5. The U.S. Constitution
“The Congress shall have the power…to promote the
progress of science and useful arts, by securing for
limited times to authors and inventors exclusive Right
to their respective writings and discoveries.”
Article 1, Section 8
6. Copyright (Section 106)
Copyright protects “original works of authorship” that
are fixed in a tangible form of expression:
• literary works
• musical works
• dramatic works
• pantomimes & choreographic works
• pictorial, graphic, & sculptural works
• motion pictures & other audiovisual works
• sound recordings
• architectural works
7. Copyright is a bundle of rights
Rights are held by the OWNER of the work (not
necessarily the creator/author). Owners may:
• Reproduce - Make copies of their works publicly or privately.
• Adapt - Prepare additional works derived from their copyrighted work, (aka,
derivative works).
• Distribute - Disseminate copies of their works, to the public by sale or other
transfer of ownership, or by rental, lease, lending.
• Perform - Perform their work publicly (at location open to the public or to
persons other than close family and social acquaintances).
• Display - Display their work publicly (applies to all works except sound
recordings and architectural works).
8. Length/Term of Copyright
• Life of author plus 70 years
• Joint work – 70 years after last surviving author’s death
• Works made for hire – 95 years from year of first
publication or 120 years from year of creation, whichever
expires first
• Works published before 1923 are in the public domain
• Copyright slider to determine whether the work is in the
public domain -
http://librarycopyright.net/resources/digitalslider/
9. § 107. Limitations on Exclusive Rights:
Fair Use
Notwithstanding the provisions of sections 106 and 106A, the fair use of
a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research,
is not an infringement of copyright.
In determining whether the use made of a work in any particular case is
a fair use the factors to be considered shall include —
10. The Four Factors of Fair Use
• Purpose and character of the use: including whether such
use is of a commercial nature or is for nonprofit
educational purposes;
• Nature of the copyrighted work: Fiction vs. Non-Fiction.
Creative vs. Factual.
• Amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
• Effect on the potential market for or value of the
copyrighted work.
15. Open Educational Resources (OER)
• Curriki: http://www.curriki.org/
• #GoOpen: https://tech.ed.gov/open/
• Open Textbook Library: https://open.umn.edu/opentextbooks/
• OER Commons: https://www.oercommons.org/
• Open Education Consortium: http://www.oeconsortium.org/
• Much more information here: http://libguides.uta.edu/oer/educators
19. https://www.uta.edu/lynda
• Office + Productivity
Software
• Leadership +
Management
• Web Development
• Software Development
• Digital Lifestyle
• Marketing
• Information Management
• Photography
• Graphic Design
• Motion Graphics
• Video
• Art + Illustration
• Data Science
By using your NetID and password to login at
www.uta.edu/lynda you can access more than
2,500 training videos on a broad range of sub-
jects, including business skills, photography, de-
sign, music and video, home computing, anima-
tion, and web design and development. New
courses are added every week.
20. Final Thoughts
• Seek out “open” content (CC-licensed work, public domain)
• Follow standards of your discipline
• Maintain record of use of copyrighted materials (fair use checklist, attempts
to contact copyright owner, guidelines consulted)
• Always attribute the work of others
• Consider a CC-license when making your own content available on the Web
• Read more at http://www.theedublogger.com/2017/01/20/copyright-fair-use-
and-creative-commons/
This presentation is licensed under an Attribution 4.0 International license (CC-BY): https://creativecommons.org/licenses/by/4.0/ It was presented to students enrolled in UTA’s BEEP4306.
Question: What constitutes fair use?
Question: Are you a copyright owner?
What do you know about copyright? Today we’ll discuss four facts about copyright.
Fact 1: Copyright is a legal right granted by the US Constitution. It was intended as a limited-term monopoly to incentivize creation and innovation.
https://www.copyright.gov/title17/
Fact 2: Copyright is automatic when a work is fixed in a tangible form.
