Copyright or Copywrong? The Quick and Dirty Guide to Getting it Right

Published at Nov 24, 2015

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PRESENTATION OUTLINE

Copyright or Copywrong

The Quick and Dirty Guide to Getting it Right

School of Professional Studies

Naomi Pariseault @elearngeekette
Photo by ShironekoEuro

Themes

  • Copyright Overview
  • Creative Commons & Things You CAN Use
  • Decision Flowchart
  • Implementation & Process
  • Copyright overview
The logic behind this approach is to focus on:

Laying down a foundation

What you can do (not what is restricted)

How to move quickly from all the copyright resource materials that are out there (of which there are thousands) to the practical application and implementation piece which is critical

Throughout this presentation I will provide recommendations, but the lawyers and policy makers at your institutions will be important resources to you. Obviously from my background you know I am not a lawyer, so this is not legal advice but instead recommendations.
Photo by cogdogblog

Resources

I've compiled a set of resources for you. Everything that I will share with you today can be found on my "Copyright or Copywrong?" board on Pinterest found here: https://www.pinterest.com/nlparis/copyright-or-copywrong

If you don't have a Pinterest account, I recommend signing up for one as it can be a great tool in the learning space.

Link to decision flowchart: https://www.lucidchart.com/documents/view/c0ac97bb-366b-4a03-897e-394104851355

Link to copyright duration guidelines: https://www.lucidchart.com/documents/view/46174720-8441-4403-80ad-36c791a92e9c

Everything is also licensed with a Creative Commons license for your use and re-use pleasure
Photo by melstampz

Current perceptions

of copyright strategies

What is copyright?

Copyright is a recognition of the expression of your intellectual property

Or we could also say copyright is a recognition of the expression of your intellectual property

We want creators to receive credit for their work and to make important decisions about how their work will be displayed, copied and used.

There is monetary element, but at the core this is about intellectual property

Creation, use and re-use of information

Not going to cover patents and trademarks today

Which means...

  • Which means exclusive rights = exciting for a creator
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  • Make copies
  • Distribute copies
  • Perform publicly
  • Display publicly
  • Create derivative works
These exclusive rights include all of the following

How does copyright work?

like magic! Sort of...
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the intellectual work

iS PUT INTO A FIXED, TANGIBLE FORM 
As soon as an intellectual work (ideas in fixed tangible form) is created it is protected by copyright. No need to request or register which makes it very easy.
Photo by Loopdeeloop

So... How Long is

SOMETHING COPYRIGHTED?
Life of the creator + 70 years
 (if collaborative authorship, the life of the creator who lives the longest is used)
Photo by rubyblossom.

So what can I use?

Or how can i use it?
The flow here will be to move from resources that are easier to use and then move on to the ones that will take more time and effort to verify.

Public Domain

AKA copyright does expire!
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Cornell University distilled all of varying copyright duration items into one comprehensive table:
https://copyright.cornell.edu/resources/publicdomain.cfm

And while very useful in a holistic sense for a case-by-case analysis, it can be helpful to have a simpler version to start. This chart is something I created that highlights the most common items you would review.

Works Created by Government

Works created by the US Government are automatically in public domain
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licensed items

Photo by whisperwolf

licensed items

  • Materials from library databases (course reserves)
  • Video streaming services
  • Software
  • Stock image collections
Licensed items could be anything that you or your institution licenses which might include things like the following:

- materials from library databases (course reserves)
- video streaming services
- software
- stock image collections
etc.

Now I am aware of the Georgia State University lawsuit by publishers which contested the application of fair use through the use of providing materials the library’s e-reserve system. It will be interesting to see what comes from that case in regards to fair use (which we will get to later). But for now, it's important to recognize that if you are using licensed items it is important to be in compliance with the license terms.

Here is a link that nicely summarizes the Georgia State University case:
http://libguides.law.gsu.edu/gsucopyrightcase
Photo by whisperwolf

Creative Commons

Creative Commons provides easy-to-use copyright licenses that provide a straightforward method for your to change your copyright terms from the default of “all rights reserved” to “some rights reserved.”

Creative Commons licenses are not an alternative to copyright. They work alongside
copyright and enable you to modify your copyright terms to best suit your needs.

