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Slide1
John BarnettScholarly Communications LibrarianUniversity of PittsburghCC BY 4.0
Copyright, Copyleft, and Everything in Between
Slide2Information to help you understand copyright and fair usePublic domainCopyleftOpen access
Resources to go (pro tips)Some scenarios to test your thinkingYour turn
Our goals
Slide3I’m a librarian, not a lawyerI can offer ideas, suggestions, and opinionsThis is most definitely not legal advice
It is, however, professional guidanceI’m learning, too
But first, a disclaimer . . .
Slide4Pro tip #1: SC glossary
http://
www.library.pitt.edu/oscp/glossary
Slide5Librarians and libraries deal with this a lotContracts for electronic resourcesDonor agreements for archives and special
collectionsPublic performance rights for videoFace-to-face teachingDistance education
Citation and reuse of others’ works
Fair use
Copyright & other intellectual property
Slide6Generally, librarians can only suggest or guideWe cannot and should not give legal advice
Others may be able to helpYour professorComputing and technology servicesInstructional development and distance education
General
counsel
A copyright or contract law
specialist
Often librarians are a good starting place
Advice, no; help, yes
Slide7The ULS’s Office of Scholarly Communication and Publishing copyright and intellectual property resources pageThe ULS’s copyright FAQs
HSLS (Falk Library) resources on scholarly communicationPitt’s policies on copyright and intellectual
property
Center for Instruction Design and Distance Education
(CIDDE)
Pitt
Office of General Counsel
Pro tip #2: Pitt copyright resources
Slide8A form of intellectual property law, grounded in the U.S. ConstitutionRight of authors* to control use of their works for a limited timeAlso established to promote creativity and learningCovers both published and unpublished works
Covers “original works of authorship fixed in a tangible medium of expression”Copyright notice is no longer required—but
it may be wise to affix one
Copyright registration is no longer required—but
it can be helpful
*Assuming that the author is the one who owns the
copyright
Copyright: The basics
Slide9Protected—
Original works of authorship includingLiterary, dramatic, musical, and artistic workse.g., poetry, novels, movies, songs, computer software, architectureNot protected—
Facts, ideas, systems, methods of operation
(although it may protect the way these are expressed)
Names, titles, slogans, or short phrases (although
these may be protected as trademarks)
Kinda
,
sorta
—
Logos—may be protected by copyright if the logo
artwork contains sufficient authorship
Or an artistic logo may also be protected as a
trademark
What’s protected, what’s not
Slide10Reproduce the work in copies and “phonorecords”Prepare derivative works based upon the originalDistribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
Perform the work publicly (literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual worksDisplay the work publicly (literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works [including individual images of a motion picture or other audiovisual work]Perform the work publicly (in the case of sound recordings) by means of “a digital audio transmission
”
You have the right to . . .
Slide11Authors’ rights belong to the author/creator of a workAuthors can transfer, sell, rent, lease, etc., some or all of those rights to othersWhen the rights are transferred, sold, or signed away, the authors’ rights generally* come to an endThe recipient of these rights becomes the copyright holder/owner
* Don’t forget about moral rights for creators!
Authors’ rights vs. copyright
Slide12Copyright Basics (Circular 1 from the U.S. Copyright Office)U.S. Copyright Office (Library of Congress)
U.S. Copyright Law, Title 17 of the U.S. CodeWorld Copyright TermsDigital
Millennium Copyright Act
(Appendix B, U.S. Copyright Law) – copyright in the digital environment
Pro tip
#3: More copyright
resources
Slide13It depends (on where and when the work was published)The short version: Most new works are protected for the life of the author + 70 yearsWorks published before 1978 were required to have a copyright notice; this is no longer the case—but the work is still protected
Works published between 1923 and 1978 could have protection for up to 95 yearsIs It Protected by Copyright? For Works First Published in the U.S.A.ULS Copyright FAQ
Pro tip
#4:
How long does it last?
Slide14Exclusive vs. non-exclusive rightsDeposits to D-Scholarship@Pitt“In self-archiving this Work, I grant the University and its agents the non-exclusive and perpetual license to . . .”
Pitt students who complete ETDs grant a non-exclusive license to the university to distribute their ETDs“I hereby grant to the University . . . And its agents the non-exclusive royalty-free license to archive and make accessible . . .”
Subsidiary rights
Examples: Translations, foreign markets, permissions, formats, etc.
Economic vs. moral rights
Other concepts
Slide15In 1976, Terry Gilliam/Monty Python claimed ABC violated copyright and caused damage to their artistic reputation by broadcasting drastically edited versions of their shows
U.S. district and appeals courts found in favor of the troupeCase was primarily decided on the basis of whether the BBC had the right to let ABC edit the
shows
The dead parrot sketch
Slide16AttributionBe acknowledged for the work you doBe rewarded for itCopyAn author may want to make copies of his/her “own” work
But if rights are transferred to another entity, now the new copyright owner has that rightRemix (make derivatives)Make versions or new editions of the author’s workReuse (control, grant permissions)
Authors can give permission on how they want their works to be used or distributed
If those rights are assigned to a publisher, the publisher then determines use and
distribution
Why does copyright matter?
