SPEED COPYRIGHTSPEED COPYRIGHT

(The Copyright Quickie)(The Copyright Quickie)20032003

Rosemary ChaseRosemary ChaseCopyright OfficerCopyright Officer

George Mason University LibrariesGeorge Mason University Librariescopyrightcopyright@@gmugmu..eduedu

http://library.gmu.edu/copyrighthttp://library.gmu.edu/copyright

Presume EVERYTHING Presume EVERYTHING IS OWNED IS OWNED

[copyrighted, patented, [copyrighted, patented, trademarked] trademarked]

by someone.by someone.

Only the Only the ownerowner can cancopycopy

distribute distribute perform perform display display

or or make a derivativemake a derivative work.work.

““FAIR USE”FAIR USE”LETS YOU USE LETS YOU USE

OTHERS’ WORKS…OTHERS’ WORKS…

BUT NOT VERY BUT NOT VERY MUCH,MUCH,

AND NOT FOR VERY AND NOT FOR VERY LONG.LONG.

Sometimes you need to Sometimes you need to ask for permission…ask for permission…

…ahead of time.…ahead of time.

Sometimes, it’s free. Sometimes, it’s free. SOMETIMESSOMETIMES

YOU MUST PAY A YOU MUST PAY A FEE.FEE.

NO HIGHER NO HIGHER AUTHORITY CAN AUTHORITY CAN DIRECT YOU TO DIRECT YOU TO

BREAK THE LAW.BREAK THE LAW.

IF YOU BREAK THE IF YOU BREAK THE LAW, LAW, YOUYOU ARE ARE

LIABLE, NOT THE LIABLE, NOT THE UNIVERSITY…UNIVERSITY…

AND THAT’S BECAUSE…AND THAT’S BECAUSE…

THE UNIVERSITY THE UNIVERSITY PROVIDES INFORMATION PROVIDES INFORMATION

AND INSTRUCTION ON AND INSTRUCTION ON COPYRIGHT LAW & COPYRIGHT LAW &

FAIR USE…FAIR USE…

IN ACCORDANCE WITH IN ACCORDANCE WITH THE DMCA…THE DMCA…

(THE DIGITAL (THE DIGITAL MILLENNIUM COPYRIGHT MILLENNIUM COPYRIGHT

ACT OF 1998)ACT OF 1998)&&

TEACH Act, 2002TEACH Act, 2002

……IN A NUTSHELLIN A NUTSHELL

Educational purpose is Educational purpose is NOTNOT always FAIR USE. always FAIR USE.

Out-of- print does Out-of- print does NOTNOT mean mean out-of-copyright.out-of-copyright.

WWW is NOT public domain.WWW is NOT public domain.Go to the IRC workshop page to sign up for the real copyright Go to the IRC workshop page to sign up for the real copyright

workshop…workshop…

What is Copyright?What is Copyright?

• Copyright laws grant exclusive rights to the owners of an original work

• Such as:– Literary, musical, artistic

A set of EXCLUSIVE RIGHTS

Copyright...Copyright...

• Work Must Be:– Original expression– Fixed in a tangible form

• Begins:– At the moment original work is fixed– Example: Graphic created in PhotoShop is

protected as soon as saved to disk.

Non-Protected WorksNon-Protected WorksCannot be CopyrightedCannot be Copyrighted

• Ideas

• Facts

• Titles

• Names

• Short Phrases

Public DomainPublic Domain

• Non-Protected Works

• Anything published before 1923

• Federal Government Works

Statutory ExceptionsStatutory Exceptions

• Fair Use (§107)

• Libraries and Archives

(§108)

What is Fair Use?What is Fair Use?

1. Purpose – education vs. commercial

2. Nature – fact vs. fiction

3. Amount – and substantiality (10%?)

4. Effect – on market or value

Four Factors from §107 of the 1976 Copyright Act:

IF THESE ARE IF THESE ARE “FAIR USES”…“FAIR USES”…

Then what is

PLAGIARISM?

Fair Use or Plagiarism?Fair Use or Plagiarism?

• Why isn’t plagiarism a fair use?

