“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
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).
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.
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
Gary Hunter. copyright. movies, public performance rights, youtube videos. up
the compliance of the terms of service of the web site. Contract law. copyright law. system procedure – copyright clearance, clearing the copyright means using it without violating the copyright law.
clearing copyright:
determine if materials are or are not protected
use your own original materials
perform fair use analysis with fair use checklist to usitify use
use in compliance with sections 110 (1) & (2) of copyright act
use materials avaialble through an open or CC license
get permission (letter, email, subscription, license, etc.)
fair use >> . transformation: 1. add / subtract from original 2. use for different purpose; >> parody songs – using enough of music and words to recognize the song, but not enough to it to be copyright infrigement. memes.
students’ use of copyrighted works. students may: use the entire copyrighted work but not publish openly
copyright act #110 (1) applies to F2F teaching.
copyright act #110 (2) applies to Hybrid/Online teaching. exception one digital copy can made and uploaded on D2L. reasonable and limited portions of dramatic musical or audiovisual works
if people identifiable ask them to sign a media release form
plagiarism v copyright infringement.
Creative Commons (CC). search engine for content available through cc licenses. https://creativecommons.org/ CC BY – attribution needed; CC BY-SA may remix, tweak CC BY-ND can redistribute, but not alter CC BY-NC for non profit. CC BY-NC-SA
copyright questions
book chapters: one is a rule of thumb
PDF versions of the eassays textbook acceptable, if the students purchased it
music performance licenses: usually cover – educational activities on campus; ed activities at off-campus locations that are outreach
As cited in our blog entry of May 29, 2014, one of the most important steps to secure success of your social media presence is the use of images: https://blog.stcloudstate.edu/ims/2014/05/29/social-media-11-tips-for-using-images-on-twitter/ In this blog entry, we share with you a large (53+) sites with free images. Do you know/have you used successfully a site with free images not listed here? Please DO share…
Please have an excellent outline of what “free” means, what is Creative Commons, what is Public Domain + stock sites with images:
