Copyright Matters

Worlds in Collision

2008-06-03T09:48:00.000-07:00

Abstract from the June/July issue of Innovate: In the past, copyright and education have evolved together in response to technological advances from the book to the videocassette, and copyright law has been designed to allow educators to use a wide range of media with their students. Stephen Marshall describes how digital communication technologies threaten these accommodations, not as a direct consequence of the technology itself or even of copyright law but rather as a result of the growing prevalence of control technologies aimed at extracting profits from every conceivable use of information. Marshall argues for a rethinking of copyright in the face of Web 2.0 technologies that do not fit into traditional conceptualizations of copyright and suggests that, if educators do not speak up, copyright law will be taken over by corporate forces interested only in profit, to the detriment of educational uses of media.

Lecture Notes Protected?

2008-04-07T10:44:00.000-07:00

Wired Magazine reports a professor suing to protect the copyright of his lecture notes. Not his own notes, but notes taken by students at his lectures. Interesting.

Podcast on Updates in Copyright Law

2008-03-28T09:32:00.000-07:00

EDUCAUSE has a podcast and has recently had an episode on recent updates in Copyright Law. Have a listen to the introduction here - http://connect.educause.edu/blog/gbayne/educauselivepodcastupdate/46505 - then fire up your iTunes and subscribe to the podcast.

Turn it In wins court case

2008-03-28T09:28:00.000-07:00

I recently mentioned a court case where students sued Turn It In for copyright violation. The plagiarism prevention company allows professors to run papers through its database, where the paper is compared to thousands of other papers. Turn It In then adds the submitted paper to its database, complete with identifiable information like the student's name and the professor's name. It is this last step that is the reason for the lawsuit.

A court ruled that Turn It In did not violate copyright in this reuse of student work, the Chronicle of Education reported. I'm personally skeptical, as are the plaintiffs, who plan to appeal.

http://chronicle.com/free/2008/03/2250n.htm

Impact of Copyright Confusion

2008-03-17T16:10:00.000-07:00

Here is a good article, reprinted from Education Week, on the impact of copyright confusion among teachers and students.

Copyright Confusion Is Shortchanging Our Students By Renee Hobbs

The web makes the difference

2008-03-17T15:53:00.000-07:00

Students at Univ of Iowa are up in arms about the University's plan to publish student work on the web. The thing is, the information was publicly available before, just not on the web. The students argue, with some reason, that publishing the work on the web is different from making it available in the graduate office.

U. of Iowa Writing Students Revolt Against a Plan They Say Would Give Away Their Work on the Web

The Cost of Copyright

2008-03-04T17:30:00.000-08:00

A thoughtful commentary on the recent article "The Cost of Copyright Confusion for Media Literacy. "

http://davidwarlick.com/2cents/archives/1369

Intellectual Property Conference

2008-03-04T17:26:00.001-08:00

" Join the Center for Intellectual Property for its annual symposium exploring the relationship between the U.S. copyright monopoly, technological innovation and higher education institutions."
http://www.umuc.edu/mkting/cip/index2.html

Copyright resource list

2008-02-29T13:42:00.001-08:00

This handy list of copyright resources is mostly focused on music and other audio resources.
http://reelmecourse.blogspot.com/2008/02/copyright-resource-list.html

Copyright Update

2008-02-29T13:40:00.001-08:00

Listen to this Educause conference presentation on education related copyright law - http://connect.educause.edu/Library/Abstract/UpdateonKeyUSCopyrightDev/46310

Copyright for Kids

2007-10-15T14:57:00.000-07:00

The Entertainment Software Association is aiming an anti-piracy ad at kindergarteners. Talk about starting early!

2007-10-11T15:00:00.000-07:00

Here are some interesting comments by a professor from Perdue about copyright and fair use. He focuses in part on the recent lawsuits from the recording industry against individuals for illegal downloading. Whether you agree or disagree with the professor's views, it will get you thinking. Be sure to click on the useful embedded links.

