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