Copyright or Copyleft: Creative Commons Resources for Research and Teaching

CopyrightCopyright

This work is licensed under a Creative Commons Attribution Noncommercial Share Alike 3.0 License.

United States Congress, Article 1, United States Congress, Article 1, section 8 clause 8:section 8 clause 8:

Congress shall have power: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

Copyright LawCopyright Law

Copyright law protects creative works or works of authorship.

This includes books, newspapers and other writings, music, art, photography, films, choreography, architecture, computer software and maps.

Copyright law grants exclusive rights to the copyright owner, including:

Reproduction rights, distribution rights, right to creative adaptations or derivative works, performance and display rights.

Copyright law does not Copyright law does not protectprotect

•Facts

•Ideas – a work must be fixed in a “tangible medium of expression”

•Things which are in the public domain, either because the copyright has expired or because it was dedicated to the public domain

•Works created by US government employees, blank forms, laws and court decisions, recipes, words and most short phrases, and “common property” works such as calendars.

Obtaining copyright Obtaining copyright protectionprotection

Registration is not required, but:– You’ll need to register your work

before being able to enforce your claims in a court of law.

– If you have registered your work within the first 3 months of publishing, and you win a lawsuit, you may ask for your legal fees to be covered by the other party.

How to register your work– Request a registration form from the

Copyright Office, housed in the Library of Congress. Their website is http://www.loc.gov/copyright

– Return the form with the required filing fee and requested copies of the work. In 12-16 weeks you should receive a certificate of registration.

Copyright noticeCopyright notice

Additionally, though not required, it is a good idea to put a notice of copyright on your work.The notice contains either ©, or the word Copyright, or both, followed by the year of publication and the copyright owner. It might look something like this:

Copyright 2007 Jennifer DeJonghe

If the notice is visible on the work, a defendant may not use an “innocent infringement” defense.

Why have copyright?Why have copyright?Copyright law is designed to advance the progress of knowledge by protecting an author’s ability to profit from their creativity

Too little copyright protection could encourage “piracy” which may discourage artistic creation and would hinder the growth of knowledge

–Too much copyright protection could also freeze new authorship and hinder the growth of knowledge. Or it would put new knowledge only in the hands of the rich

Selling or transferring the rights to Selling or transferring the rights to your workyour work

The “Fair Use” exception to The “Fair Use” exception to copyright protection copyright protection

(section 107 of copyright code)(section 107 of copyright code)

Designed to encourage the advancement of knowledge and free flow of ideas

Allows use of copyrighted material without permission for educational and research purposes, news reporting and criticism in certain conditions and if the value of the copyrighted work is not diminished.

The following factors are considered The following factors are considered when Fair Use is claimed:when Fair Use is claimed:

1. The purpose and character of the use. The more “transformative” the work is, the more justified the fair use claim.

2. The type of work involved. More protection is given to works of fancy, and less to works of research and factual works.

3. The amount and importance of the material used – whether the material used reflects the “heart” of the work.

4. The effect of use on potential market.

Teach Act of 2002 (Technology, Education and Copyright

Harmonization Act)

The Value of the Public Domain

•When copyright protection on a work expires it becomes part of the public domain. •Many great works are now in the public domain, and you can adapt them, perform, use them in your film score etc. without paying for rights.

Copyright Term Extension Act (CTEA) Copyright Term Extension Act (CTEA) of 1998of 1998

Also known as the Sony Bono law or the Mickey Mouse Protection Act

Extended copyright protection by 20 years. Is now life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever endpoint is earlier

To determine when something goes into the public domain, you can use a chart here: http://www.copyright.cornell.edu/public_domain/

The Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) of 1998(DMCA) of 1998

The DCMA Increases copyright protection for works transmitted over the internet.If a copyright owner finds that their work is being used without

their permission and compensation, the website, the ISP, search engines etc. can all be served with DMCA takedown notices.

Search Engines, ISPs etc. are protected from liability, as long as they comply with the takedown requests.

The DCMA Criminalizes efforts to circumvent DRM technology.

DRM is technology that is used to protect copyrighted material online. It is used by iTunes, Netflix etc.

Criticism of the DMCACriticism of the DMCA

Some believe that it is too easy to make copyright challenges, and too difficult to fight a takedown notice.

Software research and cryptography may be stifled and DRM software may be uncompetititive due to the protections.

The DMCA undermines the “First Sale” doctrine of the US copyright act, which allows you to do what you choose with a purchased item – such as sell, copy, or print it.

Copyleft

http://commons.wikimedia.org/wiki/File:Copyleft.svg

http://creativecommons.org/

License Conditions

http://creativecommons.org/about/licenses

Licenses

AttributionAttribution Share AlikeAttribution No DerivativesAttribution Non-CommercialAttribution Non-Commercial Share AlikeAttribution Non-Commercial No Derivatives

http://creativecommons.org/about/licenses

http://search.creativecommons.org/

Searching for Creative Commons Resources

http://www.flickr.com/photos/k8s/3582824979#/

Images

Karin http://www.flickr.com/photos/nirak/2282406809/

Compfight

http://compfight.com/

Flickr: The Commonshttp://www.flickr.com/commons

http://www.flickr.com/photos/k8s/5100743175

Multimedia Resources

http://commons.wikimedia.org/wiki/Main_Page

Wikimedia Commons

ccMixterhttp://dig.ccmixter.org/

http://www.archive.org/details/opensource_movies

Community Video

Books

http://www.flickr.com/photos/k8s/4274927405/

http://wiki.creativecommons.org/Books

http://craphound.com/littlebrother/download/

http://www.zotero.org/

http://www.easybib.com/

Citation Management

Tools

http://www.flickr.com/photos/nikonvscanon/472167639/