Some Comments on Copyright and on Fair Use by Professor Eugene Spafford

Copyright Chart for Teachers

2007-10-09T15:27:00.000-07:00

Here is a great 2 page chart to help educators evaluate copyright issues in various contexts.

Copyright and Fair Use Guidelines for Teachers

Copyright on NPR

2007-05-08T21:01:00.000-07:00

If you missed the Morning Edition story about Fair Use and Copyright on Monday, here is a link: http://www.npr.org/templates/story/story.php?storyId=10040628

From Soup to Nuts: Copyright, Social Networking Technologies, and Electronic Surveillance

2007-05-03T21:04:00.000-07:00

From the Educause Midwest Regional Conference in March. You can read the text of a speech on a variety of issues including digital copyright. Below is a copy of the abstract from the websites

"Abstract:

This session will survey a number of current issues of interest to higher education IT such as developments in the digital copyright arena, the present and future of social networking technologies (from the law and policy perspectives), and electronic surveillance five years since the passage of the Patriot Act (from a security-privacy perspective)."

Privacy versus Intellectual Property:Detection Methods Used by Copyright Holders

2007-05-01T21:10:00.000-07:00

I recently mentioned in a copyright presentation that the web has made it much easier for people to catch your copyright violations. And there are armies of people out there trying to catch you. Here is an interesting paper on just how they go about it.

Privacy versus Intellectual Property:Detection Methods Used by Copyright Holders

Another Copyright law in the works

2007-04-10T06:32:00.000-07:00

Florida Representative Ric Keller has introduced the Curb Illegal Downloading on College Campuses Act of 2007. This act would enable the US Department of Education to introduce and expand anti-piracy efforts on campuses.

A good use of taxpayers dollars? You decide. Here's a link to a blogger who thinks not.

Another good copyright summary

2007-04-05T06:42:00.000-07:00

If you have students post to forums, usenets, listservs, blogs, etc, it might be useful for them to read a copyright warning from such a source. Here is a useful debunking of several copyright myths in plain language. Its location on a sports forum might make it more accessible to students.

Notice to Everyone posting

Students protect their copyright

2007-04-03T21:15:00.000-07:00

You may have heard of Turnitin.com, a service designed to catch plagiarism. Many schools subscribe to the service. They check a paper against a huge database of other papers to see if the work is original or not. Well, a few students whose work became part of that database have sued Turnitin.com for violation of their copyright. Interesting stuff.

http://arstechnica.com/news.ars/post/20070330-high-schoolers-turn-in-plagiarism-screeners-for-copyright-infringement.html

Math videos on Google

2007-03-29T10:41:00.000-07:00

Ok, this is not strictly related to copyright, but is pretty cool and you should know about it. Pearson education and Google have teamed up to make math videos available to the masses. You can link to these videos from your website or blackboard classroom and have the ability to provide great content that is no work for you. What could be better?

Well, it could be better if it were all free - students can purchase the lectures for 99 cents to $3.99 for lectures and textbook chapters. There are some free lectures available as well.

These kinds of lectures can be especially useful for folks who have math components in their non-math classes and need some way for the folks who need extra help to get it without taking up class time.

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-22-2007/0004551474&EDATE=

Fair Use - Use it or lose it

2007-03-27T20:45:00.000-07:00

This article is from last year, but sets out an interesting argument about the chilling effect of copyright protection. The examples given are on satirical artistic expression.
http://www.fair.org/index.php?page=3066

FAIR USE Act

2007-03-22T23:19:00.000-07:00

If you were at my workshop on Monday, you learned about the prosed FAIR USE Act. Here is a little more information about it from a critical perspective - http://www.dailytech.com/article.aspx?newsid=6270

If you missed the workshop, you're in luck. We are offering it again early in Spring quarter. Keep an eye out for the announcement.

Digital media, ethics and law

2007-03-20T20:40:00.000-07:00

Here is a handy explanation of ethical and legal issues around the use of digital media from the University of Michigan - http://www.umich.edu/~policies/digital-media.html

Google violating Copyright?

