Ellen Varley

Distance Learning Specialist

College of Agriculture and Natural Resources

June 15, 2005

© 2005 Ellen N. Varley All Rights Reserved

Copyright and Intellectual Property Issues

Objectives

• To determine difference between copyright and intellectual property

• To identify ways to request permission to use copyrighted materials

• To identify practical steps to protect your intellectual property

• To access resources on copyright and intellectual property

Common Questions

• Copyright and Fair UseDo you have the right to use other people’s

material in your course?

• Intellectual PropertyWhat happens to the intellectual material

once you have posted it online?What can you do if material is used without

authorization

What is Copyright?

• "Copyright" is a protection that covers published and unpublished literary, scientific, and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form.

• This means that if you can see it, hear it, and/or touch it-- it is protected.

From Western University of Health Serviceshttp://www.westernu.edu/university/cr.xml

What is Copyrighted

• Anything tangible – in a fixed form• Examples

Literary works, including software Musical works, including accompanying words Dramatic works, including accompanying music Pantomimes and choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works

From US Copyright Office Circular 1

What is not Copyrighted• Works that have not been fixed in a tangible form of

expression; for example, improvisational speeches or performances that have not been written or recorded.

• Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents.

• Ideal procedures, methods, systems , processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration.

From US Copyright Office Circular 1

Fair Use – The Four Factors• The purpose and character of the use,

including whether such use is of commercial nature or is for nonprofit educational purposes

• The nature of the copyrighted work• The amount and substantiality of the portion

used in relation to the copyrighted work as a whole

• The effect of the use upon the potential market for or value of the copyrighted work

From Section 107 of Title XVII, U.S. Code

Copyright and the Internet

• Everything on the Internet is copyrightedWorld Wide Web pagesCoursesElectronic mail, listservs and newsgroups

• The same copyright laws apply to electronic materials as to print materials

What is Intellectual Property?• Intellectual Property Law, or IP,  is composed

of three primary fields: patents, copyrights, and trademarks. IP continues to expand as intellectual property claimants become even more sophisticated in protecting what they have created. Therefore, trade secrets, publicity, and even privacy notions are now used to protect intellectual creations.

From William Mitchell College of Lawhttp://www.wmitchell.edu/academics/areas/ip/whatisIP.html

Example of IP Policy – University of Texas System

• Permits an author to own scholarly and educational works within field of expertise, unless the author was required to create the work.

• If the University has an interest in scholarly or educational works, it should be set out in an agreement to avoid confusion and misunderstanding.

What you can do to protect IP

• Password protect your site

• Prominently display a copyright notice on your course – watermark

• Use PDF files instead of HTML

• Use streaming media

International Copyright Protection

• Copyright protection rules are fairly similar worldwide, due to several international copyright treaties, the most important of which is the Berne Convention. Under this treaty, all member countries -- and there are more than 100, including virtually all industrialized nations -- must afford copyright protection to authors who are nationals of any member country. This protection must last for at least the life of the author plus 50 years, and must be automatic without the need for the author to take any legal steps to preserve the copyright.

International Copyright Protection

• In addition to the Berne Convention, the GATT (General Agreement on Tariffs and Trade) treaty contains a number of provisions that affect copyright protection in signatory countries. Together, the Berne Copyright Convention and the GATT treaty allow U.S. authors to enforce their copyrights in most industrialized nations, and allow the nationals of those nations to enforce their copyrights in the U.S.

From http://fairuse.stanford.edu

Requesting Permission

• Print sourcesPrint vs. web usageContacting publishersCopyright Clearance Center

• Web SourcesPrint vs. web usageContacting authors, web developers, etc

CETUS – Excellent Resource

• CETUS – the Consortium for Educational Technology in University Systems

• Description of process and sample letterhttp://www.cetus.org/fair7.html

Permission to Publish

• Ten Tips for Webmastershttp://www.nolo.com/article.cfm/

objectID/8CD796F2-9770-4ECA-B8F2B4F66DB170F1/310/266/ART/

Web Resources - Copyright

• United States Copyright Officehttp://www.loc.gov/copyright

• Copyright Clearance Centerhttp://www.copyright.com/

• The Copyright Websitehttp://www.benedict.com/

• Copyright and Fair Usehttp://fairuse.stanford.edu/

Web Resources - Copyright

• Stanford University Libraryhttp://fairuse.stanford.edu/

Cyberspace Law Institutehttp://www.cli.org/

• 10 Myths about Copyright Explainedhttp://www.templetons.com/brad/copymyths.html

Web Resources – Intellectual Property

• University of Texas System http://www.utsystem.edu/ogc/intellectualproperty/distance.htm

• University of Wisconsinhttp://www.uwex.edu/disted/intprop.html

• William Mitchell College of Law http://www.wmitchell.edu/academics/areas/ip/whatisIP.html

References

• Websites listed

• Teaching Online: A Practical Guide by Susan Ko and Steve Rossen, 2001

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