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CopyrightCopyright
A Lifecycle in BalanceA Lifecycle in Balance
The Lifecycle
AuthorAuthor
Author’s Copy RightsAuthor’s Copy Rights
Reproduce in copiesReproduce in copies Prepare derivative worksPrepare derivative works Distribute copiesDistribute copies Perform the workPerform the work Display the workDisplay the work Transmit the work digitallyTransmit the work digitally
Author as User
credit re-purpose mash respect copyright and/or use NIH
guidelines, OA and Creative Commons
Scholarly PublicationScholarly Publication
DissertationDissertation Grey literatureGrey literature Popular/trade literature & journalismPopular/trade literature & journalism Conference ProceedingsConference Proceedings Government documentsGovernment documents Peer-reviewed journalPeer-reviewed journal
Reader
Reader as User
Searches Printing/photocopying Downloads (licensed or fair use) Cites Re-purposes Engages works in the public domain
Compiler
Compiler
Conscious and proactive creation of an anthology of copyrighted works
Restrictions by license It becomes an anthology when it is
distributed
TeacherTeacher
DistributesDistributes
Guidelines (OCRA, course packs and Guidelines (OCRA, course packs and local options)local options)
Fair Use testsFair Use tests Transformative vs. DerivativeTransformative vs. Derivative
Fair UseFair Use
Fair Use applies -- unless restricted by Fair Use applies -- unless restricted by contractual/license agreementscontractual/license agreements
NB scanning not covered under Fair UseNB scanning not covered under Fair Use Typically -- E-Resource licensesTypically -- E-Resource licenses Re-distribution, excessive downloadsRe-distribution, excessive downloads Four tests: Purpose, Amount, Nature, Four tests: Purpose, Amount, Nature,
EffectEffect
Fair Use tests:
Purpose (or character) Purpose (or character) Amount (small amount allowable )Amount (small amount allowable ) Nature (fact or imaginative)Nature (fact or imaginative) Effect (on the market, either for Effect (on the market, either for
purchased copies or royalties)purchased copies or royalties)
Consider risk
Up to $150,000 per infringement Plus attorneys fees
ResearcherResearcher
RulesRules
Fair UseFair Use PlagiarismPlagiarism Practice and MythologyPractice and Mythology
Researcher’s Fair UseResearcher’s Fair Use
Credits others ideas and words Repurposes data, images, ideas Quotes, but always leaving a trail to the
source
QuotesQuotes
Citation/credit for Citation/credit for conceptsconcepts and wording and wording
Practice and MythologyPractice and Mythology
As long as it’s not commercial, I can do what I As long as it’s not commercial, I can do what I want.want.
If it’s behind a firewall, it’s OK.If it’s behind a firewall, it’s OK. I routinely post all my articles on my website.I routinely post all my articles on my website. I share online articles within my lab and I share online articles within my lab and
colleague teams.colleague teams. My information needs as a consultant are My information needs as a consultant are
covered by Fair Use.covered by Fair Use.
TransformativeTransformative
CriticismCriticism ParodyParody http://www.youtube.com/watch?v=pUPsf
YJONrU (You Tube: Disney Copyright Law) (You Tube: Disney Copyright Law)
DerivativeDerivative
Concept infringement – e.g. Warner Concept infringement – e.g. Warner Bros. vs. RDR Books (Harry Potter Bros. vs. RDR Books (Harry Potter Lexicon) or Hasbro vs. RJ Software Lexicon) or Hasbro vs. RJ Software (Scrabulous)(Scrabulous)
CompilationCompilation PlagiarismPlagiarism
Citizenship in the Scholarly Citizenship in the Scholarly CommunityCommunity
What’s at Stake?What’s at Stake?
Public Domain (Sonny Bono law)Public Domain (Sonny Bono law) Orphan worksOrphan works Fair Use: Use it or lose it! (e.g. Google Fair Use: Use it or lose it! (e.g. Google
Books)Books) Creative Commons/Knowing your rightsCreative Commons/Knowing your rights Open Access (NIH/PubMed Central, Open Access (NIH/PubMed Central,
Harvard)Harvard) A generation of digital users and their A generation of digital users and their
cultureculture
Creative CommonsCreative Commons
Creative Commons defines Creative Commons defines the spectrum of possibilities the spectrum of possibilities between full copyright — between full copyright — all all rights reservedrights reserved — and the — and the public domain — public domain — no rights no rights reservedreserved. CC licenses help . CC licenses help you keep your copyright while you keep your copyright while inviting certain uses of your inviting certain uses of your work — work — a “some rights a “some rights
reserved” copyrightreserved” copyright..
search, download, cite, re-purpose, uses public domain
Proactive creator of anthologies
search, download
Distributes, depends upon fair use
search, download, cite, re-purpose, uses public domain
