Copyright, Intellectual Property and Fair Use

or
Moon Men, Mashups and MOOCs

Susan Barrett
March 19, 2014

Twitter: @suebeeinz
 Lecture 3 Intellectual Property,
Copyright and Fair Use
Lecture 1 Welcome and Evaluating Sources: Library Website, Primary Sources, Plagiarism, Citations,
References, Purdue Owl Styleguide

Lecture 2 Searching: Google Scholar, Library Databases, Class Web Guide, Journals, Articles, Authors

Today’s lecture will answer:

Can I be convicted for pirating movies?

Is the internet a free-for-all?

Is it legal to use BitTorrent or other peer-to-peer

sharing?

How can I protect myself from copyright

infringement?

What resources can I use for academic papers?

http://www.mediainstitute.org/IPI/2011/052511.php
 Intellectual Property = a creation of the mind
Examples: inventions, art, literary/creative writing, academic writing, designs, symbols, logos,
photographic images, computer-generated images, videos, music.

http://www.theleonardo.org
 Legal Protection

Authors have the right to receive

recognition and financial benefit from
intellectual property.
Intellectual property disputes =
lawsuits.

No international laws: each country

regulates intellectual property, there
are no international laws.

Patents
Protect inventions = patent owner
decides who can produce and sell
the invention.

http://www.theleonardo.org
 Legal Protection

Trademark
Protects signs and symbols = unique logo, signature or sign.

http://coca-cola.com
 Legal Protection
Copyright
Protects literary or artistic works = books, music, art, film, computer programs, advertisements, maps.

http://cyberlawsubject.blogspot.com
 Copyright

Examples: art, literary/creative writing,

academic writing, photography, computer-
generated images, videos, music.

Copyright Owner has the Right to:

1. Make copies of their own work.

2. Sell, publish or distribute copies.
3. Prepare new works based on the
original.

http://www.wikimedia.org/
 Copyright

Requirements for Copyright

Protection

1. Original: independently created by

the author. It can be similar to other
works, it can be any quality, must be
created without copying from someone
else.

2. Physical or fixed in a tangible

medium: digital (computer, DVD, cell
phone, tablet) paper, magnetic tape
(VCR, cassette).

3. Creative: copyright does not protect

facts (historical, biographical, news,
scientific) or works of the US
Government

http://nasa.gov
 Copyright is Limited
Most works protected between 45 – 170
years.
When copyright expires, the work becomes
public domain.

Public Domain = available for public use,

and cannot be privately owned.
* Published before 1923: works are in the public
domain, no copyright restrictions.

The Internet Archive is a non-profit company that

provides public domain audio, video, text,
software and archived web pages.

http://sportsentertainmentattorney.com
 Copyright is Limited

* After 1923, law combines these standards:

• If the work is published or unpublished.
• If the work was done for hire (during employment or
commissioned).
• If the author is living.
• If the author published anonymously or with a
pseudonym (a.k.a., fake or pen name).
• Date of publication.

Examples of Copyright Protection Limits

1.Published after 1977: life of the author + 70 years.
2.Published between 1922 – 1978: 95 years after
publication date.
3.Unpublished between 1922 – 1978: life of the author +
70 years.

http://www.wikimedia.org/
 Fair Use

Allows reproduction of copyrighted works for

criticism, comment, news reporting, teaching,
scholarship and research.

Lesson 2: citations build a body of knowledge. Fair

use supports scientific discovery, and the sharing of
culture and ideas.

Four Factors of Fair Use

1. The purpose of reproduction.
2. The nature of the original work.
3. What percentage of the original work is
reproduced.
4. Any effect on market (sales) potential of the
original.

http://www.flickr.com/photos/sixteenmilesofstring/2596569134//
 Fair Use and Good Faith
Fair Use
• Acting in good faith can protect an individual from
legal damages.
• Good Faith = honest and sincere intention (to follow
Fair Use guidelines).
• Legal damages are awarded when copyright is
violated without good faith effort.

Good Faith Effort

Yes Answer = Fair Use:
Credits: Jane Smiley

1. The purpose is for criticism, comment, news, teaching, scholarship or research?

2. The reproduction uses the original work in a new way (transformed not duplicated)?
3. The use is not for profit (not to make money)?
4. The use is socially beneficial (creates new knowledge or learning)?
5. The use will be for a limited period of time?
6. The use reproduces a limited portion of the original (not the entire work)?
7. The original is already published?
8. The use might improve the market value of the original?
9. The original author receives attribution (citation, recognition)?
Copyright Penalties
1. Copyright violations for one work, $750 - $30,000.
2. Willful or deliberate violations = $$$$$$.
3. Class failure and referral for academic discipline, per
college or university policy on academic honesty.

Acceptable Use with Credit

1.Reusing a graph, chart, diagram or table from an article to explain new ideas. http://www.hasbro.com/?US

2.Reusing an image (photograph, video or computer-generated) that is an example or evidence of a position

statement.
3.Direct quotes from an article – explain the quote and synthesize it with your position or thesis.
4.Mashups that create new works by combining other works with your own.
5.Critical analysis that quotes or refers to a portion of the original - not extensive copying.
6.Any publication of the US Government: if a newspaper article references a report - reuse the report.

