Copyright and other intellectual property resources Scholarly Communications Lunch and Learn Discussion Thursday, January 9, 2014 Office of Scholarly Communication & Publishing University Library System University of Pittsburgh Today’s plan Define our topic Show our work Discuss the proposed joint site on copyright issues with OGC and CIDDE Take a look at some copyright and intellectual property resources Talk about copyright issues *Not* part of today’s plan This is not a copyright 101 course We’ll focus more on copyright rather than other forms of intellectual property Instead, we’ll aim to provide you with sources for answers, resources, and guidance Copyright maneuvers You don’t have to be an expert; you just have to know where to look for help (and help people think) Copyright is particularly sticky; there are often no simple answers No legal advice, just guidance What is relevant to libraries isn’t always relevant to faculty (classroom teaching) Key entities at Pitt ULS Office of Scholarly Communication and Publishing – http://www.library.pitt.edu/oscp Center for Instructional Development and Distance Education – http://www.cidde.pitt.edu/ Office of General Counsel – http://www.ogc.pitt.edu/ Intellectual property: Definition Property that derives from the work of the mind or intellect May include ideas; inventions; processes; literary and artistic works; and symbols, names, images, and designs used in commerce Divided into two categories – Industrial Property – Copyright Where Does Copyright Fit? Intellectual Property Industrial Property Copyright Fair Use Licenses Patents Trademarks Industrial property: Definition Intellectual property may include – – – – – Inventions Patents Trademarks Industrial designs Geographic indications of source (“terroir” or “Protected Appellations of Origin,” e.g., Champagne, Gruyère) Copyright(s): Definition “A set of exclusive rights awarded to a copyright holder for an original and creative work of authorship fixed in a tangible medium of expression“ Copyright is a limited statutory monopoly that gives a copyright holder the sole right to market a work for a limited period of time Copyright also includes exemptions that permit a user of the copyright-protected work the right to exercise an exclusive right without authorization or royalty payment Examples Literary and artistic works (essays, novels, poems, plays, films) – Not the phone book – But computer programs, sure . . . Musical works Artistic works (drawings, paintings, photographs, sculptures) Architectural designs Related rights of the copyright holder Reproduce the work Prepare derivative works Distribute copies to the public Perform the work publicly Display the work publicly Perform the work publicly or through digital audio transmission (sound recordings) He got us, babe How long does copyright last? – – – – – Copyright extensions Copyright statements Congress Commercial interests Lawyers Short answer: In the US for new works, life of the author + 70 years (for now) It’s complicated They do things differently over there Libraries, archives, and education Section 108, Copyright Law of the U.S. (Title 17, U.S. Code) – Library copying – Preservation copying Section 109, Copyright Law of the U.S. (Title 17, U.S. Code) – First-sale doctrine Section 110, Copyright Law of the U.S. (Title 17, U.S. Code) – Face-to-Face teaching and distance education See Kenneth Crews, Copyright Law for Librarians and Educators Fair use: Definition Section 107, Copyright Law of the U.S. (Title 17, U.S. Code) Limitations on the rights of copyright holders Others can use the work for – Criticism, comment, news reporting, teaching, scholarship, and research But others also need to consider certain guidelines for fair use The Four Factors The purpose and character of the use (commercial or nonprofit, educational) The nature of the work (factual or creative) The amount and substantiality of the portion used The effect of the use on the potential market Just the FAQs Revised the old FAQs – General – Educational use – Web Simplified language Updated links New questions and answers Where to now? Got you covered General FAQ – Copyright, fair use, public domain Educational Use FAQ – Reserves – Public performance rights – CourseWeb and CoursePacks Web FAQ – Websites, webpages – Digital Millennium Copyright Act – TEACH Act Resources A work in progress Dated, not fully relevant information A new list/LibGuide forthcoming Other intellectual property and scholarly communication topics – Bibliometrics – Public performance rights/audiovisual materials – Music Pitt policies University copyrights policy Copying copyrighted material Patent rights and technology