permission •  Public Domain does not mean “publicly available” •  Copyright applies to print and digital content

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COPYRIGHT ACROSS BORDERS

•  No defined body of international copyright laws •  Laws vary by country •  Operates on the basis of relations between nations

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BERNE CONVENTION PRINCIPLES

•  Territoriality – Country specific laws cover all content use in that

country •  National treatment

– Foreign works and rightsholders are treated the same as domestic works and rightsholders

•  Minimum protection – Standard requirements for copyright protection and

for “users rights”

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GLOBAL CONSIDERATIONS

•  Permission to use a copyrighted work in the U.S. does not extend to uses outside of the U.S.

•  Permission to use the English version of a copyrighted work is limited to the English version of that work

•  Permission to use the English version of a copyrighted work does not give you permission to translate that work into any other language

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YOU MAY NEED PERMISSION

•  Creating or distributing a photocopy or digital copy •  Displaying a digital or paper copy, or posting online •  Storing a digital copy on a database, internal network

drive, or intranet

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COPYRIGHT INFRINGEMENT

•  Unauthorized use of copyrighted material in a manner that violates the copyright holder’s exclusive rights

•  Cost of infringement – Monetary damages – Injunctions – Criminal liability

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NEW! OPEN ACCESS RESOURCE CENTER

2/25/14

www.openaccessresources.org

Open Access Trends Shift Daily Staying Informed Has Never Been Easier Get the latest on OA in one location:

•  News •  Reports •  Websites •  Whitepapers •  Webinars

Broken down by region

•  Asia •  Middle East and Africa •  Pacific Rim •  The Americas •  UK and Europe

MEET THE OPEN ACCESS CHALLENGE

OA is Changing the Business of Publishing Funders require compliance with mandates. Authors want a rewarding user experience.

What should publishers do? CCC has the answer: RightsLink Learn more at copyright.com/openaccess

A PROVEN SOLUTION

QUESTIONS......

To ask a question, please type your query into the ‘Q&A’ chat box at the bottom left of your screen. Every attempt will be made to answer all questions.

THANK YOU

Christopher Kenneally Director, Business Development Copyright Clearance Center www.copyright.com chrisk@copyright.com

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NEXT  ISMPP  U  PRESENTATIONS  

•  Date: March 12, 2014 •  Topic: Executive Committee report •  Presenters: Al Weigel (ISMPP), Lorna Fay (Pfizer), Alice

Choi (CMC) •  Moderator: Manon Boisclair (Celgene) •  Date: April TBD •  Topic: Publishing negative study results •  Presenters: Rebecca Lawrence (F1000 Research), John

Overbeke (Past President, WAME) •  Moderator: Neil Adams 37

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