Copyright Planning Issues Jeremy Rowe jeremy roweasu edu

Copyright Planning Issues Jeremy Rowe jeremy. rowe@asu. edu

Technology Empowers Making users: producers publishers distributors

Publishers and distributors are increasingly vocal in legal, legislative and policy forums. The major concerns are effect on potential markets and loss of control once materials are digitized.

There are few clear-cut answers. Most decisions are made within a continuum.

Copyright Protects tangible works by giving the creator exclusive right to publish, duplicate, display, and prepare derivative works and to determine when others may do so.

Trademark A word, name, symbol, or device used by a manufacturer or merchant to identify and distinguish their goods from others. (active only while used and enforced)

Copyright Purposes: Protect intellectual property Preserve market for author Provide access for educational purposes

Technology makes copying easy, but access does not imply permission. The technologies change faster than the policy environment.

Background Initial legislation of 1909 1976 Revision Subsequent amendments 1980, 1983, 1988, 1992, 1995, 1996, 1998 Berne Agreement signed in 1988 requires only fixation, copyright notices are not required.

1998 Digital Millennium Copyright Act Extends protection, delays "public domain" additions for 19 years ISP provider protection Strengthens copyright protection and management systems Distance Education study Protection of personal information Boat hull protection

Copyright Protects Literary works Musical work Dramatic works Pantomimes and choreographic works Pictorial, graphic, and sculptural works Sound recordings

Rights Of The Copyright Holder Copy or reproduce Prepare derivative works (e. g. , digitize images) Distribute or market copies Public performance and display (e. g. , electronic) Moral rights Can license (e. g. , get permission for) some or all of these rights Public domain works: http: //www. unc. edu/~unclng/public-d. htm

Creators often sign away rights to publishers which require obtaining permission to duplicate, distribute, or post on WWW pages.

Using Materials Created By Others Component materials Copyrightable material: Expression Original Fixed in tangible medium Notice and publication are no longer required Moral rights: integrity and attribution

“Fair Use” Criteria 1. The purpose and character of the use. 2. Nature of the Copyrighted work. 3. The amount and substantiality of the portion used in relation to the whole work. 4. The effect on the potential market for, or value of the Copyrighted work.

For Each Component Determine Need for Permission Guidelines - narrower than fair use Fair use - more likely if permission difficult (or outrageously expensive) to get Need permission to use materials for more than one semester (see electronic reserves) Must comply with copyright and other laws (see sample language for syllabus) Document Permission

Materials Produced By faculty: ABOR policy determines ownership By production team: To what extent is each contribution copyrightable? By students: Are they employees or under contract? Do they have the only copies? How do you know the work is original? Unless paid by ASU, normally students will own the copyright in their work. This means, for example, we can't post their work on a web site without their permission.

Materials Produced (ctd. ) Record keeping Required to maintain records such as grade books(see retention schedules at university archives) www. asu. edu/lib/archives Records and information must be secure and maintain privacy

Suggested Language For Syllabus Students are required to read and act in accordance with university and Arizona Board of Regents policies, including: The Academic Integrity Policy: http: //www. asu. edu/studentlife/judicial/integrity. html The Student Code of Conduct: Arizona Board of Regents Policies 5 -301 through 5 -308 http: //www. abor. asu. edu/1_the_regents/policymanual/index. html#5 The Computer, Internet and Electronic Communications Policy http: //www. asu. edu/aad/manuals/acd 125. html Materials posted to websites or distributed in violation of university policy or applicable law, including copyright, trademark and privacy laws may be removed at the discretion of the university.

Use Of Copyrighted Materials In Password Protected Or Secure Environment Must follow guidelines for electronic reserves (or obtain written permission) Only one copy of any copyrighted item for one semester only. The item cannot be used again without written copyright permission. The instructor is responsible for obtaining permissions. A copy of one chapter from a work of a single author or copies of not more than three chapters or articles from a collective work or periodical volume may be used over the course of a semester

Project Planning Plan for the broadest potential uses Review sources of all material Check licenses and restrictions Obtain needed permissions

Alternative Production Resources Owned or self-produced materials Public Domain materials Licensed clip art Commissioned work

Who Owns Multimedia Materials, The Creator Or ASU? Copyright law Author/creator of work is usually the owner of copyright May be multiple authors - this is a big fact question, contract to explain Independently copyrightable contributions Mutual intent

Academic Tradition Universities have released interest in copyrights to faculty for traditional academic publications (e. g. , journal articles, text books) Tradition does not address new media (e. g. , software, multimedia) ASU's Intellectual Property Committee is proposing a policy

Employer (ABOR/ASU) is the owner if: Work is created by employee within scope of employment Work is created under contract (with assignment) Work is properly documented as a work for hire

ABOR Policy Addresses Ownership ABOR Policy: ABOR/ASU will own if significant use of university resources Research funding Funding for asynchronous or distance learning Assistance of support staff Use of: University paid time within the employment period Telecommunication services University central computing resources Instructional design or media production services Research equipment and facilities or production facilities

Who Controls The Content? Institutions want greater control over: -Format -Content Use of institutional name, logo, resources Use of content owned by third parties -Text -Music (mechanical and synchronization rights) -Software and patent issues -Images • Copyright • Likeness of individuals • Privacy and publicity

Can Instructors Take the Material With Them If They Change Jobs? Factors: Sole author Joint author University policy Individually negotiated agreement Ownership v. license to use Nature of intended use

How Are Revenues Shared? Joint authorship under copyright law (without an agreement) Individually negotiated agreement ABOR policy: university owns, authors share in revenue net associated costs Author(s) receive minimum of 50% of first net $10, 000 And minimum of 25% of net in excess of first net $10, 000

Planning Issues- Summary Compare ownership with right to use -Review ABOR Intellectual Property Policy 6 -908 http: //www. abor. asu. edu/1_the_regents/policymanual/index. html Evaluate university resources used to develop and to: -Enhance a course with technology to use internally -Create a product that can be marketed separately Other considerations: -Permission for included materials (e. g. , copyright) -Accessibility for disabled users -Role of students in course development -

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