2007-03-15T20:01:00.000-07:00

Google's motto is "do no evil", yet compaines like Micrisoft and Viacom, are accusing Google of that very thing through it's "overbroad" reading of fair use. What do you think?

http://www.techtree.com/India/News/Microsoft_Google_Violates_Copyright/551-79672-643.html

Insurance for Documentary Filmmakers

2007-03-13T20:24:00.000-07:00

Copyright has been challenge for some documentary filmmakers. Now an insurance company has teamed up with Stanford Law School's Fair Use Project to protect filmmakers against claims of fair use violation.

http://sev.prnewswire.com/entertainment/20070227/AQTU03927022007-1.html

Art and Copyright

2007-03-08T12:35:00.000-08:00

Here is an artist's report on a copyright conference of the New York Bar Association and the College Art Association titled "Reexamining Appropriation: The Copy, the Law, and Beyond." Interesting reading!

Copyright Brochure

2007-03-06T12:29:00.000-08:00

The Association of Research Libraries has published a brochure that you may find useful. "Know Your Copy Rights—What You Can Do - A 2007 Brochure Aimed at Faculty and Teaching Assistants" is available for free download from the organization's copyright website.

FAIR USE Act of 2007 Introduced in Congress this week

2007-03-01T10:59:00.000-08:00

The Chronicle of Higher Education is reporting that a bill was introduced in Congress this week to make it easier for educators to use copyrighted materials.

The bill is called The Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007, or Fair Use Act (HR 1201). The bill was introduced by Congressman Rick Boucher of Virginia. He discusses the details of the bill here.

The bill is supported by the Library Copyright Alliance, which includes the American Library Association, but opposed by the recording industry (surprise, surprise).

Feel free to post your thoughts on this bill - would it help with your teaching?

Coyright Conference

2007-02-27T12:12:00.000-08:00

Star Trek fans will look forward to the upcoming copyright conference at Ball State University in Indiana on April 11. The conference title is "Digital Trek: To boldly explore copyright in teaching and learning".

Documentaries and Fair Use

2007-02-23T11:55:00.000-08:00

Here is an interesting article about fair use and documentaries.

"Documentary films are an important source of education, commentary and criticism," Media/Professional president Leib Dodell said. "Rigidly requiring licensees or releases in all cases does not give filmmakers the flexibility to take advantage of fair use in appropriate situations. This initiative makes fair use work in the real world of independent filmmakers."

Documakers getting aid on Fair Use, The Hollywood Reporter, February 23, 2007

For additional information on this topic, see this post from the Info/Law blog.

International view of US Copyright

2007-02-20T12:20:00.000-08:00

The BBC published an interesting article today, US copyright lobby out-of-touch by Michael Geist, a Canadian professor at the University of Ottawa.

Copyright Tutorial

2007-02-15T12:50:00.000-08:00

Western Washington University has a handy interactive Copyright Tutorial if you'd like to test your knowledge in this area.

Copies of Out of Print Materials

2007-02-13T09:07:00.000-08:00

Here is some interesting commentary on the use of old and out of print materials. - http://wordwright.blogspot.com/2007/01/loss-but-not-loss.html

Attempt to educate kids about copyright fails

2007-02-08T21:54:00.000-08:00

OK, so I know this happened in Canada and I know that it is about educating kids and not our audience of adults, but I thought this article about a failed attempt to educate kids about copyright was quite interesting. An effort to educate kids as early as first grade met with such huge opposition that it shut down altogether, determining that there was no way to make everyone happy. I could really see this happening in the US.

It should also make you wonder - what are you doing to educate your students about copyright?

http://www.slyck.com/story1396.html

Copyright and the web

2007-02-06T12:28:00.000-08:00

If you are curious about copyright issues as they relate to your web content, you should have a look at this website, From Now On. The linked article discusses several of the issues of copyright and the web.

http://www.fno.org/jun96/legal.html

Also, save March 26 on your calendar. At 1:00 we'll be doing a copyright workshop directly aimed at websites and online instruction. Keep your eye on your e-mail for additional details.

