1. TitleTitle
THETHE

2. THE
BASICS
OF
COPYRIGHT
FOR
UT FACULTY, STAFF AND
STUDENTS
PLEASE STOP HERE FIRST AND STOP HERE FIRST TO
TAKE OUR QUIZ!TAKE OUR QUIZ!
THEN CONTINUE ON DOWN THE
INFORMATION HIGHWAY ...

3. TitleTitle
Copyright is spelled out as a power of Congress in
Article I of the U.S. Constitution:
...topromotetheProgressofScienceandusefulArts,bysecur
(can’t read it? mouse over)

4. “...
to promote the Progress of Science and useful Arts, by securing f
discoveries.”

5. SHOR
T
CUT
SHOR
T
CUT
QUIZQUIZ
ClassroomGuidelines
ClassroomGuidelines
The TEACH ActThe TEACH Act
... and where do you want to go?
Fair Use
AnyoneAnyoneAnyoneAnyone
StudentStudent
FacultyFaculty
WHO ARE YOU?
Hint: click on one!Hint: click on one!
(or continue on down the highway ...)(or continue on down the highway ...)
DMCADMCA

6. Copyright exists for two purposes:
1)to incentivize individual authors and creators
and to protect their works to a limited degree
2)to promote public creativity and facilitate the
sharing of knowledge for the greater good
These two purposes exist side-by-side and often
compete. They must be balanced very carefully.
KNOW THAT using information is like drivingKNOW THAT using information is like driving
on an interstate highway. UNLESS there areon an interstate highway. UNLESS there are
cautions or roadblocks that arise, you havecautions or roadblocks that arise, you have
thethe right of wayright of way – you may proceed.– you may proceed.

7. In order for a work to be copyrightable in the first
place, it must have the following qualities:
1)It must be fixed in a tangible form of expression
(e.g., a poem, a drawing, a musical recording) (as
opposed to an “idea” or an unrecorded conversation)
2)It must embody a minimum amount of creativity or
originality (e.g., a meme image derived from a photo of
the president) (as opposed to a factually compiled list
of the governors of all 50 states)
To learn more, see The U.S. Copyright Office’s:To learn more, see The U.S. Copyright Office’s:
What Does Copyright Protect?What Does Copyright Protect?

8. The Copyright Act of 1976 (U.S.C. Title 17) governs
copyright law in the United States today.
Copyright has undergone many evolutions, mostly to
accommodate fair use for educational purposes
amidst changing technology. Since 1989, the
United States has also been a
To learn more about how U.S. copyright lawTo learn more about how U.S. copyright law
interacts in the sphere of international copyrightinteracts in the sphere of international copyright
laws, see:laws, see: US Copyright Office Circular 38aUS Copyright Office Circular 38a
member of the Berne Convention,
an international community of
nations cooperating on copyright.

9. THE
BASICS
OF
COPYRIGHT
For UT
Faculty
and
Staff

10. Who owns a copyrighted work? It depends.
• the creator or author
• the creator’s employer (in cases of a “work made for
hire”) (wmfh) for example, see The University of Toledo’s copyright policy
• the original publisher if copyright is “transferred” by the
author upon publication see examples of CTAs
• another publisher if the original copyright was sold by
the first publisher
• joint authors/creators
• heir if creator is no longer living and the work has not
fallen into the “public domain” read more about public domain
Learn more about determining ownership of copyrighted works:Learn more about determining ownership of copyrighted works:
http://copyright.cornell.edu/resources/publicdomain.cfmhttp://copyright.cornell.edu/resources/publicdomain.cfm

11. What are the rights of a copyright holder?
1)first sale
2)reproduction
3)distribution
4)public performance and display
5)transmission
6)derivative works
What does this mean? It means that when a work is copyrighted, the
creator has the exclusive right to manage their original publication as well
as certain types of activity that build on that original creation. However ...
This is governed by Section 106 of the U.S. Copyright Act.This is governed by Section 106 of the U.S. Copyright Act.
See:See:
http://www.copyright.gov/title17/92chap1.html#106http://www.copyright.gov/title17/92chap1.html#106

12. Copyright is a two-way street.Copyright is a two-way street.
Some of theSome of the exceptionsexceptions to the rights of copyright owners:to the rights of copyright owners:
•Fair Use (Section 107)Fair Use (Section 107)
•Library Copying (Section 108)Library Copying (Section 108)
•Displays and Performances for purposes of Face-to-FaceDisplays and Performances for purposes of Face-to-Face
Teaching (110:1) and Online Learning (110:2)Teaching (110:1) and Online Learning (110:2)
•“Classroom Guidelines”“Classroom Guidelines” (an interpretation of Section 107)(an interpretation of Section 107)
For more on the MANY exceptions to the exclusive rights in copyright,For more on the MANY exceptions to the exclusive rights in copyright,
see:see: http://www.copyright.gov/title17/92chap1.html#107http://www.copyright.gov/title17/92chap1.html#107

13. Let’s visit
copyright
in the
classroom
now.

14. Classroom GuidelinesClassroom Guidelines
(including The TEACH Act)(including The TEACH Act)
Designed to help teachersDesigned to help teachers
understand what is allowed inunderstand what is allowed in
terms of fair use in the classroom,terms of fair use in the classroom,
both physical and virtual.both physical and virtual.

