MLA 2011: Copyright or Copyleft?

Danielle Whren Johnson, Loyola/Notre Dame Library, & Mary Somers, Harford Community College Library

Copyright in an educational setting – everything comes back to Fair Use. Fair Use Circular from the Copyright Office.

-Prof shows a video rented from Netflix? OK. Copied from TV? Not ok. Makes a digital copy and streams it? Not ok. Digital copy in a face to face class? OK.

-TEACH ACT – passed in 2000 – Streaming copies. Do they need to see the whole film? Can only give access to students in the class. Digital copy needs to be labeled with copyright notice. (Lots of education use comes down to “face-to-face” use, which is ok.)

-student RA to show films. Public invited, no admission charged. Have to have public performance rights. But what if just limited to students, no public? Comes down to risk-aversion. If you have an umbrella license

“Yes, but no” is pretty much the answer to any copyright question.

-Denied permission? If you apply the four principles and determine that you’re w/in fair use, you can still use the item.

-Contacted and no response? Same thing applies – four principles.

-Something from another country? Use it under the copyright of your country (Berne Convention)

-Something from a database posted in Blackboard? Post the link not the PDF.

-Want to use several chapters from a textbook. Don’t want students to have to buy it. Photocopies? (“buy it” – against the market use effect principle)

-Post an advertising image from Time in Blackboard. Transformative use (different purpose from original intent)

-Federal Gov’t publications are in the public domain. BUT make sure it’s a gov’t document, even if it was posted on a .gov.

-Make a compilation of clips from a few movies. But have to “unscramble” DRM. This has always been permitted for film studies profs, as of 7/10, Librarian of Congress decided other profs can do this.

Danielle – Creative Commons
-Woody Guthrie was willing to let people do whatever they wanted with his stuff.

-Who’s using CC? Al Jazeera blog content & some video; Wikipedia; Nine Inch Nails’ last two albums, PLOS, MIT Open Courseware.

-CC: You do not give up your “regular” copyright – it’s an additional license. Fair use still applies.

-Started in ’01, first licenses came out in ’02. Recognized legal licenses in 50 jurisdictions worldwide. Complimentary with “regular” copyright – enables you to let people know for sure what they can do, ahead of time (don’t have to contact you).

Components of CC licenses:
-Attribution – give original author/creative
-Share Alike component – if you use someone’s work to create a new work, you must use the same license they used.
-Non Commercial
-No Derivatives – must stay exactly as is, same form, etc.

-Attribution-Only: most open, can do whatever they want
-Attribution-Share Alike
-Attribution-No Derivatives: attribute me with no changes
-Attribution-Non Commercial
-Attribution-Non Commercial-Share Alike
-Attribution-Non Commercial-No Derivatives: lots gets licensed under this because they want to share stuff!
-No Rights Reserved: New! Just in the last year. Places the work in the public domain.

Also came up with a mark for public domain works.

Where do CC works live? Still/Art: Flickr (advanced search will limit to CC licenses), Animal Photos, Creativity103 (backgrounds & textures), Open Clip Art Library. Audio: Opsound, Free-Loops, FreeSound Project, Jamendo, CCmixter. Video: Revver, not much else. Text: BioMed Central, Flat World Knowledge.

Where to search for them? CC website, Google advanced search.