“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
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
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.
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
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
Thousands of Copyrighted Works Will Now Be Freely Available to Teachers
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.
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.
Librarians OER Workday
SCSU ad hoc team on open books from Spring 2015
https://blog.stcloudstate.edu/ims/2016/04/06/e-textbook-ad-hoc-team/
Gary Hunter
Creating OER Texbooks using copyright and CC licensed materials.
http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/index.html
http://www.minnstate.edu/system/asa/academicaffairs/policy/ip/index.html
What can be put on the OER textbooks:
D2L upload: every time, it is called “distribution.”
plays, music, prerecorded files such as DVD, music CD.
sculpture or painting on a Web site,
five rights avoid violating. System procedure 3.27.1 copyright clearance
DMCA Digital Millennium Copyright Act
there are certain works which are not protected
The difference between Plagiarism and copyright infringement
CI is a violation of a federal law. Plagiarism can turn into CI.
creative commons
NC – no competitor can take our work and use it against us.
faculty can use anything in F2F, which is lawfully obtained. Flickr, photo without violating the regulations, it can be used in a PPT, but only on a F2F classroom. In OER, it needs to be revised.
Gary can share a “media release” form (slid 17).
Open Textbook Institute (Kimberly Johnson)
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Shane Nackerud and Matthew Lee
use of Pressbooks (it is open source). Minitex pays a vendor to host it, but it can be hosted locally, because it is open source
https://mlpp.pressbooks.pub/
Minnesota Library Publishing Project – partner ship between Minitex and public libraries.
authoring tool. Platform to edit and publish.
Building an Ebook Platform from Scratch: Are You Daft?
https://blog.stcloudstate.edu/ims/2017/03/07/library-technology-conference-2017/
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Alex Kent, Digital Initiative Librarian
Islandora
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OER stakeholders and critical contacts on your campus: CETL, TLTR
Preparation: as per link above, the libraray (former LRS) met in the spring of 2015
what is the role of the library staff in the OER movement. promote what already exists. Open textbook group https://www.cccoer.org/
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Stephen Kelly, OER Project Grants Manager
https://www.opened.com/
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more on OER in this IMS blog
https://blog.stcloudstate.edu/ims?s=open+source
Free Course – Copyright for Educators & Librarians
http://www.freetech4teachers.com/2014/06/free-course-copyright-for-educators.html?m=1
Copyright can be one heck of a confusing topic. There seems to be an endless number of nuances and exceptions to copyright rules. To help educators gain a better understanding of copyright as it relates to schools, instructors from Duke, Emory, and UNC Chapel Hill have created a Coursera course titled Copyright for Educators & Librarians.
Copyright for Educators & Librarians is a four week course beginning on July 21st. It is free to register and participate in this online professional development course. Attendees who desire a “verified certificate” can register for that option for a $49 fee.
The course will feature four units of study:
- A framework for thinking about copyright.
- Authorship and rights.
- Specific exceptions for teachers and librarians.
- Understanding and using fair use.
