Mar
2021
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
