SPEED
COPYRIGHT
(The Copyright Quickie)
Rosemary Chase
Copyright Officer
University Libraries
George Mason University
1
Presume EVERYTHING
IS OWNED
[copyrighted, patented,
trademarked]
by someone.
2
Only the owner can
copy
distribute
perform
display
or make a derivative work.
3
“FAIR USE”
LETS YOU USE
OTHERS’ WORKS…
4
…BUT NOT VERY
MUCH,
AND NOT FOR VERY
LONG.
5
Sometimes you need to
ask permission
…ahead of time.
6
Sometimes, it’s free.
SOMETIMES
YOU MUST PAY A
ROYALTY FEE.
7
NO HIGHER
AUTHORITY CAN
DIRECT YOU TO
BREAK THE LAW.
8
IF YOU
BREAK THE LAW,
YOU ARE LIABLE,
NOT THE
UNIVERSITY…
9
AND THAT’S BECAUSE…
THE UNIVERSITY
PROVIDES INFORMATION
AND INSTRUCTION ON
COPYRIGHT LAW &
FAIR USE…
10
IN ACCORDANCE WITH
THE DMCA…
THE DIGITAL
MILLENNIUM COPYRIGHT
ACT OF 1998
AND…
11
The
TEACH Act…
Technology, Education
and Copyright
Harmonization Act
Signed November 2002
12
…IN A NUTSHELL
Educational purpose is NOT
always FAIR USE.
Out-of-print does NOT mean
out-of-copyright.
WWW is NOT public domain.
Go IRC site to sign up for the real
copyright workshop…
13
MEANWHILE…What CAN I
do…What are my OPTIONS for
using copyrighted materials for
classroom teaching?
• Compile a course anthology
– Submit bibliography and readings to Print Services.
– Permissions obtained there and royalties paid for by the
students through the Bookstore.
• Select 9 separate readings (“fair use”)
– For sale at the bookstore or
– To hand out in class (on dept. account)
OR…
14
MORE OPTIONS …
LIBRARY COURSE RESERVES
• Traditional PRINT Reserves
– Books, periodicals, articles, class notes
• Submit personal items with bibliography
• Submit requests for Library owned items
• Submit permission form for each student
paper included.
• Complete Course Reserves Copyright Form
and retain a copy for your records.
15
More Options…
Library Course Reserves
• ELECTRONIC Reserves (ERS)
– Journal articles, class notes
– Book chapters (first use only)
• Submit personal items with bibliography
• Submit bibliography even if Library owned/linked
• Submit a permission form for each student paper –
for print reserves AND ERS.
• Complete Course Reserves Copyright form and keep
a copy for your records.
16
Using Course Ware
Q. Can I scan articles into WebCT without
getting permission? After all, it IS
password protected and no one can get to it.
A. Only the first semester. We recommend
letting the Library do the scanning and
taking on the permissions responsibility, not
to mention the cost.
17
TEACH ACT
For Instructors…
• What’s allowed
– “reasonable and limited portions” of dramatic
or non dramatic literary and musical works, “in
an amount comparable to that which is typically
displayed in the course of a live classroom
session.”
18
TEACH Act
For Instructors
• What’s off limits for digitization
– Anything marketed in that format
– Anything “not lawfully made and acquired”
under U.S. Copyright Act.
– Stage plays in their entirety (dramatic works)
– Optional readings (must be integral)
19
What’s the catch?
Some items may not be scanned…
• …without permission from rights holders.
• This is why we discourage the use of book
chapters on ERS – publishers deny our
requests for a second semester (we didn’t ask
permission the first semester…)
• This is why we encourage all course web
sites to connect to the Library for their
online readings…
20
…so the Library takes the
responsibility!
• …for obtaining permission.
• …for adding full citations to each reading.
• …for removing readings at semester’s end.
When YOU take the responsibility,
you are liable. This is the best
reason for linking to ERS from
your course web site.
21
According to DMCA &
TEACH:
• It is your responsibility to:
– 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 and systematic abuse
22
Other things you should know…
• Password protection does NOT guarantee a
finding of “fair use”
• Password protection is the minimum
required by publishers
• Photocopies of Library database article
printouts for classroom distribution are
NOT covered by the licenses.
23
Using Copyrighted Materials in
Classroom Teaching – What’s NOT
allowed…
• Giving the coursepack to one student and
letting her make the copies and collect $$.
• Taking your coursepack to Kinko’s and
letting them give it to students to make their
own copies.
• Making copies on the dept. acct. - one for
each student, and then collecting $$ to
reimburse the dept acct.
24
In conclusion…
• No intent to infringe is required to be found
liable…
• No copyright notice is required online or in
hardcopy to protect an author.
• WWW is not public domain.
• Educational purpose is not always fair use.
• Next workshop: Friday, 9/26/03, JLC - 228
http://www.irc.gmu.edu/wems/workshops/default.cfm
25
University Libraries
Course Reserves
• Course Reserves Coordinator
– Rachel Kirkland, 39052, rkirklan@gmu.edu
• Circulation Coordinator
– Cynthia Bentley, 39057, cbentle1@gmu.edu
26
University Libraries
Copyright Office
http://library.gmu.edu/copyright
• Phone: 703-993-2544
• X32427
and
X33158
• FAX: 703-993-9063
• EMAIL: copyright@gmu.edu
• MSN 5D9
Rosemary Chase – Copyright Officer
– JLC room 136: 8:00 – 4:30
– X32544 (Call to make sure I’m in.)
27