CMG GardenNotes #018 Using Copyrighted Materials Are You Legal?

Transcription

1 CMG GardenNtes #018 Using Cpyrighted Materials Are Yu Legal? Self-Test Quickly answer the fllwing questins n legal cpying f materials. 1. If there is n cpyright statement n the material, is it OK t make cpies as needed? Yes N 2. A garden bk has a list f shade-tlerant flwers that wuld be useful as a handut fr general distributin. May yu legally make cpies as handuts fr general distributin? Yes N 3. Wh wns the cpyright n materials yu prduce as part f yur Clrad Master Gardener service? Yu CSU 4. A client wants a cpy f the page in a bk yu used fr reference. A. May yu legally make a cpy f this page fr a client? N B. May yu legally make cpies f this page as a handut fr general distributin? 5. In this mnth s magazine, yu find an article that wuld make a great handut in class next week. A. May yu legally make cpies fr all class participants? N B. May yu legally make cpies next year when yu teach the class again? N 6. Yu find a great article n the Web fr yur prgram. A. May yu legally print a cpy fr yur wn schlarly reference? N B. May yu legally make multiple cpies fr class handuts? N C. May yu legally dwnlad a cpy nt yur Web site? N N 018-1

2 Backgrund and Answers t Test The fllwing infrmatin is nt intended as legal cunsel. It is prvided nly t create awareness f cpyright issues cmmnly encuntered in Extensin prgrams. Cpyright Cpyright is legal prtectin giving authrs and ther artistic creatrs exclusive rights t reprduce cpies, make derivative wrks, use materials in ther wrks, transfer frmat (such as frm tape t CD), enlarge r reduce size, distribute, perfrm publicly, and display publicly. Examples f cpyrighted materials Print materials WWW materials Cmputer prgrams Pictrial wrks Graphic wrks Musical wrks Dramatic wrks Sculptural wrks Mtin picture and vide wrks Sund recrdings Architectural wrks What is nt cvered by cpyright prtectin? Titles (cvered under trademark r service mark registratin) Ideas (but rather tangible expressin f the idea) Cmmn knwledge (but rather the tangible expressin f the knwledge) Lists and bibligraphies (but rather the tangible expressin f the knwledge) Blank frms (but rather the tangible expressin f the frm) List f ingredients (But rather what yu d with the ingredients) Sme federal gvernment dcuments Duratin f cpyright After 1978 Life f authr + 50 years Wrks fr hire shrter f 75 years frm first publicatin r 100 years frm first creatin Befre years, renewable fr 47 years Digital Millennium Cpyright Act (DMCA) f 1998, frm the U.S. Cpyright Office, is legislatin that implements tw 1996 Wrld Intellectual Prperty Organizatin (WIPO) treaties: the WIPO Cpyright Treaty and the WIPO Perfrmances and Phngrams Treaty. The DMCA als addresses a number f ther significant cpyright-related issues 018-2

3 Questin 1. If there is n cpyright statement n the material, is it OK t make cpies as needed? NO Cpyright registratin is n lnger mandatry fr wrks published after May 1, Registratin (filling ut a cpyright applicatin and paying a fee) nly enhances the cpyright hlder s ability t cllect damages. Basically anything in a fixed, tangible frm is autmatically prtected by cpyright. Questin 2. A garden bk has a list f shade-tlerant flwers that wuld be useful fr a handut. May yu legally make cpies fr a handut fr general distributin? NO While the list is nt cvered by cpyright, the tangible expressin f the knwledge is cvered. Cpyright Ownership The emplyer wns the cpyright fr any wrk dne by emplyees as part the wrk assignment and respnsibilities, unless ther arrangements are made in writing in advance. Specially rdered r cmmissined wrks depend n cntractual agreement. Unpublished materials The writer, nt the wner f the materials, wns the cpyright. Cmputer sftware The purchaser buys a license t use sftware nly as utlined in the agreement. Pictures The persn wh takes the picture, nt the persn wh wns the picture, wns the cpyright. Videtaping The presenter hlds rights n the presentatin. The vide taper hlds rights n the taped versin. Music Writers (wrds and music) and perfrmers (vcal and instrumental) all have cpyrights n what they cntributed. Questin 3. Wh wns the cpyright n materials yu prduce as part f yur Clrad Master Gardener wrk? Clrad State University Unless ther arrangements were made in writing, in advance, Clrad State University Extensin wns the cpyright f materials yu prduce as part f yur Clrad Master Gardener service

