Fair User Practices and Copyright Issues

A short presentation by Team B:

Janielle Tandoc, Jamie Howard, Asia Meno, & Marika Sucgang

Copyright

What is a Copyright?

Copyright Defined

• "A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship."
• "The expression copyright refers to the act of copying an original work which, in respect of literary and artistic creations, may be done only by the author or with the author’s permission.​"
• "The fundamental purpose of copyright protection is to provide incentives to writers, artists, and other creators to continue creating new pieces."

​

Copyright Defined (cont.)

What is a valid copyright notice?

What does copyright allow creators to control?

• Copyright allows creators to control:
• ​Who may make copies of the work and under what circumstances.
• How the work may be distributed and in what forms.
• When and how the work may be displayed or performed.
• Access to creating a spinoff or translation using parts or all of the original work.​

​

​

• A copyright notice should contain…
• The word “copyright”
• A “c” in a circle (©)
• The date of publication, and
• The name of the author OR the owner of all the copyright rights ​​

​

What works are protected?

Protected Works and Non-Protected Works

• Copyright protects works such as:
• Poetry, movies, streaming audio, and video, video games, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography, and architectural designs
• To qualify for copyright protection:
• A work must be "fixed in a tangible medium of expression”. This means that the work must exist in some physical form or at least some period of time, no matter how brief.
• The work must be original - independently created by the author.
• A work must be the result of at least some creative effort on the part of its author

What works are not protected?

Protected Works and Non-Protected Works (cont.)

• Copyright DOES NOT protect:
• Facts - whether it's scientific, historical, biographical, or news of the day
• Underlying ideas the author's work communicates
• United States government documents
• Non-creative lists (phone directory or grocery lists)
• Creative works that are sufficiently old (may have expired)

​

Copyright Protection Period

How long does the copyright protection last?

When can I use a work without the author's permission?

• For works published after 1977, the copyright lasts for the life of the author PLUS 70 years.
• If the work is work for hire (work that is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years.

​

• When a work becomes available for use without permission from a copyright owner, it is said to be in the “public domain."

Public Domain

What is the public domain?

• Public Domain:
• The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. Anyone can use a public domain work without obtaining permission, but no one can ever own it.
• There are four common ways that works arrive in the public domain:
• the copyright has expired
• the copyright owner failed to follow copyright renewal rules
• the copyright owner deliberately places it in the public domain, known as “dedication,” or
• copyright law does not protect this type of work.

Limitations and Exceptions

What are the limitations?

What are the exceptions?

• Duration of copyright:
• ​​Limited duration after the copyright material enters the public domain and can be used by anyone
• The extended term of protection is now beyond one's lifetime
• Limited suite of rights​:
• ​​The right to reproduce, to communicate to the public, and to publish
• Uses that do not fall under these rights are not subject to the copyright owner's control
• Subject matter​​​:
• ​​Copyright is historically applied only to books
• A monopoly right

• A special case
• Does not conflict with a normal exploitation of the work
• Does not prejudice the legitimate interests of the author

Issues and Solutions

What are the issues? How can they be solved?

• Plagiarism:
• When someone steals your personal work, ideas, writing, etc.
• Resolved in court under Section 1498 of Title 28 grants final junctions to prevent copyright infringement
• Ownership:
• Under the U.S. law, the creator can copy a work, sell, rent, or lend copies and publicly perform works
• Resolved under the details of what was set out in your contract

​

Issues and Solutions (cont.)

• Creative Commons, Freeware, & Shareware:
• Creative commons enables sharing knowledge of works and freeware and shareware are software offered free of charge
• Can gain protection through legal agreements and licenses
• Website Copyright:
• The basic design and contents of a website is copyright
• Resolved in court
• Length of Copyright:
• Different lengths of copyright
• Can sue for breach of copyright on older pieces of work

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• Breach of Copyright Abroad:
• U.S. copyright laws do not apply to other countries
• Most countries signed under the earlier Berne Convention and other countries are now signed to the Universal Copyright Convention
• Exceptions:
• The Berne Convention allows for "fair use" of copyright works
• Short items are not covered by U.S. copyright but can be covered by patent law

Fair Use

Fair Use Defined

What does “fair use” mean?

• Fair use is copying copyrighted material for "transformative" uses.
• ex: to comment, criticize, or parody copyrighted work.
• Fair use allows someone to copy or re-use copyrighted material within the legal bounds that is still fair to the creator.
• Fair use puts limits on the "transformation" of copyrighted work, so that asking permission to use copyrighted work is not necessary.
• ex: news reporting, commentary, educational purposes

​

The Four Factor Test

What is the four factor test?

What are the four factors?

• An organized test (consisting of four factors) used by court judges to settle "disputes" over copyright/plagiarism issues.