Caution: reusing the same work in multiple classes is academic dishonesty.

Producing new, original works builds personal knowledge and supports your academic goals.
 Internet ≠ Public Domain

https://www.flickr.com/photos/adforce1/5863871462
 Internet ≠ Public Domain

Works published online are copyright protected

1. Do not post another's work on a website or social media site as your intellectual property. This
applies to teachers and professors who post articles on websites. Inside Moodle is ok, online for the
world to see is not ok.

2. Give credit to authors, blogs or the web address where the work originates.

3. Sharing and re-posting via Pinterest or Facebook is acceptable because the original work is not
reproduced – it links to the original.

Get Permission When:

1. The original will be used in commercial or non-educational work.

2. Multiple copies are needed.

3. The work will be distributed outside of class.

4. If in doubt, ask first.

 Copyright Online
Privacy
1. You may not own the copyright for video or audio you appear in.

2. The photographer owns the copyright.

3. Selfies are your copyright, but mashups are not.

Mashups are Fair Use

Brian Williams
Good Vibrations Mashup

Credits: The Tonight Show with Jimmy Fallon

www.youtube.com/watch?v=8yr7ivVPhmY
 Peer to Peer

Peer-to-Peer File Sharing

1. Digital files are not sent “whole” – they

are broken into smaller “packets” to speed
online delivery.
2. Peer-to-peer file sharing sites take
advantage by sharing packets from
numerous sources.
3. The pirate user acquires copyrighted
material without paying for it.
4. Sharing and downloading files is
traceable.
5. Willful or deliberate violations = $$$$$$.

http://computer.howstuffworks.com/bittorrent2.htm
 File Sharing: Music Industry Estimates

Economic, Social and Ethical Costs of Piracy

The Institute for Policy Innovation Analysis of Global Music Piracy:


71,060 U.S. jobs.

$2.7 billion in workers' earnings.

$422 million tax revenues.

$291 million in personal income tax.

$12.5 billion of economic losses every year.

$131 million in lost corporate income and production taxes.
 Creative Commons
Resources

•Nonprofit organization that provides copyright

licenses for the public to share and use creative
products.

•Works in conjunction with copyright to clarify

levels of protection and reuse.

•Credit your sources and share your knowledge.

http://creativecommons.org/licenses/ http://www.squidoo.com/cc-flickr
 Photographs
Flickr

Reuse public domain photographs.

Creative Commons licensing.

Gage Skidmore: http://www.flickr.com/photos/gageskidmore/8496628996

 Data and Infographics
• Infographics =
images that explain
a data set.
• Data Visualization
= numerical data in
a visual format.

Make Your Own

• Visual.ly.
• Google charts.
• Infogram.
• Piktochart.

http://visual.ly/what-students-do-during-lectures
Wikimedia

• Nonprofit foundation that collects and

provides open access to free educational
content.

A few of the tools:

1. Wikimedia Commons = shared media

repository.

2. Wikiversity = open learning communities.

3. Wikibooks = open content textbooks.

http://www.flickr.com/photos/nojhan/3204073130/
Massive Open Online Courses = MOOCs

• Not-for-profit and private

institutions.
• Intellectual Property
Rights, Copyright and Fair
Use standards apply. Be
cautious of posting
copyright-protected
materials online.

http://chronicle.com/article/Major-Players-in-the-MOOC/138817
 Social and Ethical Issues
Digital Millennium Copyright Act (1998)
Prohibits circumventing digital rights management (hacking)
Colleges and universities that provide internet access are responsible for terminating accounts for
repeat infringement.

www2.gccaz.edu/
 Social and Ethical Issues

Net Neutrality
Federal Communications Commission (FCC)
regulators recently moved to prevent large internet
service providers (Verizon, Comcast) from
controlling access and speed to online service
companies (Netflix, Amazon).

Without Net Neutrality regulations, big

conglomerates could charge customers more for:
1. Access to copyrighted content.
2. Faster access to content.
3. Or prevent customers from accessing specific
content providers.

http://commons.wikipedia.org
 Social and Ethical Issues
Net Neutrality
Example
A service provider (Comcast) can prevent you from accessing Hulu because Cox has an
agreement with Netflix. Video content from some providers is already funneled through
specific providers. Example login screen for access to Olympics coverage:

http://nbcolympics.com
Intellectual Property: What, Who, When, Where
• What is intellectual property? A creation of the mind.
• Three types of intellectual property? Copyright, patent, trademark.
• What is copyright? Law that protects literary or artistic works.
• Who owns copyright? The author, artist or creator.
• What are the requirements for copyright protection? Work must be original, physical and creative.
• Where is public domain? Works that are free for public use are in the public domain.
 Discussion Post

Topic: Net Neutrality

View the video: Inventor of the web marks its 25th anniversary by calling for net neutrality
http://www.theverge.com/2014/3/12/5499258/tim-berners-lee-asks-for-net-neutrality-on-internets-25th-birthday

How does access to online resources affect your academic scholarship?

Write a position statement and post to the discussion board. Address Net Neutrality in relation to
intellectual property rights, copyright, fair use, and the legal standards discussed in this lecture.