Copyright Smorgasbord for UC Irvine April 2015

Katie’sUC Irvine

Copyright Smorgasbord

April 8, 2015

[email protected]@kfortney

Plan for Today

A little bit of a lot of things

• Copyright & Fair Use from 30,000 feet

• Creative Commons licenses

• Journal author agreements

Not on today’s menu

• Other exceptions like libraries & classroom performance

• Works for hire• UC copyright & OA

policies• TEACH Act• DMCA anti-circumvention

rules and takedown procedures

I. Copyright & Fair Use

US Copyright law protects…

original works of authorship fixed in a tangible medium of

expression(but not federal govt. works)

(and only for limited times)(and there used to be a lot of rules)

Copyright -> Exclusive rights

• Reproduction• Distribution

• Public performance• Public display

• Creation of derivative works

Fair Use

Fair use, including for purposes such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement. Factors to be considered include:(1)the purpose and character of your use;(2) the nature of the work you’re using (not your new

work);(3) the amount/substantiality used;(4) the effect of the use on the market for the work

you’re using.- see 17 U.S. Code § 107

Can fair use help when…

• A professor who doesn’t like the course management system has a number of video clips from Hollywood movies from the 1960s to the 1990s. She wants to share them with her students for watching outside of class in preparation for class discussions about how the movies portray smoking. She plans to put them on YouTube. The clips range from under 30 seconds to over 5 minutes long.

Never “always” and never “never”

(From http://en.wikipedia.org/wiki/Fair_use#Common_misunderstandings)

Some commercial fair uses

• Bloomberg doesn’t need Swatch’s permission to publish an analyst call it wasn’t invited to

• You can record TV to watch it later, and Sony can sell you VCRs to do it

• Google can scan millions of books in their entirety

Trans…former..what?

• “whether the new work . . . adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message”

-Campbell v. Acuff-Rose, 510 US 569 - Supreme Court 1994

1. Did the use “transform” the material taken from the copyrighted work by using it for a broadly beneficial purpose different from that of the original?

2. Was the material taken appropriate in kind and amount?

Examples

• DK Publishing can sell Grateful Dead books that include images of concert posters

• Turnitin doesn’t need student authors’ permission to maintain its database for plagiarism checking

• The Harry Potter Lexicon would have been okay with less verbatim copying

Avoid re-inventing the wheel

• Statistically significant factors

• Transformativeness• Codes of Best Practice

arl.org/fairuse

Other recent codes at http://www.cmsimpact.org/fair-use/best-practices • Collections containing

orphan works• Visual Arts

Still worried about certainty?

You don’t have to be certain.– There’s a good faith fair use

defense for libraries and their employees.

– Sovereign immunity can be helpful for state institutions.

II. Creative Commons Licenses

The problem: copyright defaults don’t suit everyone

CC Licenses as a Solution

• Require giving credit• Author keeps copyright ownership• Widely used (for all kinds of

content)• Machine readable• Six different licenses to choose

from

Keys, USS Bowfin by Joseph Novak CC BY http://www.flickr.com/photos/josephleenovak/5559755789/

CC BY: Attribution

Bare bones by Caroline CC BY http://www.flickr.com/photos/hills_alive/8511444405/

Currently used by PLOS, BioMedCentral, Springer, Wiley, the Institute of Physics, and others.

The NonCommercial (NC) Restriction

• E.g. http://creativecommons.org/licenses/by-nc/3.0/legalcode

• Some debate/confusion about what counts as “commercial”

• Broadest possible reuse vs. discomfort with commercial activity

Forex Money for Exchange in Currency Bank by epSos.de CC BY http://www.flickr.com/photos/epsos/8463683689/

The No Derivative Works (ND) Restriction

• E.g. http://creativecommons.org/licenses/by-nd/3.0/legalcode

• No “translation, adaptation, derivative work,” etc.

• Inclusions in collections and anthologies still allowed.

• Encouraging as many translations as possible vs. tightly controlling them Building Blocks by tiffany terry CC BY

http://www.flickr.com/photos/35168673@N03/6086229920/

The ShareAlike (SA) Restriction

• E.g. http://creativecommons.org/licenses/by-sa/3.0/legalcode

• Applies to Adaptations, but not Collections

• Ensures translations will be shared, but dictates translators’ choice of license

Photo by Katie Fortney

Choosing a License

Think about needs of

• Creators/©owners• Readers• Adapters/remixers• Services and

intermediaries

Stone balancing! by Giles Turnbull CC BY-NC http://www.flickr.com/photos/gilest/132093750/

Resources and Tools

• Creative Commons has LOTS of information and resources, – About the Licenses: http://creativecommons.org/licenses/

– NonCommercial (definitions and confusion): http://wiki.creativecommons.org/Defining_Noncommercial

– ShareAlike: http://wiki.creativecommons.org/Share_Alike

– Wiki, FAQs: http://wiki.creativecommons.org/FAQ

• DOAJ proposed new critera: http://www.doaj.org/doaj?func=news&nId=303&uiLanguage=en

• OASPA FAQ on licensing: http://oaspa.org/information-resources/frequently-asked-questions/

Which would you choose ?

Imagine you’ve been drafted to make a recommendation of which CC license to use for…• the UCI-authored content on the

library website • an archival collection being digitized

for online public access, and UCI owns the copyright

III. Author Agreements

“A what?”

Implied Licenses

Common terms

• Originality & the like

• What the publisher can do with the article

• What the author can do with the article

Where can you find them?

?

A few examples…

• Which would you prefer– As an author– As a publisher– As a reader?

What about eScholarship?

Questions?