Fair Use Meets Free Speech on Campus

2007-02-01T20:59:00.000-08:00

A student at Binghamton University in New York created a parody website on the Campus web server and quickly lost access to her website, her e-mail and her research as punishment. The student argued that the parody fell into the protection of Fair Use. The University claims institutional rules were broken.

Pipe Dream on the Web

Public Domain Music Resource

2007-01-30T21:11:00.000-08:00

Here is an interesting collection of links to public domain music resources, including sheet music, choral music, music research, amd even film and video. If you like music, this is worth a look.

Public Domain Music

Music Technology in Education

2007-01-25T09:12:00.000-08:00

The weblog (aka "blog") Music Technology in Education has started a special category of posts called "Copyright or Copywrong?". The posts are in a question answer format and are short but helpful. The first edition answers the question as to whether it is ok for a music department to record a concert and then post the concert on its website. The blogger answers no. Visit the Music Technology in Education blog for the analysis.

Using Student Work

2007-01-23T21:21:00.000-08:00

If you want to use student work as models or examples (or any other purpose), you need to get the student's permission to do so. I often just ask a student via e-mail whether I can use their work and their reply via e-mail serves as my written record of their permission.

You can also do this more formally with a form. Here are some examples from other institutions to give you an idea of how you might want to put such a form together.

Indiana University Purdue University

Compliance Officers?

2007-01-18T10:49:00.000-08:00

More and more colleges are hiring compliance officers to make sure the institution is in compliance with relevant rules and regulations, including copyright law? Is it a good thing or a bad thing? Read this article from the Chronicle for Higher Education - http://chronicle.com/errors.dir/noauthorization.php3?page=/weekly/v53/i20/20b01101.htm

Now, use the comment link below to share your two cents. Should South have a compliance officer?

Safe Stuff on Google

2007-01-16T08:21:00.000-08:00

Now, you can find public domain music, images and more using Google. Just click on Advanced Search. Near the bottom of the advanced search box is Usage Rights. You can use the drop down menu next to it to find "free to use or share" and "free to use and modify".

This is a great way to target a copyright safe search.

New Copyright Exemptions for Film Courses

2007-01-11T08:42:00.000-08:00

A decision from the US Copyright Office will make it easier to create compilations from DVD's.
On January 5, WebWire reported an exemptions for “Audiovisual works included in the educational library of a college or university’s film or media studies department…for the purpose of making compilations of portions of those works for educational use in the classroom.”

The article also notes new exemptions for copying material in obsolete formats and material requiring equipment that is no longer manufactured.

http://www.webwire.com/ViewPressRel.asp?aId=25843

Fair Use Analysis Tool

2007-01-09T08:51:00.000-08:00

Wondering whether your use is a fair use? While there no substitute for a legal opinion and no absolute black and white answers in fair use, you can certainly perform a relevant balancing test using this handy checklist from Indiana University.

http://www.copyright.iupui.edu/checklist.htm

Just go through the list and check the information that best matches your use. When you are done, print out the checklist and save it as a reference if any questions come up about your use in the future.

Also take a moment to read their useful Introduction to Fair Use, linked at the top of the page.

Stanford Fair Use Center

2007-01-04T08:26:00.000-08:00

Do you want to keep up on current copyright news as it relates to fair use and higher education? One easy way (besides checking out our own Copyright Matters blog) is to subscribe to the Stanford Fair Use Newsletter. Just visit http://fairuse.stanford.edu/. The newsletter sign up is on the lower right hand side of the page.

The Horse's Mouth - Copyright.gov

2007-01-02T08:30:00.000-08:00

Have you created a work that you would like to have copyrighted? Whether it be a print document, music, image, dance - any creative work can be copyrighted. But how do you do it?