Adapted from: https://wiki.creativecommons.org/images/6/62/Creativecommons-informational-flyer_eng.pdf

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As described from the Creative Commons Licensing handout:

Publishing under a Creative Commons license is easy. First, choose the conditions
that you want to apply to your work.

Attribution. All CC licenses require that others who use your work in any way must give you credit the way you request, but not in a way that suggests you endorse them or
their use. If they want to use your work without giving you credit or for endorsement
purposes, they must get your permission first.

NonCommercial. You let others copy, distribute, display, perform, and (unless you
have chosen NoDerivatives) modify and use your work for any purpose other than
commercially unless they get your permission first.

ShareAlike. You let others copy, distribute, display, perform, and modify your work,
as long as they distribute any modified work on the same terms. If they want to
distribute modified works under other terms, they must get your permission first.

NoDerivatives. You let others copy, distribute, display and perform only original copies
of your work. If they want to modify your work, they must get your permission first.

From: https://wiki.creativecommons.org/images/6/62/Creativecommons-informational-flyer_eng.pdf

Find Creative Commons Works

Use their exploration Tool

Provide proper attribution

  • Title - What is the name of the material?
  • Author - Who owns the material?
  • Source - Where can I find it?
  • License - How can I use it?
Creative Commons has created a great page on their wiki about best practices for attribution, but this slide contains the basics

Here's the link to the wiki page:
https://wiki.creativecommons.org/wiki/Best_practices_for_attribution#This_is_an_ideal_attribution
Photo by ArtByChrysti

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    waived copyright

    CCo = Public Domain
    CC0 1.0 Universal (CC0 1.0)
    Public Domain Dedication

    The creator has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law.
    Photo by 2.

    free resources

    (with attribution most often)
    There an incredible amount of "free" resources available online. And with freedom comes great responsibility. You want to check out what the requirements are to use the resources. Often times it's just attribution (a link), but sometimes not.

    Let's see some of my favorite free resources on the next slide...

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    These are just a few of the free resources my team and I have curated and use.

    Some you need to sign up for weekly or monthly "freebie e-mails" and some are databases of resources.

    Here are the links:

    Creative Market: https://creativemarket.com
    Death to Stock Photo: http://deathtothestockphoto.com
    Pixabay: https://pixabay.com
    Flat Icon: http://www.flaticon.com
    Font Squirrel: http://www.fontsquirrel.com
    Free Sound: https://www.freesound.org
    Freepik: http://www.freepik.com

    terms of use

    that match your intended use
    Check out the information on the page itself and/or scroll to the bottom of the page and look for "terms of use" or "terms of service"

    I've often found that educational use is explicitly permitted by some websites and resources with just an attribution needed to use
    Photo by Shardayyy

    Links & Embed

    vs. Hosting the Content
    Linking to the item or using the embed code vs. actually downloading and hosting the item can be an effective way to use something.

    Use cases include:

    - embedding YouTube videos
    - linking to articles in library databases

    The issue = links have a tendency to break so you need to check them
    Photo by Enthuan

    Fair Use

    "The Copyright Basics" website for kids provides a nice overview of Fair Use:

    http://www.copyrightkids.org/cbasicsframes.htm

    The exclusive rights of the copyright owner are not unlimited. The copyright law establishes some limitations on these rights. One of the most important limitations on the exclusive rights is the doctrine of "Fair Use."

    The "Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes. The copyright law provides that reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors, which courts must consider together in determining whether a particular use of a copyrighted work is a permitted "Fair Use," or is instead an infringement of the copyright.
    Photo by Timothy Greig

    Four Factors of Fair Use

    • The purpose and character of your use (transformative?)
    • The nature of the copyrighted work
    • The amount and substantiality of the portion taken
    • The effect of the use upon the potential market
    The four factors judges consider are:

    1. The purpose and character of your use

    2. The nature of the copyrighted work

    3. The amount and substantiality of the portion taken

    4. The effect of the use upon the potential market

    See more at:
    http://fairuse.stanford.edu/overview/fair-use/four-factors
    Photo by Timothy Greig

    Considerations...

    • But this is for educational use... I can use it right?
    • "Good faith" determination
    • Checklists
    • Considerations... "Good faith" determination
    There are a lot of good guides and checklists available out there.

