Transcript Copyright and plagarism

Copyright Issues and Plagiarism
Adele Bildersee
Director of Libraries
The Dalton School
[email protected]
212-423-5278
What is Copyright?
“Copyright is a statutory privilege extended to
creators of works that are fixed in a tangible
medium of expression”
Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators,
2nd ed. Chicago, ALA, 1995.
Copyright Explained
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Copyright protects creators’ and owners’ rights to
their works
Automatic Copyright: Almost anything a person
creates is copyrighted, whether registered or not
Works must be in a tangible format
Copyrights can be assigned
Copyrights may be registered with the U.S.
Copyright Office
Owners’ Exclusive Rights
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Reproduce or copy
Distribute
Publicly Perform
Publicly Display
Create Derivatives
What Can Be Copyrighted?
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Print Material: books, newspapers, sheet music,
plays, etc.
Nonprint Material: videos, DVDs, CD-ROMs,
photographs, statues, paintings, etc.
Internet: web pages, e-mails, digitized graphics,
movies, etc.
What Can’t be Copyrighted
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Inventions
Ideas
Themes
Titles
Facts or Historical Events
Industrial Designs
How Long Does Copyright Last?
Public Domain
1. Published before 1923
2. Published between 1923 and 1963 with copyright
notice but no renewal
3. Published between 1923 and 1978 with no
copyright notice
4. Published between 1978 and March 1, 1989 with
no copyright notice and no registration
5. A work to which the author/owner has given up
all rights
Some Significant Laws
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Digital Millennium Copyright Act (DMCA) Brings
U.S. Copyright Law into compliance with the WIPO World Intellectual property Organization
Sonny Bono Copyright Extension Act (CTEA)
1998 - Extends the duration of coopyright in U.S.
retroactively from life of author + 50 years to life of
author + 70 years -- and works for hire from 75 to 95
years or 120 years, whichever comes first
U.S. Copyright Office
Contact Information
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
202-707-3000
Internet: www.loc.gov/copyright
What Works are in the Public Domain?
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Most federal documents
Phone books
Works with expired copyrights
Freeware
Works for which the creator has given up the rights
Some clipart
Works published in 1923 or before
Some works published between 1923 and 1963
CHART -WHEN WORKS PASS INTO PUBLIC DOMAIN
What is Fair Use?
When do you need permission:
Four Factors:
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Purpose and character of use - for profit or
educational use
Nature of the work
Quantity to be borrowed - how substantial
Marketability of the work - effect of use on
potential market
Guidelines for Fair Use
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Copyright is a “gray” issue, not clear law
Although vague, all four factors must be
considered
Conference on Fair Use established
guidelines - 1994
Exemptions are permitted under special
circumstances
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OBTAINING
PERMISSION
Put requests in writing
If not possible, keep notes of oral conversations
Include the following information in a permissions
request:
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What you want permission to use
 What kind of permission you need; how, where, how
often, how long, etc.
Request early - there is no limit on response by owner
Obtain a licence:
e.g. Motion Picture Licensing Corp. <www.mplc.com>
Establish a Policy
Written guidelines that cover:
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Privacy
Piracy
Intellectual freedom regarding copyright
Acceptable use policies
Ethics codes
What is Plagiarism?
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Borrowing or using from another source
without acknowledgement
May be accidental or intentional
Common and easy in the digital age
Some Preventions and Remedies
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Communicate honesty - build trusting
relationships with students
Encourage excellence
Establish policies
Educate students and faculty about what
constitutes plagiarim
Communicate policy clearly
Take action against violations