The US Copyright Office has a handy website with all the information you need to do all sorts of things related to copyright, including registering your work - http://www.copyright.gov/register/

Got something in mind that isn't quite done yet? Want to collaborate but are afraid your idea might be stolen? Did you know you could pre-register your work? Just click on this handy link - http://www.copyright.gov/register/.

Scenarios (3)

2006-12-08T17:21:00.000-08:00

Scenario 1
Carol Kotter has recently started using PowerPoint lectures in her classes. To keep the presentations lively, Carol likes to include hip hop and rap music in the lectures. She also likes to include current photos from the news.

Are these uses permitted?
Yes, if the instruction takes place in a face to face classroom.

§ 110. Limitations on exclusive rights: Exemption of certain performances and displays

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;. . .
http://www.copyright.gov/title17/92chap1.html#110

What if Carol wanted to change the music or pictures?
“In addition, changes made to enhance his instructional purpose, e.g. commentary, criticism, even parody, are activities allowed under the fair use provisions.”

This scenario was adapted from Copyright Scenarios from the University of Minnesota Libraries - http://blog.lib.umn.edu/copyinfo/scenarios/

Scenario 2
Lacey Lottey wants to have her students read some material that is not in the class text. This includes a single chapter from 3 books and several journal articles. Lacey copies these articles and puts them on reserve in the library. The reserves can only be checked out by students enrolled in Lacey’s class.

Are these uses permitted?
Such copies are subject to the Fair Use provisions of the law. One would need to apply the fair use “Four Factors” balancing test to determine if the use is permitted. This is true whether the use is with traditional paper or with e-reserves. See the Four Factors Handout.
This scenario was adapted from Copyright Scenarios from the University of Minnesota Libraries - http://blog.lib.umn.edu/copyinfo/scenarios/

Scenario 3
Hank Holly teaches American Government and regularly makes copies from news magazines and newspapers that he distributes to his class.

Is this use permitted?
Yes, as long as the uses are one time uses and not repeated from term to term. See the Classroom Guidelines handout.

"Classroom Guidelines"

2006-12-08T16:01:00.000-08:00

Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals
Published in House Report 94-1476

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under § 107 of H.R. 2233. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.

Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in § 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

* Guidelines *

I. SINGLE COPYING FOR TEACHERS:

A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

A. A chapter from a book; B. An article from a periodical or newspaper; C. A short story, short essay or short poem, whether or not from a collective work; D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

II. MULTIPLE COPIES FOR CLASSROOM USE:

Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:

A. The copying meets the tests of brevity and spontaneity as defined below: B. Meets the cumulative effect test as defined below; and, C. Each copy includes a notice of copyright.

DEFINITIONS

Brevity:

i. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or (b) from a longer poem, an excerpt of not more than 250 words.

ii. Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

[Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

iii. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

iv. "Special" works: Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "ii" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.

Spontaneity:

i. The copying is at the instance and inspiration of the individual teacher, and

ii. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect:

i. The copying of the material is for only one course in the school in which the copies are made.

ii. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, not more than three from the same collective work or periodical volume during one class term.

iii. There shall not be more than nine instances of such multiple copying for one course during one class term.

[The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

III. PROHIBITIONS AS TO I AND II ABOVE:

Notwithstanding any of the above, the following shall be prohibited:

A. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or are reproduced and used separately.

B. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

C. Copying shall not:

a. substitute for the purchase of books, publishers’ reprints or periodicals; b. be directed by high authority; c. be repeated with respect to the same item by the same teacher from term to term.

D. No charge shall be made to the student beyond the actual cost of the photocopying.

AGREED

March 19, 1976

AD HOC COMMITTEE ON COPYRIGHT LAW REVISION

By Sheldon Elliott Steinbach AUTHOR-PUBLISHER GROUP AUTHORS LEAGUE OF AMERICA By Irwin Karp, Counsel ASSOCIATION OF AMERICAN PUBLISHERS, INC. By Alexander C. Hoffman, Chairman Copyright Committee.