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Copyright Basics for Academia

“CCC Webinar – Copyright Basics for Academia”
Date Time: Mar 4, 2021 01:00 PM Eastern Time (US and Canada)

CopyRight Clearance Center

John Savage, not a legal advise, this is a seminar. jsavage@copyright.com. Client Engagement Manager. License agreements, additional solutions

  • content use today

the velocity of content sharing is on the rise. an average of 9 per week. sharing not only internal, but external sources.

CCC, founded 1978, non profit, reproduction rights organziation, like many other countries (Japan has 3). started as a licensing organization. navigate vast amount of data, make informed decisions. 16.5% possibility for unlicensed sharing of info.
THe COVID situation increased further content sharing.

methods for sharing content are shifting. email remains the preferred method of sharing. Intranet posting remains. MS Teams, Google Meet, Slack and other collaboration tools

  • US copyright basics

purpose of copyright. US Constitution, Article 1, Section B
To promote the progress of science and useful arts, by securing for limited times…”

US copyright law protects the rights of authors of “original works of authorship”

106 exclusive rights of the rights holder. 5 exclusive rights: reproduction; distribution of copies ; create a derivative work; perform publicly; display publicly.

After 1978 (70 years rule, after author’s death), the author has copyrights
Works for hire, anonymous, 95 years from publication, 120 years

public domain: works of the US federal government when used in the US.
works published before 1926; from 1926 to 1963 failed to register or renew copyright registration; prior to 1989 and failed to include copyright notice

OER: logistical nightmare; open doesn’t always mean free; fair use may not apply; copyright permissions may be difficult and expensive

copyright registration : creates a searchable public record; required to sue for infringement
copyright notice: not required but recommended; copyright registration not required to display the copyright symbol (since 1989).

attribution: not a substitute for permission

public domain: does not mean “publicly available”

copyright infringement

  • limitations and exceptions

US Code Title 17, Chapter 1 # 101 #107 3108 #109 #110 #122

Fair Use: it is a legal defense. attempt to balance rights of
4 Fair Use factors considered by courts. it can be slippery slope

#110(1) performance and display in the classroom. in a F2F classroom, copies to help students is allowed. in the course of teaching activities. for non profit ed institutions
#110(2) for online distance education TEACH Technology, Education, and Copyright Harmonization Act of 2002

#108 reproduction by libraries and archives. exemptions ILL and coped for patrons. Digital copies for library’s own use . for preservation and replacement. No more then a single copy per patron. also limitations on types of materials.

  • strategies for success

annual copyright license
campus-wide coverage

get it now service (document delivery service). Augments ILL operation. In cooperatin with Elsevier and more

pay per view services on copyright.com

http://www.copyright.com/learn

Q&A:
Is copyright permission needed for URL use in the classroom? If so, what are the best methods for obtaining copyright permission for URLs?

What solutions does CCC provide for libraries wanting to provide electronic article access to students for their courses for material they don’t subscribe to.

How can one found out if one’s library is covered by a campus-wide license.

I am working with a student who would like to include figures from published academic articles and books in his dissertation. If he is not able to obtain permissions before the due date, does it seem like this would fall under fair use for academic purposes (not publishing or profit)? Thank you.

How does controlled digital lending (CDL) operate in an academic environment. Can you digitize an analog book owned by the library for posting in Moodle to support distance learning?

How can a user know what is and what is not the core of the document? or Book?

What about providing a link to an article or other material that is publicly available when you click on the link? How/why is that different from printing it and distributing it?

Can an author send her article to participants in the journal club? (journal not subscribed to by library or attendees).

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more on copyright in this IMS blog
https://blog.stcloudstate.edu/ims?s=copyright

Case Act Copyright trolling

‘Tis The Season: Congress Looks To Sneak In Unconstitutional Copyright Reform Bill Into ‘Must Pass’ Spending Bill from r/technology

https://www.techdirt.com/articles/20201201/10514145802/tis-season-congress-looks-to-sneak-unconstitutional-copyright-reform-bill-into-must-pass-spending-bill.shtml

the many problems with the CASE Act,

overhauling the copyright system to enable massive copyright trolling

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more on copyright in this IMS blog
https://blog.stcloudstate.edu/ims?s=copyright

common copyright misunderstanding

https://www.freetech4teachers.com/2020/10/addressing-two-common-copyright.html

Stanford University Library’s Measuring Fair Use

unless the images the person is using are so unique that there is nothing else like them and she’s using them in a critique or as an instructive example (for example, explaining an aspect of a Picasso painting) that’s not fair use.

Copyright for Teachers was a free webinar that Dr. Beth Holland and I hosted a few years ago. We addressed a slew of copyright questions and scenarios during presentation. You can watch the recording here.

