Copyright, Fair Use, & the Internet 2003

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Copyright, Fair Use, & the Internet 2003 Outline

Presume EVERYTHING IS OWNED [copyrighted, patented, trademarked] by someone.

Only the owner can copy distribute perform display or make a derivative work.

“FAIR USE” LETS YOU USE OTHERS’ WORKS…

…BUT NOT VERY MUCH, AND NOT FOR VERY LONG.

Sometimes you need to ask permission …ahead of time.

What is Copyright? • Copyright laws grant exclusive rights to the owners of an original work • Such as: – Literary, musical, artistic A set of EXCLUSIVE RIGHTS

Basis for Copyright A little history… • “To every cow, her calf.” An Irish king in settling property rights in a manuscript. • In the mid – 15th century with the invention of the printing press, laws were passed in London to control the presses – and what was printed – Authors lose rights at first printing…

Basis for Copyright A little more history… • By 1694, these same printing institutions wanted Parliament to grant them rights in perpetuity…so, between the 16th and 17th centuries, controlling print content became control of print.

Basis for U.S. Copyright • In the early 18th century, authors are again considered – They are given a 14 year exclusive term and the opportunity to renew for an additional 14 years, if they are still living… Statute of Anne: 1710 Was the model for U.S. Constitution, Article 1, Section 8.

Basis for U.S. Copyright Constitution, Article I, Section 8: • “The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” • Title 17 of U.S. Code – Federal Copyright Law

Copyright… • Work Must Be: – Original expression– Fixed in a tangible form • Begins: – At the moment original work is fixed– Example: Graphic created in PhotoShop is protected as soon as saved to disk.

Protected Works • Literary• Musical• Dramatic• Pantomime• Pictorial, Graphic, Sculpture• Audio Visual• Sound Recording• Architectural

Non-Protected Works Cannot be Copyrighted • Ideas• Facts• Titles• Names• Short Phrases

Public Domain • Non-Protected Works• Anything published before 1923• Federal Government Works

Protected Rights of Copyright Owner are: • Reproduction – making copies• Derivatives – translations etc.• Distribution – passing copies…• Public Performance – music etc.• Public Display – 2D & 3D art

Registration & Notice • Copyright can be registered • Notice may be placed on work – ©• Neither are required for a work to be protected

Statutory Exceptions • Fair Use (§107)• Libraries & Archives (§108)• Exemptions of certain performances & displays (§110)

What is Fair Use? Four Factors from §107 of the 1976 Copyright Act: 1. Purpose2. Nature3. Amount4. Effect

The Four Factors and… Real Life Situations• YOU are a rightsholder!• Web pages/Course web sites• Plagiarism• File Sharing

What is Fair Use? Four Factors from §107 of the 1976 Copyright Act: 1. Purpose – education vs. commercial 2. Nature – fact vs. fiction 3. Amount – and substantiality (10%?) 4. Effect – on market or value

Commercial Use To Reproduce photographs or slides on the web (or anywhere else!) you must have permission from each of the following: • Photographer or rights holder• People in the photo• Owners of certain architectural works• Artworks, seemingly in the PD• Contemporary works of art• ETC. ETC. ETC.!!

CONFU – Conference on Fair Use • Delivered its final report in 1997. • Each of the mentioned possible components of a multimedia (MM) project are allowable as fair use for students and educators, provided that they stay within the following limitations of: – Portion, Copying, Distribution, & Time

Portion Limitations – Similar to the Agreement on Guidelines for Classroom Use • From MOTION MEDIA – 10% or 3 minutes, whichever is less – whether used all at once or scattered throughout the project • From TEXT – up to 10% or 1000 words, whichever is less • MUSIC, LYRICS, MUSIC VIDEO – up to 10%, but in no event more than 30 seconds – must not change the fundamental character of the work

Portion Limitations – Similar to the Agreement on Guidelines for Classroom Use • ILLUSTRATIONS/PHOTOGRAPHS – no more than five images by one artist/photographer, OR from a collective work, not more than 10% or 15 images, whichever is less • NUMERICAL DATA SETS – up to 10% or 2500 field or cell entries, whichever is less • Field entry = a specific item of information such as name or SSN • Cell entry = the intersection where a row and a column meet on a spread sheet

Copying/Distribution Limitations • STUDENTS – only 1 copy, including the original • in case of a joint project with another student, each student may have his or her own copy • EDUCATORS Only 2 use copies are allowed and only 1 copy may be placed on reserve• PRESERVATION – where 1 copy has been lost, stolen or damaged, another copy may be made Additional copies and/or additional uses: need permission from each rights holder- See Commercial above).