15. Classroom Guidelines (1976)Classroom Guidelines (1976)
•Established as one type of exceptionEstablished as one type of exception
to the exclusive rights of Copyrightto the exclusive rights of Copyright
ownershipownership
•Has evolved to accommodate theHas evolved to accommodate the
need for e-reserves and distanceneed for e-reserves and distance
learning (TEACH Act)learning (TEACH Act)

16. The TEACH Act
Technology, Education, and Copyright
Harmonization Act (2002). Established to:
1)bring existing copyright regulations in line with
newer distance learning technologies and needs
2)afford more types of students the capability to access
learning resources
3)loosen the permissions for transmitting certain types
of copyrighted audiovisual materials
The TEACH Act
Technology, Education, and Copyright
Harmonization Act (2002). Established to:
1)bring existing copyright regulations in line with
newer distance learning technologies and needs
2)afford more types of students the capability to access
learning resources
3)loosen the permissions for transmitting certain types
of copyrighted audiovisual materials
For more on the TEACH Act, see:For more on the TEACH Act, see:
http://copyright.lib.utexas.edu/teachact.htmlhttp://copyright.lib.utexas.edu/teachact.html

18. Copyright law
provides us with
certain guidelines, but
fair use remains open
to interpretation,
balancing the
following four factors.
thethethethe

19. The Four “Fair Use”The Four “Fair Use” FACTORSFACTORS
1 PurposePurpose of the use
2 NatureNature of the work used
33 AmountAmount of the work used
4 EffectEffect of use on the market

20. FACTOR
S
AHEAD
Hint: using a real-life example, askHint: using a real-life example, ask
yourself the following four questions aboutyourself the following four questions about
a copyrighted work you wish to use ...a copyrighted work you wish to use ...
SLOW DOWN ...

21. Does not
favor fair
use.
Favors Fair UseFavors Fair Use
What is the
?

22. Does not
favor fair
use.
Favors Fair UseFavors Fair Use
What is the
?

23. Does not
favor fair
use.
Favors Fair UseFavors Fair Use
What is the
?

24. Does not
favor fair
use.
Favors Fair UseFavors Fair Use
What is the
?

25. In more cases than you may realize, an argument for fair use
is pretty easy to establish, especially if you are working in an
educational, nonprofit setting.
As long as there is no license restriction prohibiting use of
any portion of a work, you can be fairly confident in using
someone else’s work to critique, teach, or research a topic,
usually if you are not taking the entirety of their work or
affecting the market value for that creator or publisher.
Even so, there always exceptions.
Follow case law on fair use to keep up-to-date on the latest
rulings, as they are constantly evolving the way we view
copyright and intellectual property.

26. THE
BASICS
OF COPYRIGHT
For UT
Students

27. The Digital Millennium Copyright Act (DMCA)
of 1998
1)Limits the liability of OSPs (online service providers) with
regard to illegal activity carried out by individual users
2)Brings copyright regulations up-to-date with new
technological capabilities; prohibits the circumvention of
technological measures to access copyrighted work
Read the full DMCA (1998) here:Read the full DMCA (1998) here:
http://www.copyright.gov/legislation/dmca.pdf
Harvard has a helpful checklist for computer users:Harvard has a helpful checklist for computer users:
http://dmca.harvard.edu/dmca_overview.php

28. Additional Resources
•Association of Research Libraries; Center for Social Media, School of
Communication, American University; and Program on Information Justice and
Intellectual Property, Washington College of Law, American University. Code of
Best Practices in Fair Use for Academic and Research Libraries. Washington, D.C.:
Association of Research Libraries, 2012. available for download:
http://www.arl.org/bm~doc/code-of-best-practices-fair-use.pdf
•Urban, Jennifer, and Anthony Falzone. Demystifying Fair Use: The Gift of the
Center for Social Media Statements of Best Practices. Social Science Research
Network, 2010. available for download: http://papers.ssrn.com/sol3/papers.cfm?
abstract_id=2004030
•Georgia K. Harper’s “Copyright Crash Course”
http://copyright.lib.utexas.edu/gkhbio2.html
For additional information please visit:For additional information please visit:
http://libguides.utoledo.edu/oas
c

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