Copyright
Planning Issues
Jeremy Rowe
jeremy.rowe@asu.edu
Technology Empowers
Making users:
Creators
Producers
Publishers
Distributors
Publishers and distributors have been vocal
in legal, legislative and policy forums.
The major concerns are effect on potential
markets and loss of control once materials
are digitized.
Intellectual resources are increasingly seen
as assets and tangible property.
French lawmakers approved an online copyright bill
that would require Apple to break open the exclusive
format behind its market-leading iTunes music store
and iPod players.
Lawsuit maintains that both Koch and Fast Life "are
liable for at least eighty-one separate counts of
copyright infringement as a result of their unlawful
and unauthorized marketing, selling and distributing
of at least five CDs and one DVD containing
copyrighted musical compositions and sound
recordings of The Game." Those recordings include
Untold Story, Untold Story Vol. 2 and G.A.M.E.
A federal judge on Monday ordered a stem-cell research
opponent’s Web site shut down after ruling that the site
illegally copied a Web site that supports such research.
A jury decided the title track to late rapper Notorious
B.I.G.'s album Ready To Die violates copyright law
because it includes portions of a song by the Ohio
Players without permission or paying royalties. The
jury awarded $3.5 million in punitive damages and at
least $733,000 in direct damages plus interest. Further,
Judge Todd Campbell ruled the 1994 album and
individual song of the same name may not be played
on the radio, sold in retail stores or downloaded.
Campbell said such action was needed to bolster the
integrity of the copyright law.
The claimants, authors Michael Baigent and Richard
Leigh, allege that Dan Brown’s famed novel breached
copyright in adapting material from their book The
Holy Blood and the Holy Grail.
Actor Marc John Jefferies who recently appeared in the
Fifty Cent film, "Get Rich or Die Tryin," has been
slapped with a $5.9 million lawsuit for copyright
violations related to the popular children's spy book
series "Secret Agent MJJ."
MPAA filed seven lawsuits against Torrentspy and other
search companies that help visitors find content or
instruct them how to download it.
There are few clear-cut answers.
Most decisions are made within a
benefit/risk continuum for each use
The continuum is constantly shifting as
the balance between access and control
is redefined
Copyright
Protects tangible works - giving
the creator exclusive right to
publish, duplicate, display, and
prepare derivative works and to
determine and control when
others may do so.
Trademark
A word, name, symbol, or device used
by a manufacturer or merchant to
identify and distinguish their goods
from others.(active only while used and
enforced)
Copyright
Original Purposes:
Protect intellectual property
Preserve market for author
Provide access for educational
purposes
Now combines with:
Trademark, Trade Secret, Patent
The technologies change faster than the
policy environment.
Duration of protection has been continually
expanding
1790 - 14 years
1831 - 28 years
1909 - 56 years
1978 - Life of author + 50 years
1998 (US) 2001(EU) - Life + 70 years
Background
English publishers vs Stationer’s Charter (1600)
Authors vs publishers(1706)
Translations of books (1853 Uncle Tom’s Cabin)
Mark Twain author rights advocacy (1875)
Photographers vs printers (1885 Sarony)
Film rights vs books(1903 Ben Hur)
Sheet music publishers vs piano rolls (1907)
Musicians performance rights (1913 Sousa)
Reselling News (1918 Assoc. Press/ International News Service)
Film/television vs parodies(1938/46 Night at Casablanca)
Background
Publishers vs photocopiers (1968)
Rights of Publicity (1970 “Here’s Johnny”)
Broadcast editing/censorship (1976 Monty Python)
Film Distributors vs VCRs (1979 Universal v Sony)
Classrooms vs video courses (1984 Kastenmeier)
Music Parody (1991 Acuff Rose v 2 Live Crew Pretty Woman)
Music Rights holders vs samplers
Business Process Patents
Publishers and software producers vs digital copies
Background
Classrooms vs Internet courses
Satellite and Cable TV vs “card mechanics”
“Deep” Links (1997 Shetland News/Times)
Teach Act (2002)
Music publishers vs P2P file exchange
1998 Digital Millennium Copyright Act
Extends protection, delays "public
domain" additions for 19 years
ISP provider protection
Strengthens copyright protection and
management systems
Distance Education study
Protection of personal information
Boat hull protection
Eldred v. Ashcroft challenge
Open Source Reactions
Open Source Software (Linux, Apache,
Open Source Applications Foundation)
P2P Networks
Shared Content (project Gutenberg, MIT,
Wikipedia, Public Library of Science)
General Public Licenses
Creative Commons
Copyright Protects
Literary works
Musical work
Dramatic works
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Sound recordings
Rights Of The Copyright Holder
Copy or reproduce
Prepare derivative works (e.g., digitize
images)
Distribute or market copies
Public performance and display (e.g.,
electronic)
Moral rights
License (e.g., get permission for) some or all
of these rights
Public domain works:
http://www.unc.edu/~unclng/public-d.htm
Creators often sign away rights to
publishers which require obtaining
permission to duplicate, distribute,
or post on WWW pages.
