Copyright
Planning Issues
Jeremy Rowe
jeremy.rowe@asu.edu
Technology Empowers
Making users:
producers
publishers
distributors
Publishers and distributors are
increasingly vocal in legal, legislative
and policy forums.
The major concerns are effect on
potential markets and loss of control
once materials are digitized.
There are few clear-cut answers.
Most decisions are made within a
continuum.
Copyright
Protects tangible works by giving the
creator exclusive right to publish,
duplicate, display, and prepare
derivative works and to determine
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
Purposes:
Protect intellectual property
Preserve market for author
Provide access for educational
purposes
Technology makes copying easy, but
access does not imply permission.
The technologies change faster than the
policy environment.
Background
Initial legislation of 1909
1976 Revision
Subsequent amendments 1980, 1983, 1988,
1992, 1995, 1996, 1998
Berne Agreement signed in 1988 requires
only fixation, copyright notices are not
required.
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
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
Can 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.
Using Materials Created By Others
Component materials
Copyrightable material:
Expression
Original
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.
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 (see electronic reserves)
Must comply with copyright and other laws
(see sample language for syllabus)
Document Permission
Materials Produced
By faculty: ABOR 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 ASU, normally students will own the
copyright in their work. This means, for example,
we can't post their work on a web site without their
permission.
Materials Produced (ctd.)
Record keeping
Required to maintain records such as grade
books(see retention schedules at university
archives)
www.asu.edu/lib/archives
Records and information must be secure and
maintain privacy
Suggested Language For Syllabus
Students are required to read and act in accordance with
university and Arizona Board of Regents policies, including:
The Academic Integrity Policy:
http://www.asu.edu/studentlife/judicial/integrity.html
The Student Code of Conduct: Arizona Board of Regents
Policies 5-301 through 5-308
http://www.abor.asu.edu/1_the_regents/policymanual/index.html#5
The Computer, Internet and Electronic Communications Policy
http://www.asu.edu/aad/manuals/acd/acd125.html
Materials posted to websites or distributed in violation of
university policy or applicable law, including copyright,
trademark and privacy laws may be removed at the discretion
of the university.
Use Of Copyrighted Materials
In Password Protected Or Secure Environment
Must follow guidelines for electronic reserves (or
obtain written permission)
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
Alternative Production Resources
Owned or self-produced materials
Public Domain materials
Licensed clip art
Commissioned work
Who Owns Multimedia Materials,
The Creator Or ASU?
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
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)
ASU's Intellectual Property Committee is
proposing a policy
Employer (ABOR/ASU) is the owner if:
Work is created by employee within scope of
employment
Work is created under contract (with
assignment)
Work is properly documented as a work for
hire
ABOR Policy Addresses Ownership
ABOR Policy: ABOR/ASU will own if
significant use of university resources
Research funding
Funding for asynchronous or distance learning
Assistance of support staff
Use of:
University paid time within the employment period
Telecommunication services
University central computing resources
Instructional design or media production services
Research equipment and facilities or production
facilities
Who Controls The Content?
Institutions want greater control over:
-Format
-Content
Use of institutional name, logo, resources
Use of content owned by third parties
-Text
-Music (mechanical and synchronization rights)
-Software and patent issues
-Images
• Copyright
• Likeness of individuals
• Privacy and publicity
Can Instructors Take the Material With
Them If They Change Jobs?
Factors:
Sole author
Joint author
University policy
Individually negotiated agreement
Ownership v. license to use
Nature of intended use
How Are Revenues Shared?
Joint authorship under copyright law
(without an agreement)
Individually negotiated agreement
ABOR policy: university owns, authors
share in revenue net associated costs
Author(s) receive minimum of 50% of first
net $10,000
And minimum of 25% of net in excess of
first net $10,000
Planning Issues- Summary
Compare ownership with right to use
-Review ABOR Intellectual Property Policy 6-908
http://www.abor.asu.edu/1_the_regents/policymanual/index.html
Evaluate university resources used to develop
and to:
-Enhance a course with technology to use internally
-Create a product that can be marketed separately
Other considerations:
-Permission for included materials (e.g., copyright)
-Accessibility for disabled users
-Role of students in course development
-
END
http://www.public.asu.edu/~jeremy/
11_01copyrightpresentation.html