Poster Session-Copyright Paul Royster UNL Libraries
Paul Royster, Coordinator, University Libraries, University of Nebraska-Lincoln
Title: Copyright Basics: Who, What, When, Where, Why & How Much
Toggle between list and paragraph view.
- [00:00:01.000]Okay. Take six people.
- [00:00:03.240]Good morning.
- [00:00:04.080]I'm Paul Royster.
- [00:00:05.080]I'm with the UNL Libraries.
- [00:00:06.800]I'm here today
to talk about copyright basics.
- [00:00:09.920]And I'm going to plunge right into it
because I don't have much time here.
- [00:00:14.040]Here we go.
- [00:00:15.600]All right.
- [00:00:15.880]Copyright basics the who, what, when,
where, why and how much of copyright.
- [00:00:20.640]All in about 5 minutes.
- [00:00:23.280]Who owns copyright?
- [00:00:24.440]Copyright belongs to the author,
the artist to the creator.
- [00:00:29.720]And then to whoever
they have transferred it
- [00:00:32.160]to because it's property
and it can be sold or given away.
- [00:00:37.600]Does the author still own it?
- [00:00:40.080]No. Not if it's been transferred.
- [00:00:42.240]Not if it's been sold or transferred
or given away.
- [00:00:45.520]As as many scholarly works often are
- [00:00:49.080]What if there are multiple authors?
- [00:00:51.440]Copyright is shared equally among them,
although the proceeds of the earnings,
- [00:00:55.760]the income that can be split differently
- [00:00:57.880]according to other agreements,
but the copyright is shared equally.
- [00:01:01.880]Any coauthor can give permission to use,
- [00:01:05.280]but copyright transfer requires
the agreement of all the authors.
- [00:01:09.760]Now, what is copyright cover?
- [00:01:11.080]Copyright covers
the exclusive right to reproduce
- [00:01:14.840]or perform or permit derivative products.
- [00:01:18.320]It does not cover particular words
and phrases or titles or facts.
- [00:01:23.240]It does cover their expression,
organization or arrangement
- [00:01:27.680]When does copyright apply?
- [00:01:29.720]It applies from the time
the work assumes fixed form.
- [00:01:33.200]That is when it's written down
or taped or recorded.
- [00:01:37.080]In some fashion.
- [00:01:39.040]And it lasts until 70 years
- [00:01:41.320]after the death of the last surviving
- [00:01:45.200]Nowadays, is that the rule
for about the last 40 years,
- [00:01:49.120]copyright marking or registration
is not needed for copyright to apply.
- [00:01:54.440]It used to be, but again,
under the new laws it's not required.
- [00:01:57.800]It's automatic.
- [00:01:59.000]Copyright is automatic.
- [00:02:01.600]Where does copyright apply?
- [00:02:03.480]Copyright applies almost everywhere.
- [00:02:05.760]All signers of the Bern Convention,
all members of the World Trade
- [00:02:10.240]There are some differences
in terms and rules,
- [00:02:12.840]but intellectual property is protected
- [00:02:15.800]You would want to find yourself.
- [00:02:18.120]Why is there copyright?
- [00:02:19.920]Well, there's copyright to protect and
to stimulate innovation and creativity.
- [00:02:24.800]If you imagine a world without copyright
it would be chaos.
- [00:02:29.160]Nobody could get paid
for their intellectual property.
- [00:02:32.200]You could only do it for the fun of it.
- [00:02:33.880]And then you couldn't control
what happened to it afterwards.
- [00:02:39.120]So what can I use in an OER?
- [00:02:40.760]Let's get to the heart of the matter.
- [00:02:42.080]You can use original work.
- [00:02:44.240]You can use public domain material.
- [00:02:47.000]You can use permissioned work,
- [00:02:49.280]and you can use licensed work.
- [00:02:51.880]So original work.
- [00:02:52.920]Well, of course,
you know all your writings and research
- [00:02:55.520]and everything
that you come up with on your own.
- [00:02:57.960]You're free to use that. That's great.
- [00:03:00.480]But sometimes you want to borrow something
or you found something that would
- [00:03:03.400]be really useful, and you'd like to
use it but it's in copyright.
- [00:03:09.240]My suggestion in such cases
is that you engage someone to redraw.
- [00:03:12.800]It has a work for hire so that you really
then own the rights you acknowledge.
- [00:03:19.000]The source, of course,
- [00:03:19.920]is after Jones in such
and such an article or book or whatever.
- [00:03:24.560]This is basically graphic, paraphrasing,
- [00:03:27.480]and it's legitimate.
- [00:03:30.400]So public domain work.
- [00:03:33.000]The first category would be expired
- [00:03:35.920]Everything published before
1926 is out of copyright.
- [00:03:40.440]It's public domain.
- [00:03:41.800]You're free to use it however you want.
- [00:03:44.040]No attribution, no permission, nothing.
- [00:03:49.640]Published and registered
- [00:03:51.520]between 1926 and 1963
- [00:03:54.640]and not renewed
copyright used to run 27 years
- [00:03:57.600]and at the end of that time if you didn't
renew it it became public domain.
- [00:04:01.800]So you can check these registrations
and renewals online.
- [00:04:05.600]Now subsequently that's changed
the cutoff date here is 1963. So
- [00:04:12.080]public domain U.S.
- [00:04:13.160]government works works of the U.S.