Slide17Copyright Advisory Office Blog (Columbia University Libraries)Direct Dispatch: ALA Washington Office BlogSPARC Blog and
SPARC News & MediaKip Currier Copyright and “Open” Movements Blog
Pro tip
#5:
Keeping up with copyright
Slide18The rights of copyright owners are subject to limitationsA fair use of a copyrighted work might include criticism, comment, news reporting, teaching, scholarship, and researchFour factors for determining fair useThe
purpose and character of the use (commercial, nonprofit, etc.)The nature of the copyrighted work (factual or creative)
The
amount and substantiality
of the portion used
The
effect of the use upon the potential market
for, or value of, the work
No one factor
outweighs the other
“There
is no specific number of words, lines, or notes that may safely be taken without
permission”
Fair use
Slide19Try to learn how to determine fair use on your own—but don’t be afraid to ask for helpU.S. Copyright Office factsheet on fair useThinking through fair use (University of Minnesota)
Fair use checklist (Columbia University)Other resources to help with images, music, art, and other types of IP
ULS Copyright FAQ on fair use
Pro tip #5: Determining fair use
Slide20You’re writing an essay for your Latin American history class on immigration to Argentina in the 19th centuryYou find some great quotes from books in the library, as well as some from articles onlineYou want to use some of these quotes in your paper
How many, how much can you use?The professor who wrote one of the books teaches at Pitt; should you contact her to ask for permission to use the passages from her book?
Scenario 1
Slide21Your friend takes photos of artworks and exhibits she sees at the National Museum of the American Indian in Washington, DCShe plans to use them in a classroom presentationLater
she wants to use the photos in an article she’s writing, which will be published in a Pitt ethnology journalHow would you help your friend with fair use?
Scenario 2
Slide22You’re making a film for your course on the history of jazz.You’ve used a lot of still photos you got from the archives and the staff there have told you that the photos are in the public domain, so it’s OK to use them in your film, but they’d like you credit where you got them.You want to add some music to your film and find the perfect piece by Miles Davis that would go well with your images!
What’s your next step?Scenario 3
Slide23Intellectual property rights have expired, been forfeited, or are inapplicableOr no rights or license are claimed, including the right to attributionBut what about licensed images,
new recordings, new editions, new translations . . . ?
Public domain
Slide24Patentleft or Open Patent MovementLicenses patents for royalty-free useShare alike
Copyleft—an alternative to “all rights reserved”Enables
authors/creators to apply copyright terms to their works in a way that allows others to use, build upon, and share your creations while still getting credit
Considered more compatible
with web activities and communication
To the left, to the left . . .
Slide257 licensesNo registration requiredStandardized way to give public permission to share and use your creative workNot an alternative but a companion to copyright
Creative Commons
Slide26Pro
tip #6: CC licenses
Slide27Slide28Against DRM License
Design Science License
Free Art License
Open
Audio
License
GNU General Public License—free software
Open Source Initiative (OSI)—open source software
HESSLA (
Hacktivisimo
Enhanced-Source Software License Agreement)—ethical restrictions on the use and modification of
software
Prot
tip #7: Other options
Slide29Open access literature is digital, online, free of charge, and free of most copyright and licensing restrictions.Peter Suber, Open Access. MIT Press.
2012Open access to research
Slide30ULS Open Access LibGuideOA explained, origins, resources, toolsOpen Access Week
An international commemoration of OAOpen Access by Peter SuberCulture Change in Academia: Making Sharing the New Norm
Presentation by Erin McKiernan,
neuroscientist
Pro tip
#8:
All about OA
Slide31John BarnettScholarly Communications LibrarianOffice of Scholarly Communication and PublishingUniversity Library System, University of Pittsburgh
jhb23@pitt.edu or oscp@mail.pitt.edu Twitter: @
OSCP_Pitt
Your turn
Slide32American Psychological Association. (2010). Protecting intellectual property rights. In Publication manual of the American Psychological Association (6th ed., pp. 18-20). Washington, DC: Author.Crews, K. (2006).
Copyright law for librarians and educators: Creative strategies and practical solutions (2nd ed.). Chicago: American Library Association.Strong, W. (2010). Rights, permissions, and copyright administration. In
The Chicago manual of style
(16
th
ed., pp. 155-197). Chicago and London: University of Chicago Press.
Suber, P. (2012).
Open access
. MIT Press.
http://mitpress.mit.edu/books/open-access
U.S
. Copyright Office. (2012).
Copyright basics
(Circular 1). Washington, DC: Author. Retrieved from
http://
copyright.gov/circs/circ01.pdf
Sources