These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”
Some things may not be protected by copyright: ideas, symbols, ingredients and processes (recipes), ideas, phrases, names, titles, and slogans. However, other types of IP may apply (e.g., trademark, patent, or trade secret). Also, government documents are in the public domain.
Copyright happens automatically and without any further action on your part when you fix an idea in a tangible form. Example: lyrics on a bar napkin. Making the copyright ownership and status of work easily visible is a good idea but not legally required. Registration is a procedural necessity in order to litagate a copyright claim but this can be done at any point and costs money. It would indicate to the court that you were aware of your ownership rights and intended to protect them. But again, not necessary to establish copyright; the act of expression brought the copyright into existence.
Fact 3: Copyright is a bundle of rights that can be debundled.
Rights may be transferred in whole or licensed collectively or individually. Exclusive rights must be transferred in writing.
Fact 4: Copyright lasts a really long time-- continues beyond creator’s death.
Original Copyright Term:
1790 – 14 yrs. + 14 renewal (28)
Revisions:
1831 – 28 yrs. + 14 renewal (42)
1909 – 28 yrs. + 28 renewal (56)
1976 – life of author + 50 yrs. (fair use formalized, registration not required)
1998 – life of author + 70 yrs.
Source: http://www.arl.org/focus-areas/copyright-ip/2486-copyright-timeline
The Disney influence: Steamboat Willie (1928)
- set to expire in 1984
- 1976 changes set new expiration at 75 years (2003)
- 1998 changes set new expiration at 95 years (2023)
Copyright exists to protect the rights of creators, but this must be balanced with the public interest: Fair Use. Supreme Court recognizes fair use as a right rooted in the first amendment. Fair use prevents copyright holders from overzealous protection that would inhibit our ability to comment on and criticize copyrighted content to the detriment of society (remember purpose: to promote the progress of science and the useful arts).
Fair use is why you can legally own and operatate a DVR and why people can publish scholarly articles that quote other publicaitons.
Other examples:
Parady: Daily Show using Fox News clips
Text mining: Google Books digitzation project of library books (found to be transformative use – text to data – purpose to enable new forms of academic inquiry)
Fan fiction: creation of derivative works that are seen to have a positive impact on the market of the original
Repurposing art: Richard Prince pinning images cut from book to plywood (found to be transformative use – provided new expression, meaning, message)
For more examples, see “Fair Use in a Day in the Life of a College Student” infographic: http://fairuseweek.org/wp-content/uploads/2016/02/fair-use-in-a-day-in-the-life-of-a-college-student-infographic-feb2016.pdf
Fair use is a balance of four factors. The only way to *know* if your use is fair is to take it to court.
See Fair Use Checklist: https://copyright.columbia.edu/content/dam/copyright/Precedent%20Docs/fairusechecklist.pdf
How to find open resources:
First, we’ll discuss what we mean by “open.” Creative Commons provides alternatives to “all rights reserved” - http://creativecommons.org/about
Let’s practice. Slide from David Ernst’s “Open Textbooks” presentation at University of Texas at Arlington: https://www.slideshare.net/djernst/university-of-texas-at-arlington-72016692
Use the advanced search option. Some sites with “open” content are not licensed with Creative Commons but include licensing language that allows for less restricted uses. For example, http://www.freeimages.com/
"OER are teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that permits their free use and re-purposing by others. Open educational resources include full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge." The William and Flora Hewlett Foundation - http://www.hewlett.org/strategy/open-educational-resources/
How to cite open resources? The same way you cite any other resources.
Some places to look for help with APA citations.
How do you remix open resources?
UTA provides students access to Lynda.com. Use your net ID & password to log in at https://www.uta.edu/lynda
Read more about what we discussed today at http://www.theedublogger.com/2017/01/20/copyright-fair-use-and-creative-commons/
Questions?
Portions of these slides have been reproduced or modified from “Ethical Conduct of Research: Stewardship of Digital Information” by Ada Emmett and “Copyright & Scholarly Communication: The Digital (and Ethical) Difference” by Jennifer Church-Duran and Ada Emmett.