In Three Lessons to Learn From the $9.2m Copyright Ruling Against Houston ISD I summarized what went wrong and how to avoid making the same mistakes.

fair use. You can watch that segment here.

Richard Stim, a major contributor to the Stanford site mentioned above, has a book called Getting Permission: How to License & Clear Copyrighted Materials Online & Off.

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more about copyright in IMS blog:
https://blog.stcloudstate.edu/ims?s=copyright

Copyrighted Works Freely Available

Thousands of Copyrighted Works Will Now Be Freely Available to Teachers

https://blogs.edweek.org/teachers/teaching_now/2019/01/public_domain_day.html
Why has it taken almost 100 years for these copyrights to expire? In 1999, Congress passed the Copyright Term Extension Act, which extended protections for rights holders for 20 years. That created a two-decade gap between the works of 1922—which passed into the public domain in 1998, before the law was passed—and those of 1923.
Some teachers on the lesson marketplace Teachers Pay Teachers are profiting from materials adapted or taken wholesale from other educators.
Of course, even before books, movies, and musical compositions passed into the public domain, teachers looking to reprint and distribute them in part could have claimed fair use—an exception to copyright law that allows excerpts of protected material to be used for criticism, research, journalism, or teaching without permission or payment. But what counts as fair use is decided in court, and educators could still have faced legal challenges—especially if they distributed or sold their work to other teachers.
Duke University’s Center for the Study of the Public Domain has listed (and linked to copies of) some of the most well-known titles. And the digital library HathiTrust has compiled over 50,000 works that are now freely available.
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‘The drought is over’: mass US copyright expiry brings flood of works into public domain

https://www.theguardian.com/books/2019/jan/02/the-drought-is-over-mass-us-copyright-expiry-brings-flood-of-works-into-public-domain

 

free visuals and a guide to copyright

guide (available as PDF here and Google Doc here) to offer some explanations of how to avoid copyright infringement by using media that you can legally re-use for classroom projects including blog posts, web pages, videos, slideshows, and podcasts. The guide also includes 21 places to find media to use in classroom projects.

FOR MORE INFO ON COPYRIGHT AND RELATED (fair use, Creative Commons etc.): contact Rachel Wexelbaum, rwexelabum@stcloudstate.edu

A Guide to Finding Media for Classroom Projects

Please have an excellent outline of what “free” means, what is Creative Commons, what is Public Domain + stock sites with images:

Dreamstime

Free Digital Photos

Free Images

Free Range Stock

Free Photos Bank

ImageFree

IM Free

Morguefile

Pixabay

Public Domain Pictures

and many more at http://blog.bufferapp.com/free-image-sources-list

 

https://www.videezy.com

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more on free visuals in this iMS blog
https://blog.stcloudstate.edu/ims/2016/04/07/stock-photos/

https://blog.stcloudstate.edu/ims/2014/06/01/social-media-and-presentations-free-image-sources/

https://blog.stcloudstate.edu/ims/2018/11/01/public-domain-video-clips/

http://www.freeimages.co.uk/index.htm

http://www.socialmediatoday.com/marketing/2015-02-27/20-sites-get-free-stock-images-commercial-use

https://pxhere.com

Copyright and Fair Use guide

An Extensive Guide to Copyright and Fair Use

Friday, December 21, 2018 https://www.freetech4teachers.com/2018/12/an-extensive-guide-to-copyright-and.html

guide to locating media for use in classroom projects.

basic summaries of the concepts of public domain, Creative Commons, and fair use. In the section on fair use Stanford University Libraries’ Copyright & Fair Use guide.

Websites: Five Ways to Stay Out of Trouble.

a copy here as a Google Doc or here as a PDF

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more on copyright in this IMS blog
https://blog.stcloudstate.edu/ims?s=copyright

fair use in this IMS blog
https://blog.stcloudstate.edu/ims?s=fair+use

Copyright topics MnSCU

Important Copyright Topics at Minnesota State Colleges and Universities

Gary Hunter ASA System Director for Policy, Procedure, and Intellectual Property

October 24, 2017  Koffee with Karen Webinar

Koffee with Karen (Copyright) 10.24.2017-1kjgygr

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more on copyright in this IMS blog:
https://blog.stcloudstate.edu/ims?s=copyright

Who Will Answer Your Copyright Question?

Lawyer or Librarian? Who Will Answer Your Copyright Question? – S
http://www.iposgoode.ca/2015/09/lawyer-or-librarian-who-will-answer-your-copyright-question/

Copyright law is no longer just the domain of lawyers. While there is a definite and important role in copyright for lawyers, the role of librarians has and will continue to increase when it comes to the day-to-day management of copyright law, and there’s a balance between what lawyers may do and what librarians may do.

This balance suggests the need for collaboration. Sometimes the teaming up of lawyers with librarians and information specialists may be the best strategy.

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