Michael Rodriguez A LYRASIS Webinar | June 12, 2015
Know Your Rights: Copyright in Digital Environments
Presenter
Michael Rodriguez, MLIS E-‐Learning Librarian @HodgesU Social Media Manager @ALA_LITA Twi;er @topshelver Linkedin.com/in/mrlibrarian [email protected]
What is Copyright?
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The exclusive legal right to reproduce, distribute, modify, and perform
original works of authorship fixed in a tangible medium of expression*
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“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respecUve
WriUngs and Discoveries.”
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Copyright DuraEon
True/False
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What is covered by copyright?
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What is not covered by copyright?
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Patents. Trademarks.
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The Public Domain
Non-‐copyrighted works Government works Pre-‐1923 works* Dedicated works
Marcel Duchamp (1919), LHOOQ, CC0
Context: “It depends”
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Due Diligence
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Good Faith
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Four Factors of Fair Use
1. Purpose and character of the use that is claimed to be fair (educaUonal use? criUcism or commentary? parody? transformaUve use?
2. Nature of the copied work (factual or creaUve?)
3. Amount and substanUality of the porUon used (-‐10%? the heart of the work?)
4. Effect of use on potenUal market for the work
“Blurred Lines” of DerivaEve Use
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TransformaEve Use
Authors Guild v. HathiTrust
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Nature of the Copied Work
Amount and SubstanEality of PorEon Taken
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Market Impact
Katy Perry image courtesy of Flickr user Huntley Paton, CC BY SA
Works for Hire
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Library Gaps
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SecEon 108
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InterLibrary Loan
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Image courtesy of Flickr user Maik Meid, CC BY SA
Image courtesy of Flickr user r2hox, CC BY SA
Data
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Metadata
Orphan Works
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Archives
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Ebooks
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Digital Millennium Copyright Act (DMCA)
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Digital Locks
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Who Owns This Tractor?
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Electronic Reserves
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Streaming Videos
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BitTorrent
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Open Access
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CreaEve Commons
Open Images
Open Texts
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Copyright Futures
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Image courtesy of Flickr user Paolo Mazzoleni, CC BY
You Have the Right to NegoEate
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You Have the Right to Ask
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You Have the Right to Link
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<iframe width="420" height="315" src="h;ps://www.youtube.com/embed/CJn_jC4FNDo?rel=0&showinfo=0"
frameborder="0" allowfullscreen></iframe>
You (May) Have the Right to Share
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Know Your Copy Rights! Image courtesy of Flickr user Todd Shaffer, CC BY NC ND
What You Can Do
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Image courtesy of Flickr user GotCredit.com, CC BY
Image courtesy of Flickr user GotCredit.com, CC BY
Resources Guidance @CopyrightOffice:
• copyright.gov
Copyright Tools @ALALibrary
• ala.org/advocacy/copyright-‐tools
Copyright @Columbia University
• copyright.columbia.edu
Fair Use Checklist @Columbia
• Enyurl.com/fairuchecklist
Scholarly CommunicaEons @DukeU
• blogs.library.duke.edu/scholcomm
Copyright Law by Kenneth Crews
• worldcat.org/oclc/742234309 Image courtesy of Flickr user Alan Levine, CC BY SA
Linkedin.com/in/mrlibrarian [email protected] Twi;er @topshelver
This work is licensed under a CreaUve Commons A;ribuUon-‐ShareAlike 4.0 InternaUonal License.