Academic Exemption as custom not
codified in law or contract.
Using Materials Created By Others
Component materials
Copyrightable material:
Original expression
Fixed in tangible medium
Notice and publication are no longer
required
Moral rights: integrity and attribution
“Fair Use” Criteria
1. The purpose and character of the use.
2. Nature of the Copyrighted work.
3. The amount and substantiality of the
portion used in relation to the whole
work.
4. The effect on the potential market for, or
value of the Copyrighted work.
English/Canadian concept of “Fair Dealing”
single copies for research and private
study
“Fair Use” Issues
1. Similarity
2. Substantiality
3. Source (direct v illegal copy)
4. Animus Fundi (intent)
5. Level of competition
6. Impact on market
Differences in international
copyright ”Fair Use”
For a 1947 publication:
UK public domain 1997
US coverage until 2042
China and most WIPO
until life of author + 50
For a 1948 publication
Canadian public domain
Reproduction of material from
the Libraries and Archives
-Material with restrictions
-Library and Archives
-Third-party material
-Public domain material
-Pre-authorized licenses
-Linking to websites
-Crediting
For Each Component
Determine Need for Permission
Guidelines - narrower than fair use
Fair use - more likely if permission difficult
(or outrageously expensive) to get
Need permission to use materials for more
than one semester (electronic reserves)
Must comply with copyright and other laws
Document Permission in writing
Materials Produced
By faculty: Contracts or policy determines ownership
By production team: To what extent is each
contribution copyrightable?
By students:
Are they employees or under contract?
Do they have the only copies?
How do you know the work is original?
Unless paid by institution, normally students will
own the copyright in their work. This means, for
example, their work can't be posted on a web site
without their permission.
Use Of Copyrighted Materials
In Password Protected Or Secure Environment
Must follow guidelines for electronic reserves (or
obtain written permission)
http://www.asu.edu/lib/access/reserves/copyright.html
Only one copy of any copyrighted item for one
semester only.
The item cannot be used again without written
copyright permission. The instructor is
responsible for obtaining permissions.
A copy of one chapter from a work of a single
author or copies of not more than three
chapters or articles from a collective work or
periodical volume may be used over the
course of a semester
Project Planning
Plan for the broadest potential uses
Review sources of all material
Check licenses and restrictions
Obtain needed permissions
Who Owns Multimedia Materials,
The Creator Or Institution?
Copyright law Author/creator of work is usually the
owner of copyright
May be multiple authors - this is a big fact
question, contract to explain
Independently copyrightable contributions
Mutual intent
Clarify in writing
Academic Tradition
Universities have released interest in
copyrights to faculty for traditional
academic publications (e.g., journal
articles, text books)
Tradition does not address new media
(e.g., software, multimedia)
March 25th
Orphaned Works Comments
An orphan work is a work presumed to have
copyright protection, but whose owner
cannot be located even after a good faith
search.
Given the high costs of litigation and the
inability of most creators, scholars and small
publishers to bear those costs, non-renewed
works or those with uncertain ownership the
result - orphan works often are not used
even where there is no one who would
object to the use.
A committee appointed by the Library of Congress will
hold two public roundtables in March 2006—in Los
Angeles and in Washington, D.C.— to gather insights
and opinions on how to revise copyright exceptions for
libraries and archives.
The group is studying how Section 108 of the Copyright
Act (titled “Limitations on exclusive rights:
Reproduction by libraries and archives”) may need to be
amended to address the relevant issues and concerns of
libraries and archives, as well as creators and other
copyright holders.
Cultural heritage institutions, in carrying forward their
missions, have begun to acquire and incorporate large
quantities of “born digital” works (those created in
digital form) into their holdings to ensure the continuing
availability of those works to future generations.
Summary
Compare ownership with licensed right to use
Evaluate university resources used to develop
and to:
-Enhance a course with technology to use internally
-Create a product that can be marketed separately
Play an active role in Creative Commons and
open source efforts
Play an active role in cooperative/collaborative
alternatives
Contact Information:
Jeremy Rowe
PRISM Executive Committee
Director, Strategic Partnerships
and Special Initiatives
School of Computing and Informatics
Arizona State University
Tempe, Arizona 85287-0101
480-965-8622
jeremy.rowe@asu.edu
http://www.public.asu.edu/~jeremy/