Copyright Basics

Before we begin …
 This presentation provides basic information
about Copyright law. It is not meant to
provide legal advice.
Before we begin …
 If you wish to remain in compliance with
Copyright law, without question, you should
always follow the Classroom Guidelines
provisions.
What Copyright Protects …
 “Books, articles, photographs, paintings,
sculpture, software, websites, architecture,
pantomimes, ballets, music, sound
recordings, and even doodles, scribbles, and
graffiti.”
IUPUI Copyright Management Center
What Copyright Protects …
 Scope: Copyright can apply to any “original
work of authorship” that is “fixed in any
tangible medium of expression.”
IUPUI Copyright Management Center
Exceptions …
 Works that have not been fixed in a tangible
form of expression (for example,
choreographic works that have not been
notated or recorded, or improvisational
speeches or performances that have not been
written or recorded)
Exceptions …
 Facts, slogans, titles, simple phrases
(remember, Copyright is not the same as
Trademark)
 Ideas, procedures, methods, systems,
processes, concepts, principles, discoveries,
or devices
Exceptions …
 Works consisting entirely of information that
is common property and containing no
original authorship (examples – standard
calendars, height and weight charts, tables
from public documents)
Exceptions …
 Works with expired copyrights. (See chart for
copyright duration)
 Work that is copied as “fair use.” (More on
this in just a bit …)
When does Copyright begin?
 Automatic Protection: As soon as you create
an “original” work that is “fixed,” you get
copyright protection automatically.
 Copyright Notice: No longer required for
protection, but provides some legal and
practical benefits.
 Copyright Registration: No longer must be
registered with the U.S. Copyright Office to
be protected, but does provide some legal
and practical benefits.
IUPUI Copyright Management Center, Copyright Quick Guide.
http://www.copyright.iupui.edu/quickguide.htm
Fair Use …
 The Fair Use exemption was established "...to
avoid rigid application of the copyright statute
when, on occasion, it would stifle the very
creativity which that law is designed to
foster.”
 Codified in the Copyright Act of 1976 as 17
USC Section 107.
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.”
Fair Use …
In determining whether the use made of a work in any
particular case is a fair use the factors to be
considered shall include —
1. The purpose and character of the use, including
whether such use is of a commercial nature or is
for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for
or value of the copyrighted work.
Fair Use …
 Still an unsettled area of law
 Fair Use is a balancing test, not a black and
white list of rules
 Not meeting one of the four criteria does not
eliminate you from using this exception (but,
it does weigh against you)
Purpose and Character of Use …
 Do you intend to make a profit?
 Profit-making does not automatically

eliminate you if you are providing some

sort of public service
 If your creation is a “new” product, a

parody, for example, it may fall within fair

use
Nature of the Material Copied …
 The less “creative” the material is, the more
this favors fair use.
 Data and facts cannot be copyrighted

(presentation/format can be copyrighted,

however)
 The more “creative” the material is, the more
copyright comes into play.
 Probably the least important factor
Amount of Material Copied …
 The more you copy of a work, the less likely
it will fall into “fair use.” BUT
 Quantitative and Qualitative factors come into
play
 If one percent of a book comprises the
“heart” of the material, copying that one
percent is the same as copying the entire
work (example: 300 – 400 words copied
from President Ford's unpublished memoirs)
Amount of Material Copied …
It really depends …
 On the purpose of the copy, and

 The nature of the material

… which brings us to the most important factor

of all
What is the commercial effect?
 The extent of harm the copies have on the
artist's or author's market. How much have
sales of the original work been affected
because of competition from the copies?
 What is the market for the work? Parodies
have different markets than the original.
Some guidelines for minimizing
the commercial effect …
 Always consider whether copying harms the
market or sale of the copyrighted material
 Materials used in the class should include a
citation to the original source of publication
and a form of a copyright notice
 Consider whether materials are reasonably
available and affordable for students to
purchase—whether as a book, coursepack, or
other format
Some guidelines for minimizing
the commercial effect …
 Do not post any copies on the Internet with
open access. As an alternative, consider
posting the material on a closed or password-
protected site under the TEACH Act
 Avoid making copies for any commercial or
profit-making pursuit
 Materials found in WOU Library subscription
databases are “owned” by WOU – may use
w/o infringement
When in doubt …
 Try to obtain permission from the copyright
holder, or …

 Follow the Classroom Guidelines

The Classroom Guidelines …
 Were intended to be a “safe harbor,” a
minimum statement of fair use
 Generally so restrictive that if followed, use
would always be fair use
New additions to the law …
 Digital Millenium Copyright Act
 Passed in 1998

 The TEACH Act

 Deals with transmission of materials to

distance education audience

Digital Millenium Copyright Act …
 Makes it a crime to circumvent anti-piracy
measures
 Limits ISPs’ copyright infringement liability
 Limits universities copyright infringement
liabilities when they serve as ISP
 In return, an expectation to remove all online
materials that infringe on copyright
 Allows libraries to make archival copies of
materials
From the UCLA Online Institute for Cyberspace Law and Policy, The Digital
Millennium Copyright Act. http://www.gseis.ucla.edu/iclp/dmca1.htm
TEACH Act …
The Technology, Education, and Copyright
Harmonization Act

 Focuses on transmission of
performances/displays for distance
education audiences
 Sets criteria for instructors to follow
TEACH Act Checklist …
1. Avoid use of commercial works that are sold
or licensed for purposes of digital distance
education.
2. Avoid use of pirated works, or works where
you otherwise have reason to know the copy
was not lawfully made.

North Carolina State University Libraries, TEACH Act ToolkitI.

http://www.lib.ncsu.edu/scc/legislative/teachkit/
TEACH Act Checklist …
3. Limit use of works to an amount and
duration comparable to what would be
displayed or performed in a live physical
classroom setting.
4. Supervise the digital performance or display,
make it an integral part of a class session,
and make it part of a systematic mediated
instructional activity.
North Carolina State University Libraries, TEACH Act ToolkitI.
http://www.lib.ncsu.edu/scc/legislative/teachkit/
TEACH Act Checklist …
5. Use software tools provided by the university
to limit access to the works to students
enrolled in the course, and to prevent
copying and retention for longer than the
class session.
6. Notify the students that the works may be
subject to copyright protection and that they
may not violate the legal rights of the
copyright holder.
North Carolina State University Libraries, TEACH Act ToolkitI.
http://www.lib.ncsu.edu/scc/legislative/teachkit/
Getting Permission …
Print Materials - Contact publisher directly, or contact:

Copyright Clearance Center [www.copyright.com]

222 Rosewood Dr.
Danvers, MA 01923

 Expect to provide: title; author, book's date or

edition; portion of the book you want to copy;
standard number or ISSN, ISBN or LCCN
 The process is expedited online, even getting
permission nearly immediately in many cases. If the
CCC doesn’t have the title you are looking for, then
you must try and contact the publisher directly.