Copyright/OA Bootcamp

Welcome

Copyright/OA Bootcamp

Bobby GlushkoUniversity of Michigan

Copyright Office

Copyright/OA Bootcamp

Copyright Basics

Copyright

17 USC §§ 101-1332

That's a lot of sections

So we better get started!

I kid...

102- Subject Matter of Copyright

106- The Exclusive Rights

107- The Fair Use Limitations

108- The Library Exemptions

17 USC 102- Subject Matter of Copyright

What can be protected by copyright?

Copyright Subsists In:

1)[O]riginal works of authorship 2)fixed in any tangible medium of expression, now

known or later developed.

Original Works of Authorship

No protection for something that has already been authored by someone else...

Fixed in any tangible medium

Must be in observable, concrete form

No matter how grand or trivial

Youtube Videos of your cat

The new American Novel

Shopping List

Published and Unpublished

Protection applies regardless.

In fact, it may be stronger for unpublished works.

17 USC 106- The Exclusive Rights

Copyright is fundamentally about excluding others from

the use of non-rivalrous property

Exclusive rights in copyrighted works

1. Reproduce the work

2. Reinvent the work

3. Distribute the work

4. Perform the work

5. Display the work

6. Transmit the work

Most relevant here

1. Reproduce the work

2. Reinvent the work

3. Distribute the work

Right to control reproductions

Right to control derivative works

Right to control distribution

17 USC 107 – The Fair Use Limitation

The exclusive rights have limits.

The 1st Amendment demands this.

The enumerated fair uses

Criticism, comment, news reporting, teaching (including multiple copies for

classroom use), scholarship, or research.

4 Factor Test

The Nature of the original work

The Purpose of the use

The Amount of the original work

The Effect on the Market for the original

Unlisted Factor

Are you a good guy or a bad guy?

17 USC 108- The Library and Archive Exemptions

Because of the vital role they play, libraries have a special set of exemptions

The Library and Archive Exemptions, Generally

Libraries and archives are allowed to do the following otherwise infringing activities:

1. Make and distribute reproductions to patrons

2. Make reproductions for preservation or replacement

3. Enhanced rights where the work is not available at a reasonable price

Don't forget 107

108 works along 107. Double limitation!

Shameless Self Promotion

Pushing Libraries and Archives to the Edge of the Law

Bobby Glushko

Available on SSRN

The Digital Millennium Copyright Act

Complex Legislation

Varying Relevance

Notice and Takedown

Pretty much saved the Internet.

Only Applies to OSPs

But the general principles apply to all actors on the Internet.