Time Limitations • STUDENTS – none, as long as they use their project only for job and/or graduate school interviews • EDUCATORS – 2 years • Uses beyond these limitations require permission from each rightsholder – (see commercial above)

IF THESE ARE “FAIR USES”… Then what is PLAGIARISM?

Fair Use or Plagiarism? • Why isn’t plagiarism a fair use? – Because a complete citation must accompany any fair use of another’s work.

Plagiarism • When you quote directly from a publication – Use quotation marks – Use proper citation format • (Author, 8) OR (author, 1999, 8)• OR full footnote or endnote

Plagiarism… • …is not always willful. – Sometimes the inexperienced writer forgets to attribute his paraphrasing efforts.

Plagiarism • When you paraphrase – Attribute your source in a footnote or endnote just as if you had quoted directly

Plagiarism… is fraud. • It is using someone else’s words or art without attribution and passing it off as your own. • Copyright infringement is using & citing someone’s work without permission nor compensation to the rights holder. • If there is a citation, it is not plagiarism.

Cyber-plagiarism • There are growing numbers of web sites where student papers are available for free, or for a price. • Your instructors know how to use these sites. • Your instructors know how to search the internet for a “word string” which will point them to these sites…

Cyber-plagiarism • Even when these students have donated their papers to these sites, your use of any part of these papers is still plagiarism. SPEAKING OF UNETHICAL CONDUCT…

FILE SHARING • RIAA – (Recording Industry Association of America) successfully sued for sharing music using campus servers. – The Universities were NOT sued.

FILE SHARING • File sharing = distribution – Unlawful, unauthorized distribution, reproduction of copyrighted works

FILE SHARING • …is a violation of §106 of Title 17, U.S. Code – Exclusive right of author/creator to reproduce and distribute

FILE SHARING – THEORY • PEER 2 PEER, P2P, Theory: – Sampling– Previewing– Not meant to substitute for purchase of music or movies or software – Meant to facilitate long distance collaboration between researchers and creators.

Liability Issues… what you need to know 3 TYPES OF INFRINGEMENT • Direct infringement – knowledge of infringement• Contributory infringement – you must either have knowledge, i.e. faculty directed – or you must materially contribute, i.e. university equipment used • Innocent infringement – very rare on a university campus – Staff (button pusher) responsibility KNOWLEDGE OF INFRINGEMENT KNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITY IS IRRELEVANT TO YOUR LIABILITY

Liability Issues…what you need to know (cont.) • You cannot be “directed by a higher authority” to do anything that you suspect would be an infringement • Intent to infringe is NOT required, to be found liable • Often university policies do NOT deal with any new technology

Recent Legislation • 1997 – jail time was added for willful infringement • Digital Millenium Copyright Act passed into law, October 1998 – DMCA • Sonny Bono Term Extension – 20 years• TEACH Act –November 2002 – some fair use in digital materials

DMCA • What did it change? – Reduced liability for libraries and technology providers for what their clients do with University equipment – WITH STRINGS Full citation required (instead of stamp)Institution agent requiredInstruction and notices requiredInstitution policy required

TEACH Act • Technology, Education and Copyright Harmonization Act. Signed into law: November 2002 – Fair Use provisions for Distance Education & Digital transmissions

TEACH Act – cont. • Restrictions include – Limiting access to enrolled students– Providing technology measures to prevent retention of the work in accessible form – Only small amounts permitted– Passwords required

What should everyone know about copyright? • Work is protected from the moment the pen meets the paper • No registration with the Library of Congress is required for protection • No “©” is required• We are all rightsholders!

Question…? ? ? ? ? Can I download pictures and/or graphs from the Internet and use them on PowerPoint slides or in research papers? –Not in PowerPoint slides, unless it is for ONEclass presentation. In a research paper, as longas it is never published further.

Question…??? Can we scan into a web page a set of MAPS? Aren’t maps facts, like common knowledge? How about newspapers? NO and NO. Maps (even when they are 2D) are sculptural works and are given artistic consideration. Newspapers are expressions of facts, and not in the public domain.

Question…? ? ? ? ? Can I photocopy the information that I have printed off the Web? If so, how many copies am I allowed to make? –NO, not unless you need it as an attachment to your research paper.

Your Responsibilities – Inform your students of the restrictions discussed today – Instruct your students on proper attribution, acknowledgments and citations to appear on each reading copied – Resist the temptation to turn a blind eye to the portion limitations, plagiarism, and systematic abuse

… in a nutshell Educational purpose –does NOT equal FAIR USE. 10% IS NOT ALWAYS FAIR USE. OUT- OF- PRINT does not mean out- of – COPYRIGHT. WWW is NOT public domain.

Copyright Resources Office George Mason University Libraries http://copyright.gmu.edu/ Johnson Center Library Room 227 EBPhone: 703-993-2455, & 3-2427copyright@gmu.edu

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