– Because a complete citation must accompany any fair use of another’s work.

PlagiarismPlagiarism

• When you quote directly from a publication

– Use quotation marks

– Use proper citation format

• (Author, 8) OR (author, 1999, 8)

• OR full footnote or endnote

Plagiarism…Plagiarism…

• …is not always willful.

– Sometimes the inexperienced writer forgets to attribute his paraphrasing efforts.

PlagiarismPlagiarism

• When you paraphrase

– Attribute your source in a footnote or endnote just as if you had quoted directly

Plagiarism…Plagiarism… is fraud. is fraud.• It is using someone else’s words or art without

attribution and passing it off as your own.

• Copyright infringement is using & citing someone’s work without permission nor compensation to the rights holder.

• If there is a citation, it is not plagiarism.

Cyber-plagiarismCyber-plagiarism

• There are growing numbers of web sites where student papers are available for free, or for a price.

• Your instructors know how to use these sites.

• Your instructors know how to search the internet for a “word string” which will point them to these sites…

Cyber-plagiarismCyber-plagiarism

• Even when these students have donated their papers to these sites, your use of any part of these papers is still plagiarism.

SPEAKING OF

UNETHICAL CONDUCT…

FILE SHARINGFILE SHARING• RIAA – (Recording Industry

Association of America) successfully sued for sharing music using campus servers.

– The Universities were NOT sued.

FILE SHARINGFILE SHARING

• File sharing = distribution

– Unlawful, unauthorized distribution, reproduction of copyrighted works

FILE SHARINGFILE SHARING

• …is a violation of §106 of Title 17, U.S. Code

– Exclusive right of author/creator to reproduce and distribute

FILE SHARING - FILE SHARING - THEORYTHEORY

• PEER 2 PEER, P2P, Theory:– Sampling– Previewing– Not meant to substitute for purchase of

music or movies or software– Meant to facilitate long distance

collaboration between researchers and creators.

Liability Issues…Liability Issues…what you need to knowwhat you need to know

3 TYPES OF INFRINGEMENT

• Direct infringement - knowledge of infringement

• Contributory infringement– you must either have knowledge, i.e. faculty directed– or you must materially contribute, i.e. university equipment

used• Innocent infringement - very rare on a university campus

– Staff (button pusher) responsibility

KNOWLEDGE OF INFRINGEMENTKNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITYIS IRRELEVANT TO YOUR LIABILITY

KNOWLEDGE OF INFRINGEMENTKNOWLEDGE OF INFRINGEMENT IS IRRELEVANT TO YOUR LIABILITYIS IRRELEVANT TO YOUR LIABILITY

Recent LegislationRecent Legislation

• 1997 - jail time was added for willful infringement

• Digital Millenium Copyright Act passed into law, October 1998 - DMCA

• Sonny Bono Term Extension - 20 years

• TEACH Act – passed November 2002 – some fair use in digital materials

What should everyone know What should everyone know about copyright?about copyright?

• Work is protected from the moment the pen meets the paper

• No registration with the Library of Congress is required for protection

• No “” is required• We are all rightsholders!

Your ResponsibilitiesYour Responsibilities

• As students and citizens in these labs, or on your own PC, it is your responsibility to:– Observe the above restrictions.– Learn proper methods of attribution,

acknowledgment and citation for each reference in each paper or project.

– Resist the temptation to ignore any of the limitations “just this once”.

• Remember: These are not your personal rules. You are only doing as instructed in order to protect the University.

… … in a nutshellin a nutshell

Educational purpose

10% IS NOT ALWAYS FAIR USE.

OUT- OF- PRINT does NOT mean out- of - COPYRIGHT.

–does NOT equal FAIR USE.

WWW is NOT public domain.

Copyright OfficeCopyright OfficeGeorge Mason University LibrariesGeorge Mason University Libraries

http://library.gmu.edu/copyrighthttp://library.gmu.edu/copyright

Johnson Center Room 136

Hours: Monday-Friday 8:00 – 4:30

Phone: 703-993-2455, & 32427

copyright@gmu.eduWorkshops: http://www.irc.gmu/wems/workshops/default.cfm