    One to highlight is from Cornell:
    https://copyright.cornell.edu/policies/docs/Fair_Use_Checklist.pdf
    Photo by Timothy Greig

    TEACH Act

    Overview from: https://www.copyright.com/Services/copyrightoncampus/basics/teach.html

    The Technology, Education, and Copyright Harmonization (TEACH) Act was a collaborative effort among academic institutions, publishers, library organizations and Congress.

    Although copyright law generally treats digital and non-digital copyright-protected works in a similar manner, special digital uses, such as online distance learning and course management systems, require special attention. Some of the special copyright requirements of online distance learning are specifically addressed by the TEACH Act.

    TEACH Act Requirements
    For the full list of requirements, refer to the TEACH Act at www.copyright.gov/legislation/archive/.

    In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:

    - The institution must be an accredited, non-profit educational institution.

    - The use must be part of mediated instructional activities.

    - The use must be limited to a specific number of students enrolled in a specific class.

    - The use must either be for 'live' or asynchronous class sessions.

    - The use must not include the transmission of textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses.

    - Only "reasonable and limited portions," such as might be performed or displayed during a typical live classroom session, may be used.

    - The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.

    - The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut & paste disabling, etc.

    What TEACH Does Not Allow

    The new exemptions under TEACH specifically do not extend to:

    - Electronic reserves, coursepacks (electronic or paper) or interlibrary loan (ILL).

    - Commercial document delivery.

    - Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.

    - Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.

    TEACH Act Highlights

    • Non-profit & use for mediated instructional activities
    • Limited to students in course
    • "Reasonable & limited portions"
    • Institute technological measures that reasonably prevent retention for longer than a class session
    The most challenging item on this list is the last one as it requires printing, downloading, saving, etc of digital materials.

    ask for permission

    Photo by kylesteed

    students purchase

    license the item

    A variety of licensing options and companies who do licensing:

    SWANK
    Copyright Clearance Center

    BIG PICTURE

    Case-by-case analysis = critical
    Photo by wwwuppertal

    selection vs. post-analysis

    Photo by arellis49

    Decision flowchart

    Photo by ademrudin

    so what do i now?

    implementation & process
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    4 distinct areas

    • Policy
    • Process
    • Accountability
    • Recordkeeping

    brainstorming time

    policy

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    locate copyright policy

    Photo by Gunnar Wrobel

    accessible info

    Photo by DarrelBirkett

    Tip: know your copyright gurus

    Photo by Leo Reynolds

    process

    Photo by syder.ross

    Build into front end

    aka process and conversations
    Build copyright into process &
    conversations

    syllabus
    course design
    naming conventions
    Photo by Brian Birke

    easy resources

    don't reinvent the wheel... curate!
    Don't reinvent the wheel... curate!

    Provide decision flowchats, checklists and things that can easily assist in the decision-making process and as a record

    One of the California State Universities has an interesting page on fair use interpretations:

    Specifically, §504 (c)(2) of the Copyright Act notes that if you reasonably believed the use to be a fair use at the time (and the checklist could aid in documenting that decision process), any statutory damages arising from the infringement will be "remited" (i.e., waived).

    Checklists "Offers some protection from statutory damages if you believed the use was reasonably a Fair Use"

    https://www.csustan.edu/teach-online/copyright-teach-act/fair-use-101/fair-use-101-part-iii

    And while I understand this completely, if there are not resources that are both catalysts and support means for applying copyright... what would that mean for an attempt at copyright compliance? Carefully crafted resources to help are better than ambiguous or misunderstood application
    Photo by VinothChandar

    consider creator & user pov

    Tone & Empowerment
    Tone and empowerment are important
    Photo by Ian Sane

    accountability

    ways to foster?

    Photo by pgcummings

    instructional design

    Photo by Bert Kaufmann

    recordkeeping

    Photo by ignignokt

    attribution

    Attribution is one way to keep track of what you are using, but what are others?

    Photo by Jesus Alducin

    copyright widget?

    Photo by Lachlan

    table of copyright contents?

    Photo by Mrs Magic

    do the best you can

    "Who's Afraid of the Big, Bad C?"
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    continue the conversation

    naomi_pariseault@brown.edu @elearngeekette

    questions?