 |
Copyright
Law and
Scholarly Electronic Publishing
Presented
for
Professors
and Publishing in the Electronic Academy
The
University of Tennessee
Fall
1996
Georgia Harper
Office
of General Counsel
University of Texas System
|
Copyright affects you.
- Faculty are authors and
consumers of copyright materials
- The electronic environment
creates new opportunities and new risks
- Electronic access
- Electronic publishing
- Electronic distribution
- So much to
read, so little time...
Overview
The
Basic Scheme
- The law gives certain
rights to copyright owners
- Fair use and other
exemptions are the “play in the joints”
- Sometimes you have
to ask for permission
Section
107 of the Copyright Law describes four factors that must be taken into
account in analyzing whether copying is fair use.
- Character of the use
- Nature of the material to
be copied
- Amount and importance of
the part copied
- Effect on market for permissions
If in doubt, ask for permission.
- Universities produce, distribute,
maintain and consume scholarly works
- Costs to buy back the end
product of University research have far outstripped libraries' financial resources
- Libraries (Universities) subsidize
the current model by buying subscriptions
- Rates of increase in subscription
prices have far exceeded rate of inflation
- There is a disconnect between
the payer and the ultimate consumer that affects pricing
- Authors,
libraries, scholarly presses and computer departments have begun to team up
to find solutions
- Online journals and monographs
- Departmental preprint servers
- Increasing University awareness
of the problems
- ARL/AAU
Task Force suggests a more active University role in copyright management
- Scholarly communication
may ultimately operate under a different copyright paradigm from the entertainment
industry
- Upfront public/private funding
of research and reporting of results
- Replacing the "backend"
funding method we currently use (buying the finished product)
- Free electronic distribution
to entire university community
- Chargeable value (added by
anyone who wants to commercially distribute a work) could be in other
features besides content: "point of view," organizing principles,
ability to offer interaction with authors, among others
Summary
- Faculty are both owners
and users of copyright works
- Important legal and economic
implications
- Electronic environment offers
new opportunities to make educational and scholarly works more widely available
and to use them in new ways
- The Copyright
Crash Course offers online copyright support when you need it
- Kenneth Crews, Copyright,
Fair Use, and the Challenge for Universities. Chicago, University
of Chicago Press, 1993.
- Michael Matthews and Patricia
Brennan, editors, Copyright, Public Policy, and the Scholarly Community.
Association of Research Libraries, 1995.
- Ann Shumelda Okerson and James
J. O'Donnell, editors, Scholarly
Journals at the Crossroads: A Subversive Proposal for Electronic Publishing.
Association of Research Libraries, 1995.
- L. Ray Patterson and Stanley W.
Lindberg, The Nature of Copyright; a Law of Users Rights. Athens,
GA, University of Georgia Press, 1991.
Summary of Multimedia
Fair Use Guidelines
- Students may incorporate others'
works into their multimedia creations and perform and display them for academic
assignments
- Faculty may incorporate others'
works into their multimedia creations
- to create multimedia curriculum
materials
- to teach remote classes where
access and total number of students is limited; technology makes copying
impossible
- if materials can be copied,
they may only be made available remotely (by network) for 15 days
and then must be placed on reserve for on-site (at the remote location)
use only
- Faculty may demonstrate their
multimedia creations at professional symposia and retain same in their own
portfolios
- Time limit on fair use: 2 years
from completion of the multimedia work
- Copies limit: generally, only
2, but joint work creators may each have a copy
- Portion limits:
- motion media - up to 10% or
3 minutes, whichever is less
- text - up to 10% or 1000 words,
whichever is less
- poem - up to 250 words,
but further limited to:
- three poems or portions
of poems by one poet; or
- five poems or portions
of poems by different poets from an anthology
- music - up to 10% or 30 seconds,
whichever is less
- photos and images - up to
5 works from one author; up to 10% or 15 works, whichever is less, from
a collection
- database information - up
to 10% or 2500 fields or cell entries, whichever is less
The full text
of the Multimedia Guidelines is now available (fall 1996).
Top
| Search
Other Presentations | Crash
Course in Copyright | Intellectual Property Section
| Office of General Counsel