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Copyright Law
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Overview
Copyright Management
Copyright affects you.
 | Faculty are Authors and Consumers of Copyrighted Materials | ||||||
| Electronic Access Increases Opportunities
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| Electronic Distribution Increases Exposure to Liability for Copyright Infringement |
What Makes Copyright an Issue?
The Crash Course in Copyright
If you
want to copy, distribute, create derivatives of or display
or perform others' works, you need to think Copyright.
First, The Basic Scheme
| The Law Gives Certain Rights to Copyright Owners |
| Fair Use is the "Play in the Joints" |
| Sometimes You Have to Ask for Permission |
| Sometimes You Are the Owner! |
A Few Particulars
| What Does Copyright Protect?Original works of authorship fixed in a tangible
medium of expression. | ||
| When Does it Begin and End?Today, it begins at the moment of fixation in a
tangible medium of expression and ends at the expiration of 70 years after the death of
the author. Different rules apply to
older works, however, and there are special rules for works-for-hire.
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| What Does it Mean to Owners?Owners have exclusive rights to make copies,
create derivative works, distribute, display and perform works publicly. | ||
| What Does it Mean to Users?If the law protects a work you wish to use, you
must ask for permission from the copyright owner unless your planned use is covered by one
of the law's exemptions, such as fair use. | ||
| What is Fair Use? |
Ownership
| Author is Usually the Owner
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| Employer is the Owner When:
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| System Intellectual Property Policy
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| New Challenges
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Fair Use
Libraries and their patrons have rights of fair use under Copyright Law.
Section 107 of the Copyright Law includes illustrations of potential fair uses and describes four factors that must be taken into account in analyzing whether a use is fair.
Examples: Criticism, comment, news reporting, teaching, scholarship and research
The four factors:
| Character of the Use |
| Nature of the Material to be Copied |
| Amount and Importance of the Part Copied |
| Effect on Market for Permissions |
Getting Permission
| Collective Rights Organizations |
| Contacting the Owner Directly |
| What if the Owner Has Changed? |
| Be Sure the Person Granting Permission Has Authority |
| Should Permission be in Writing? |
| What if you Have Difficulty Identifying the Owner? |
| What if the Owner is Unidentifiable or Unresponsive? |
Applying Analog Fair Use
to Digital Works
| Fair Use Is Not Just For Copies: It Applies to:
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| Normally, Cases Help Us Understand Fair Use in Various ContextsBut, No Cases Directly Address
Fair Use of Others' Works
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 | Commercial fair use cases - trend is towards narrowing the scope of fair use (Texaco; Michigan Document Services) |
| On the other hand, Sega/Nintendo cases indicate that it is fair use to make a copy in order to get at unprotected elements or make a permitted use |
| Bridgeman v. Corel -
exact duplication of public domain work lacks sufficient originality to qualify for
copyright protection under Britain's copyright law |
CONFU Educational Fair Use Guidelines
| Lack of consensus |
| Electronic Reserves |
| Multimedia Fair Use Guidelines |
| Educational Fair Use Guidelines for Digital Images |
| Distance Learning Guidelines |
| UT System Rules of Thumb | ||||||
| The Good Faith Fair Use Defense
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| If Fair Use Does Not Apply, Seek Permission
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Specific Copyright Questions
| Look at All This Neat Stuff in the Library/Archive/Special Collection!
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| I Found It On the InternetNo one cares what I do with it, right?
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| Digitizing Analog Images
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| Incorporating Others' Works into New Works
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| Supplemental Course Materials
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| Library Copies
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| Licensing Access to Digital Works
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Scholarly Electronic
Publication
| Universities Produce, Distribute, Maintain and Consume Scholarly Works | ||||||||||||||||||
| Costs to Buy Back the End Product of University Research Have Far Outstripped Libraries' Financial Resources | ||||||||||||||||||
| Authors, Libraries, Scholarly Presses, Computer Departments and National Organizations are Seeking Solutions
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| ARL/AAU Task Force Suggests a More Active University Role in Copyright Management
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| Scholarly Communication Could Ultimately Operate Under a Different Copyright Paradigm From the Entertainment Industry
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Summary
| Faculty Are Both Owners and Users of Copyrighted Works |
| Faculty Need to Understand Copyright Law to Facilitate University Mission Within Legal Bounds |
| The Electronic Environment Offers New Opportunities to Make Faculty Works More Widely Available and to Use Others' Works in New Ways |
| The Copright Crash Course Offers Online Copyright Support |
Recommended References:
| Offsite: links to others' materials |
Summary of Multimedia Fair Use Guidelines
| Students may incorporate others' works into their multimedia creations and perform and display them for academic assignments | ||||||||||||||||
| Faculty may
incorporate others' works into their multimedia creations
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| Faculty may demonstrate their multimedia creations at professional symposia and retain same in their own portfolios | ||||||||||||||||
| Time limit on fair use: 2 years from completion of the multimedia work | ||||||||||||||||
| Copies limit: generally, only 2, but joint work creators may each have a copy | ||||||||||||||||
| Portion limits:
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The full text of the Multimedia Guidelines is also available (fall 1996).
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Other Presentations | Crash Course in
Copyright
Intellectual Property Section | Office of General Counsel
gharper@utsystem.edu
Last updated: February 7, 2000