Copyright in Academia
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For MSU Libraries workshops | Preparing Future Faculty series, Fall 2016: Discusses issues of copyright, fair use, and authors' rights along with real-world examples.
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Copyright in Academia
Editor's Notes
- Image: Slide 30 of http://www.slideshare.net/ALATechSource/copyright-for-k12-librarians-and-educators
- Moment something is “fixed in a tangible medium of expression.” Raise your hand if you’re a copyright holder. We all have more copyrights than we know what to do with, and the vast majority of those will never be profitable. And that’s okay, but it makes for a confusing system. Orphan works. Because copyright lasts so long, there are many many works for which the copyright holder is difficult or impossible to locate. This is especially true of many visual works like photographs, where the photographer’s name may never have been on the photo at all.
- Copyright protects creative works. Patent protects useful articles.
- Moment something is “fixed in a tangible medium of expression.” Raise your hand if you’re a copyright holder.
- In academia, there is often an emphasis on the first author - that’s the person who will sign the contract, or be considered the primary owner of the work. In fact, from a copyright standpoint, as long as a contributor added some element of written work, that contributor is an equal © holder. It’s important to understand the way copyright holdership works both for yourselves as creators, and for situations when you want to use someone else’s work. For published work, the most likely copyright holder is the publisher. Usually there’s a copyright notice that indicates as much.
- Trademarks don’t expire = why Mickey Mouse isn’t in Public Domain, even though by Copyright it would be…
- Image: Slide 12 of http://www.slideshare.net/ALATechSource/copyright-for-k12-librarians-and-educators
- Hope images: http://www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fair_use_vs_faireys_use.html Sheppard Fairey – using photograohs without attribution – used Associated Press’ Manny Garcia’s photo Went to court – faire use exception for transformative works - impactful Also didn’t do it for commercial purposes, non profit Similar to andy warhol and mariylyn monroe image Jim Morrison images: http://waxy.org/2011/06/kind_of_screwed/ Invader / Joel Brodsky photo
- Follow the 10% rule for text, music, video, poems, lyrics, collections of images, datasets, etc. (if you remember nothing else, remember this!)
- Followup question: Can I post chapters and articles on BlackBoard/Moodle (CMS)?
- I’m not a lawyer; this is not legal advice.
- Moment something is “fixed in a tangible medium of expression.” Raise your hand if you’re a copyright holder. We all have more copyrights than we know what to do with, and the vast majority of those will never be profitable. And that’s okay, but it makes for a confusing system. Orphan works. Because copyright lasts so long, there are many many works for which the copyright holder is difficult or impossible to locate. This is especially true of many visual works like photographs, where the photographer’s name may never have been on the photo at all.
- Not all rights have to be given away: copyright rights can be broken apart
- Addenda are added to copyright transfer agreements and essentially revert rights to the author that he or she desires; lots of examples: SPARC Author Addendum, Scholar’s Copyright Addendum Engine, CIC consortium Publishers don’t really like addenda, but at least is opening for negotiation
- Addenda are added to copyright transfer agreements and essentially revert rights to the author that he or she desires; lots of examples: SPARC Author Addendum, Scholar’s Copyright Addendum Engine, CIC consortium Publishers don’t really like addenda, but at least is opening for negotiation