- [00:04:15.080]government are not subject to copyright
- [00:04:18.200]and that means specifically works
- [00:04:21.280]by employees
or officials of of the federal government.
- [00:04:25.160]This applies to federal workers so that
that means that everything from USDA U.S.
- [00:04:31.160]geological NASA, Noah,
Army, Navy, Air Force, Coast Guard,
- [00:04:36.560]EPA, CDC, NHS,
- [00:04:39.160]DOJ, FBI, that's all free to use.
- [00:04:42.400]You can use that
Put it in your OER It's public domain.
- [00:04:46.960]These places
many of them have image libraries
- [00:04:49.720]plus the publications of their employees.
- [00:04:52.880]Just a note.
- [00:04:53.520]This did not apply to Smithsonian
or the Department of Energy Labs
- [00:04:57.360]because those are actually not government
- [00:05:00.320]They're employees of contracted out.
- [00:05:04.640]So sorry about that.
- [00:05:09.320]If you want permission to use something,
you have to address
- [00:05:11.600]the holder of copyright and that's not
necessarily the author anymore.
- [00:05:15.560]So if you can find out who that is,
- [00:05:18.360]up, ask
identify the work that you want to use
- [00:05:22.760]and tell them I want
- [00:05:23.920]to include it in an OER to be released
- [00:05:27.000]under a CC license, i.e.
- [00:05:30.680]an infinite number to an infinite audience
- [00:05:33.360]for all time without restrictions.
- [00:05:36.520]So don't be surprised
if they're hesitant about that.
- [00:05:41.160]If they send you to the CCC
- [00:05:44.280]the Copyright Clearance Center,
- [00:05:46.000]there will be fees involved
and then you're on the licensing.
- [00:05:49.760]Licensing for OERs could be challenging.
- [00:05:52.960]Commercial holders
of intellectual property may be reluctant
- [00:05:56.280]to license for unlimited reuse
license rates that is fees
- [00:06:00.920]can be inconsistent,
unpredictable and exorbitant.
- [00:06:04.880]On the other hand, Creative Commons
- [00:06:07.360]things that are already CC license.
- [00:06:09.080]They're generally okay to use
- [00:06:11.040]except for those with an ND
that is no derivatives tag.
- [00:06:14.360]You can't use those. Sorry.
- [00:06:17.800]What about fair use?
- [00:06:19.640]Fair use is a way of using something
that's in copyright without it
- [00:06:23.040]being infringement.
- [00:06:25.080]Now, fair
use can only be definitely established
- [00:06:28.840]by getting sued and then winning in court.
- [00:06:33.200]Courts decide infringement versus
- [00:06:35.520]fair use based on
what are known as the four factors.
- [00:06:38.520]These factors are the nature of the work
Is it factual?
- [00:06:41.560]Is it public?
- [00:06:42.800]That's good.
- [00:06:43.760]Is it private? Is it creative?
- [00:06:45.320]That's less good. The nature of the use.
- [00:06:48.360]It's educational.
- [00:06:49.560]It's noncommercial It's transformative.
- [00:06:52.560]That is. It's it's.
- [00:06:54.360]It's intended to a different end
than the original.
- [00:06:58.520]That's good.
- [00:06:59.160]I mean, the second factor is generally
very favorable for educational works,
- [00:07:05.880]The amount of the work use force,
less is better and more is more suspect
- [00:07:11.280]And finally and really most importantly,
the effect on the value of the original.
- [00:07:16.480]Now, federal
- [00:07:17.280]courts copyright is done in federal court
- [00:07:20.440]and these decisions are made
on the preponderance of the factors.
- [00:07:24.160]That is, you don't know.
- [00:07:26.360]It's up to the judge to decide.
- [00:07:28.920]So using fair
- [00:07:31.920]use and an OER, it just it's you.
- [00:07:35.240]I'm not saying you can't do it.
- [00:07:36.800]I'm just saying it.
- [00:07:38.320]It involves a risk assessment.
- [00:07:41.000]Who will be the publisher?
- [00:07:42.160]Because they're really the ones who are
saying you can't or you can't do it.
- [00:07:45.280]Who decides if you can do it or not?
- [00:07:47.960]And basically ask yourself,
what will happen if somebody alleges that
- [00:07:52.160]this is infringing,
what you withdraw it, will you revise it?
- [00:07:55.560]Will you settle with them
or you go to court?
- [00:07:58.680]Think about it ahead of time
before you just drop that thing in
- [00:08:02.880]if you need more help.
- [00:08:04.280]We're happy to give more help.
- [00:08:05.720]My colleague Sue Gardner is an expert
on copyright as well as many other things.
- [00:08:11.360]We're happy to help you
determine the copyright status of things,
- [00:08:14.840]to find things that are not in copyright,
- [00:08:17.160]and to do other things
that you might need.
- [00:08:19.040]So give us a call,
you know, or actually drop us a line
- [00:08:24.600]and and would be happy to help.
- [00:08:26.440]So I hope you Good luck with your OERs
- [00:08:29.680]I think it's great that you're doing these
We really do
- [00:08:34.160]appreciate them, the ones that we have
in the in our repository.
- [00:08:37.360]Just get a ton of use. So.
So that's great.
- [00:08:40.440]I'm stopping sharing.
- [00:08:41.480]I'm saying goodbye, ending the meeting.
- [00:08:43.320]You all have a great day. Bye bye.
Log in to post comments