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1. The purpose and character of your use:
• You use the original for a new purpose
2. The nature of the copyrighted work:
• The original you want to use is primarily informative or factual in nature, as opposed to highly creative.
3. The amount and substantiality of the portion taken:
• You use only a small portion of the other person’s work and only as much as you need to make your point
4. The effect of the use upon the potential market:
• Your use won’t be able to replace the original in the marketplace – the owner/artist would still be able to distribute their work as they choose.

Educational Guidelines

What are the educational guidelines?

• Applies to material that are for educational purposes and are used in educational institutes
• Educational purposes are:
• Curriculum-based teaching by educators to students at nonprofit educational institutes
• Planned noncommercial study directed toward making a contribution to a field of knowledge
• Presentation of research findings at non-commercial peer conferences or seminars
• The guidelines allow educators to make a copy of any of the following:
• A chapter from a book
• An article from a periodical or newspaper
• A short story, essay, or poem
• One chart, graph, diagram, drawing, cartoon, or picture per periodical or newspaper
• Educators may NOT photocopy workbooks, texts, standardized tests, etc.

When can students and educators take advantage of “fair use” of copyrighted material?

• For many educational uses, however, it may be OK for teachers and students to engage in these activities without the copyright holder’s permission due to a part of copyright called fair use.
• It is fair use when students reuse pieces of someone else’s work on a school project
• This fair use analysis changes if the students post those projects online
• Students would have to consider how much of the original content they used and if posting the project could hurt the original creator
• If fair use does not cover what a student or educator wants, they could obtain permission from the copyright holder
• Students and educators should think about creating their own material

Importance of Copyright for Educators & Students

Why Should Educators Learn About Copyright?

• More than ever, teachers are pushed to be creative with their teaching lessons. This means they have to create video slides, design powerpoints, and maybe even parody a song to help their students learn a topic.
• Because teachers are pushed to be more creative, they should learn the boundaries of plagiarism and copywriting to avoid penalty and stealing another’s work.
• Different forms of protection: ​​
1. "Attribution: proper acknowledgement of the said work."
2. "Copyright: gives creator power/control over their work"

Why Should Students Learn About Copyright?

• To preserve and protect their hard work.
• To be free to share and publish their creative work if they want to .
• To prevent stealing or “accidentally” stealing another’s work.
• Students "should know both how copyright protections apply to them and how to respect the copyright protections of the works they may have reused or remixed during the creation of their work.”

Creative Commons

What is Creative Commons?

What do Creative Commons Licenses do?

Creative Commons

• A nonprofit organization that provides a platform for people to make sharing their creative and academic work and other common works easy and accessible.

• Allows for access to published work, application of license depends on which of the 6 types you have/use
• License types:
• Attribution, ShareAlike, MonCommerical, Non Derivatives

​

Attribution (CC BY)

Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)

Attribution-NonCommercial (CC BY-NC)

Attribution-NoDerivs

(CC BY-ND)

Attribution ShareAlike (CC BY-SA)

Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)

Creative Commons Licenses

This license allows for others to distribute, remix, adapt, and build upon original creator(s) work as long as they are credited.

This license allows for your work to be reused for any purpose, and if shared it should be in the form with credit to the original creator(s).

This license allows others to download your work and share them with others non-commercially, as long as they credit the original creator(s).

This license allows other to remix, tweak, and build upon your work whilst crediting you, but they must license their own work under the same terms of CC BY-ND.

Similar to license type CC BY-NC, only if they give credit and license their new work under the license type CC BY-NC-SA.

This license allows others to remix, tweak, and build, but their new work must acknowledge you. Their derivative works don't have to be on licensed the same.

THANK YOU!

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References for Information

• https://fairuse.stanford.edu/overview/
• https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
• https://fairuse.stanford.edu/overview/fair-use/four-factors/
• https://fairuse.stanford.edu/overview/faqs/copyright-protection/
• https://fairuse.stanford.edu/overview/faqs/copyright-basics/#what_types_of_creative_work_does_copyright_protect
• https://fairuse.stanford.edu/overview/faqs/copyright-basics/
• https://fairuse.stanford.edu/overview/faqs/copyright-protection/
• https://fairuse.stanford.edu/overview/public-domain/welcome/https://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/
• https://copyrightalliance.org/ca_faq_post/what-is-copyright/
• https://www.wipo.int/edocs/pubdocs/en/wipo_pub_909_2016.pdf
• https://www.bidsketch.com/blog/everything-else/copyright-issues/
• https://www.ifla.org/publications/limitations-and-exceptions-to-copyright-and-neighbouring-rights-in-the-digital-environm
• https://creativecommons.org/about/
• https://creativecommons.org/licenses/

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