4 Fair Use Dctrine Fair use dctrine defines the privileges f thers t use materials in a reasnable manner withut cnsent fr purpses such as criticism, cmment, news reprting, teaching, schlarship r research. Criteria fr fair use include: 1. Use must be nnprfit, educatinal in nature. 2. Nature f wrk Fair use extends further in factual wrks, and is very limited in fictinal wrks r artistic creatins. 3. Amunt vs. ttal wrk The laws get int wrd cunts and percentages. Basically, the use must nt cnvey the nuts and blts f the wrk. 4. Ptential n market The bttm line is hw the use impacts ptential sales f the prduct. Use must nt circumvent sales in any way. Criteria fr single cpy Under fair use dctrine, fr schlarly review, a single cpy may be made f a chapter frm a bk an article frm a peridical a shrt stry, essay r pem a chart, graphic frm frm a bk, peridical r newspaper Criteria fr multiple cpies, classrm distributin Under fair use dctrine, the making f multiple cpies is extremely limited, and must meet all five5 tests: Student use 1. Spntaneity Used within 60 days, thus the instructr desn t have reasnable time t seek cpyright permissin. Used with instance and inspiratin f the teacher. Nte: In Cperative Extensin wrk, it is uncmmn that cpies will pass this spntaneity test, since we typically use and reuse materials that have been in print fr mre than 60 days. 2. Cumulative effect supprtive t the educatinal prcess, but nt the fcus f the class. 3. Brevity Keep it shrt, never mre than 10% f the wrk. 4. Prfit Distributed withut prfit (may recver printing csts). 5. Cpyright ntice must be included n all cpies. Students have fair use fr classrm prjects. But if the prject ges beynd the learning classrm, cpyright permissin is needed. The scpe f fair use is brader fr factual wrks than fictinal and creative wrks. Miscnceptins Cntrary t ppular pinin, the fllwing situatins d NOT make cpying OK : Educatinal Nnprfit Vlunteers Church Out f print As a means f bypassing fees r purchase price 018-4

5 Cmmn vilatins f fair use include: Cpying cnsumable wrks (unless the cpyright statement gives permissin) Cpying withut including the cpyright ntice Cpying mre than ne wrk frm a single authr per class and/r per prject Cpying the same item each time a class is taught (spntaneity test) Creating curse packets Cpying as a substitute fr purchase Cpying n directin f the bss Questin 4. A client wants a cpy f the page in a bk yu used fr reference. A. May yu legally make a cpy f this page fr a client? Qualified YES Fair use criteria permits a single cpy fr schlarly review f the page. Remember that it must als include the cpyright statement frm the bk (see single cpy criteria abve). Questin 5. B. May yu legally make multiple cpies f this page fr a handut fr general distributin? NO Making multiple cpies fr distributin des nt meet criteria fr fair use. Yu must seek permissin f the cpyright hlder. In this mnth s magazine, yu find an article that wuld make a great handut in class next week. A. May yu legally make cpies fr all class participants? Qualified YES, This wuld meet spntaneity criteria fr multiple cpies. B. May yu legally make cpies next year when yu teach the class again? NO Yu must seek the cpyright hlder s permissin. Next year (actually after 60 days) it desn t meet spntaneity criteria. Questin 6. Yu find a great article n the Internet fr yur prgram. A. May yu legally print a cpy fr yur wn schlarly reference? Qualified YES Meets single cpy criteria fr fair use. B. May yu legally make multiple cpies as a class handut? NO Desn t meet fair use criteria fr multiple cpy distributin 018-5

6 C. May yu legally dwnlad a cpy nt yur Web site? NO Dwnlading it nt yur website will be clear vilatin f cpyright law unless yu have permissin f the cpyright hlder. Hwever, yu may link frm yur website t their website. Cntrary t ppular belief, Internet materials are NOT free fr the taking. All infrmatin fund n the Internet is prtected, just as any ther print material. It s just easier t vilate cpyright in the electrnic media. Resurces: The Digital Millennium Cpyright Act f Using the Name r Likeness f Anther A dcument designed t cllect resurces and ideas fr participants in the wrkshp Opening Drs fr Multimdal Cmpsers: Intellectual Prperty and Fair Use in the Classrm at CCCC 2014 in Indianaplis Clrad Master Gardener GardenNtes are available nline at Clrad Master Gardener training is made pssible, in part, by a grant frm the Clrad Garden Shw, Inc. Clrad State University, U.S. Department f Agriculture and Clrad cunties cperating. Extensin prgrams are available t all withut discriminatin. N endrsement f prducts mentined is intended nr is criticism implied f prducts nt mentined. Cpyright Clrad State University Extensin. All Rights Reserved. Revised April,