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Copyright/OA Bootcamp
Welcome
Copyright/OA Bootcamp
Bobby GlushkoUniversity of Michigan
Copyright Office
Copyright/OA Bootcamp
Copyright Basics
Copyright
17 USC §§ 101-1332
That's a lot of sections
So we better get started!
I kid...
102- Subject Matter of Copyright
106- The Exclusive Rights
107- The Fair Use Limitations
108- The Library Exemptions
17 USC 102- Subject Matter of Copyright
What can be protected by copyright?
Copyright Subsists In:
1)[O]riginal works of authorship 2)fixed in any tangible medium of expression, now
known or later developed.
Original Works of Authorship
No protection for something that has already been authored by someone else...
Fixed in any tangible medium
Must be in observable, concrete form
No matter how grand or trivial
Youtube Videos of your cat
The new American Novel
Shopping List
Published and Unpublished
Protection applies regardless.
In fact, it may be stronger for unpublished works.
17 USC 106- The Exclusive Rights
Copyright is fundamentally about excluding others from
the use of non-rivalrous property
Exclusive rights in copyrighted works
1. Reproduce the work
2. Reinvent the work
3. Distribute the work
4. Perform the work
5. Display the work
6. Transmit the work
Most relevant here
1. Reproduce the work
2. Reinvent the work
3. Distribute the work
Right to control reproductions
Right to control derivative works
Right to control distribution
17 USC 107 – The Fair Use Limitation
The exclusive rights have limits.
The 1st Amendment demands this.
The enumerated fair uses
Criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research.
4 Factor Test
The Nature of the original work
The Purpose of the use
The Amount of the original work
The Effect on the Market for the original
Unlisted Factor
Are you a good guy or a bad guy?
17 USC 108- The Library and Archive Exemptions
Because of the vital role they play, libraries have a special set of exemptions
The Library and Archive Exemptions, Generally
Libraries and archives are allowed to do the following otherwise infringing activities:
1. Make and distribute reproductions to patrons
2. Make reproductions for preservation or replacement
3. Enhanced rights where the work is not available at a reasonable price
Don't forget 107
108 works along 107. Double limitation!
Shameless Self Promotion
Pushing Libraries and Archives to the Edge of the Law
Bobby Glushko
Available on SSRN
The Digital Millennium Copyright Act
Complex Legislation
Varying Relevance
Notice and Takedown
Pretty much saved the Internet.
Only Applies to OSPs
But the general principles apply to all actors on the Internet.
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