Copyright in ten minutes or less  in

What will you create and produce?  

What is copyright?

How do you know when you can use someone else's work? 

 What copyrights will you control?

 

What is copyright?

• What qualifies for protection and when?• What are these "copy" "rights" ?• How long do they last?• Limitations and exceptions

What qualifies and when?

• Copyright protects creative expression of an idea, not the idea itself

• Factual information does not qualify (historical facts, statistics, telephone numbers, etc.)

• Must be fixed in some medium; electronic media qualifies: email, PowerPoint, MSWord, etc.

• As soon as it's fixed, it is copyrighted (by the creator)

What are these “copy” “rights”?

Exclusive rights to … In plan English

Reproduce Make copies

Distribute Sell, give away at conferences, give to your students, make available for downloading on your web site

Create derivative works Make new work from an existing work, screenplay from novel, new presentation based on an old presentation, translation

Display the work publicly Hang a painting in a gallery

Perform the work publicly Theatrical performance, musical performance

A few basic things to remember

• Copyright lasts for life of the author + 70 years (but it was not always thus ... rules have changed over the years)

• If you create it, you own the copyright. You do not have to include a notice or register your copyright, but for more formal works, this is not a bad idea. (U.S. Copyright Office help ... here again, rules have changed over the years)

• You can unbundle your rights, you can transfer your rights• You can share copyright: works of joint authorship• Works for hire: things you produce as part of your regular

employment

(back to U.S. Copyright Law)

Limitations and exceptions 

• Only the first sale of a copy is under copyright holder's control (109)

• Exception for classroom teaching (110)

• Exceptions for libraries to make copies (108)

• Fair use (107)

What are the rules about incorporating works created by others?1. Is it still under copyright?

if yes then...2. Does an exception (fair use?) apply?

if no, then ... you need to request permissionNightmare scenario: your publisher won't include scans in your book without a signed copyright agreement form ... what do you do?

Northwestern's copyright policy

"the members of the Northwestern University Academic Community shall own in their individual capacity the copyright to all copyrightable works they create at the University resulting from their research, teaching, artistic creativity, or writing."     • Required to make best effort to grant NU a license to use the material for

"reasonable academic or research purposes of the University" • Stronger claim for instructional materials, University retains right to use• Specific rules about software, patent-related copyrights, things in which the

university has invested extraordinary resources • Classifies administrative documents as works for hire 

http://www.invo.northwestern.edu/policies/copyright-policy

Your dissertation

http://dissertations.umi.com/northwestern/

ProQuest provides a list of things for which they like to see permissions:• Very long quotations• Reproduced publications

(survey instruments, journal articles, etc.)

• Unpublished works• Substantial chunks of

o Poetry & lyricso Dialogue from dramatic worko Musico Graphical works

• Software developed by someone else

Your dissertation

Standard agreement with ProQuest is a license

Contracts: terms you may encounter

• Transfer of all rights in perpetuity• License of certain rights on a nonexclusive basis • Self-archiving restrictions*

o only the pre-peer review copy o you have to wait X months before you can use the

publisher PDFo only if mandated by a funder 

• You can participate in our open access program if you pay an additional author fee

*self-archiving: posting your work on your web page or depositing it in an institutional or a disciplinary repository

Author addenda

• CIC Author Addendumhttp://www.northwestern.edu/provost/about/announcements/cic.html o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern

Facultyo Key features:

Author has non-exclusive rights to his/her work for academic purposes After 6 months, can make full use of publisher's copy Author has right to grant employing institution rights of reproduction,

distribution, display, etc.• Other addenda:

o Scholarly Publishing & Academic Resources Coalition (SPARC)o Science Commons addenda generatoro Directory of addenda, Open Access Directory

Photo credits Slide: What qualifies and when?Writing (http://www.flickr.com/photos/anotherphotograph/2276607037/) / Tony Hall (http://www.flickr.com/photos/anotherphotograph/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/) 

Copyright © 2011, Claire Stewart