Copyright Issues and Plagiarism Adele Bildersee Director of Libraries The Dalton School [email protected]
What is Copyright? “Copyright is a statutory privilege extended to creators of works that are fixed in a tangible medium of expression” Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators, 2nd ed. Chicago, ALA, 1995.
Copyright protects creators’ and owners’ rights to their works Automatic Copyright: Almost anything a person creates is copyrighted, whether registered or not Works must be in a tangible format Copyrights can be assigned Copyrights may be registered with the U.S. Copyright Office
Owners’ Exclusive Rights
Reproduce or copy Distribute Publicly Perform Publicly Display Create Derivatives
What Can Be Copyrighted?
Print Material: books, newspapers, sheet music, plays, etc. Nonprint Material: videos, DVDs, CD-ROMs, photographs, statues, paintings, etc. Internet: web pages, e-mails, digitized graphics, movies, etc.
What Can’t be Copyrighted
Inventions Ideas Themes Titles Facts or Historical Events Industrial Designs
How Long Does Copyright Last? Public Domain 1. Published before 1923 2. Published between 1923 and 1963 with copyright notice but no renewal 3. Published between 1923 and 1978 with no copyright notice 4. Published between 1978 and March 1, 1989 with no copyright notice and no registration 5. A work to which the author/owner has given up all rights
Some Significant Laws
Digital Millennium Copyright Act (DMCA) Brings U.S. Copyright Law into compliance with the WIPO World Intellectual property Organization
Sonny Bono Copyright Extension Act (CTEA) 1998 - Extends the duration of coopyright in U.S. retroactively from life of author + 50 years to life of author + 70 years -- and works for hire from 75 to 95 years or 120 years, whichever comes first
U.S. Copyright Office Contact Information Library of Congress Copyright Office 101 Independence Avenue, S.E. Washington, D.C. 20559-6000 202-707-3000 Internet: www.loc.gov/copyright
What Works are in the Public Domain?
Most federal documents Phone books Works with expired copyrights Freeware Works for which the creator has given up the rights Some clipart Works published in 1923 or before Some works published between 1923 and 1963
CHART -WHEN WORKS PASS INTO PUBLIC DOMAIN
What is Fair Use? When do you need permission: Four Factors:
Purpose and character of use - for profit or educational use Nature of the work Quantity to be borrowed - how substantial Marketability of the work - effect of use on potential market
Guidelines for Fair Use
Copyright is a “gray” issue, not clear law Although vague, all four factors must be considered Conference on Fair Use established guidelines - 1994 Exemptions are permitted under special circumstances
OBTAINING PERMISSION Put requests in writing If not possible, keep notes of oral conversations Include the following information in a permissions request:
What you want permission to use What kind of permission you need; how, where, how often, how long, etc. Request early - there is no limit on response by owner Obtain a licence: e.g. Motion Picture Licensing Corp.
Establish a Policy Written guidelines that cover:
Privacy Piracy Intellectual freedom regarding copyright Acceptable use policies Ethics codes
What is Plagiarism?
Borrowing or using from another source without acknowledgement May be accidental or intentional Common and easy in the digital age
Some Preventions and Remedies
Communicate honesty - build trusting relationships with students Encourage excellence Establish policies Educate students and faculty about what constitutes plagiarim Communicate policy clearly Take action against violations