transfer Computer access and use Use of name, logos, trademarks . . . Web pages Partners in copyright/IP Office of General Counsel – OSCP converses with the OGC on many copyright, intellectual property, and contract issues – I.P. Facts: Answers to your intellectual property questions http://www.ogc.pitt.edu/publications/IP_Facts_Sheet.pdf CIDDE – Teaching/Copyright information (TEACH Act) http://www.cidde.pitt.edu/teaching/copyright Kip Currier Copyright Blog SIS faculty member and lawyer – http://kipcurriercopyright.blogspot.com/ Good source for current topics in the news on copyright, intellectual property, fair use, and other related issues District Dispatch ALA Washington Office Blog Library policy, news, and legislation (copyright, intellectual property, first-sale, and more) – http://www.districtdispatch.org/category/copyright/ On the Media Public radio program that often features pieces on copyright and related intellectual property issues, privacy, and media culture and happenings – http://www.onthemedia.org/ Copyright central U.S. Copyright Office – http://www.copyright.gov Copyright law (U.S., international, and proposed legislation) Basics (definitions, circulars, forms, brochures) Fair use Libraries and copyright Circular logic Copyright Basics (Circular 1) – http://www.copyright.gov/circs/circ01.pdf Duration of Copyright (Circular 15a) – http://www.copyright.gov/circs/circ15a.pdf Reproduction of Copyrighted Works by Educators and Librarians (Circular 21) – http://www.copyright.gov/circs/circ21.pdf How to Investigate the Copyright Status of a Work (Circular 22) – http://www.copyright.gov/circs/circ22.pdf Copyright tools Is It Protected by Copyright? (Digital Copyright slider) (American Library Association) – http://librarycopyright.net/resources/digitalslider/ Sweet! A fairly easy way to determine copyright status, permissions needed, and public domain status of works More copyright tools Digital Image Rights Computator (Visual Resources Association) – http://www.vraweb.org/resources/ipr/dirc/index.html Help assess intellectual property status of a specific image documenting a work of art, a designed object, or architecture/built environment Music Music Library Association Copyright for Music Librarians – http://copyright.musiclibraryassoc.org/ News, FAQ, published statements, laws and decisions, and more Fair use Fair Use Checklist from the Columbia University Libraries Copyright Advisory Office (Kenneth Crews) – http://copyright.columbia.edu/copyright/fair-use/fair-usechecklist/ Fair Use Evaluator (Copyright Advisory Network, American Library Association) – http://librarycopyright.net/resources/fairuse/ Thinking through Fair Use (University of Minnesota Libraries) – https://www.lib.umn.edu/copyright/fairthoughts World copyright terms Public Domain Day What are the copyright laws in other countries? – http://www.publicdomainday.org/node/39 Fan fiction from some flounder? Organization for Transformative Works Advocacy for fan fiction and fan culture – http://transformativeworks.org/ Public performance rights Showing Media Outside Class (PPR), University of Montana LibGuide – http://libguides.lib.umt.edu/content.php?pid=3902&sid=2298 8 U.S. Patent and Trademark Office Definitions Laws and rules FAQs Searching patents and trademarks – http://www.uspto.gov/ Your turn What sorts of copyright questions do you get? How would you like to be kept up-to-date about copyright and intellectual property issues? How would you like to communicate your questions or concerns to us? Scenario 1 As part of a creative project for his MFA, a student wants to use the characters from Sherlock Holmes to create some new novels based on the works of Holmes Later he may post them on the web or even try to get them published What would you do? (Hint: It’s not elementary) Scenario 2 A doctoral student has submitted her dissertation for approval Her area of study is language and gaming, and thus she uses a number of images from online games to illustrate her arguments Is this OK? Is she infringing on the game company’s copyright/intellectual property? Scenario 3 A professor takes photos of artworks in a museum She plans to use them in her classroom lectures She later wants to use the photos in a book illustrating her research topic What advice would you give the professor? Contact us Office of Scholarly Communication and Publishing http://www.library.pitt.edu/oscp oscp@mail.pitt.edu Twitter: @OSCP_Pitt Credits Prepared by John Barnett, Scholarly Communications Librarian, University Library System, University of Pittsburgh CC BY-SA 3.0 Intellectual property image by Lauren Collister, Office of Scholarly Communication and Publishing