When:  October 24, 2017    2:00-3:00pm
Where: Adobe Connect meeting:  https://webmeeting.minnstate.edu/oercommunityconversations

Who: Karen Pikula, Psychology faculty, Central Lakes College, and Minnesota State OER Faculty Development Coordinator

Special Guest: Gary Hunter System Director for Intellectual Property

Questions?  

Feel free to contact Kimberly Johnson, Director of Faculty and Instructional Development at kimberly.johnson@minnstate.edu or Karen Pikula, Minnesota State OER Faculty Development Coordinator, at karen.pikula@minnstate.edu.

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notes from the webinar

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.)

http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html 

8 categories of copyright works

establishing copyright. eligibility requirements;

• fixation
• originality
• minimal creativity

when these three criteria met, copyright arises automatically.

registering a copyright https://www.copyright.gov/ . $35. 70 years for individuals and 95 for corporations or 210 years

not protected by copyright

• public domain (expired copyright/donated)
• federal gov publications and web site info
• works typically registered as a trademark
  • tag lines and slogans
    • just do it – nike 1988
    • got milk – 1993
• math equations and formulas
• recipes
• blank forms
• phone books

copyright holder exclusive rights

1. make copies of the work
2. prepare derivative works
3. distribute copies
4. perform the work – performing live (band concert); pre-record audio visual of the same items. DVD play of a movie is considered “performing”
5. display the work

legality vs reality

legality – activity may be copyright infringement from a legal point of view.

reality – tolerated or ignored by the copyright holder for various reasons

limitations on copyright

• fair use (#107). librarians use it a lot to copy. using copyright works in F2F teaching, scholarship, research and other non-profit ed purposes.
  1. criticism, comment, news reporting, teaching, scholarship, research

four factors to consider (not educational exception) ; it is a four part test to apply: 1. purpose and character if tge yse 2. nature of the copyirghted work (e.g. factual v creative) 3. amount
http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/docs/Fair_Use_Checklist1.pdf

http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html

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

http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html

personal use v public performance.

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

music licenses: BMI, ASCAP, SESAC

#201. Ownership of Copyright. Student ownership http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html

MnSCU board policy 3.26 intellectual policy. part 4, subpart A: institutional works; scholarly works; personal works; student works. MnSCU board policy 3.27.1: copyright clearance.

Gary.Hunter@so.mnscu.edu

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