Overview

Why Copyright?

What Makes Copyright an Issue?

Who Owns What?

How Does Analog Fair Use Apply to the Multimedia World?

Using fair use guidelines

Specific Multimedia Copyright Issues

	The archival collection
	I found it on the Internet
	Digitizing analog images
	Incorporating images into new works
	Creating derivative works

Protecting Multimedia Creations

Copyright Management

Copyright affects you.

Electronic Access Increases Opportunities

	Easier access to others' works
	Wider dissemination of your creations
	Increasing quantity and quality of digital content

Electronic Distribution Increases Exposure to Liability for Copyright Infringement

What Makes Copyright an Issue?

The Crash Course in Copyright

If you want to use others' works in the creation
of new materials, you need to know a little bit about Copyright.

First, The Basic Scheme

	The Law Gives Certain Rights to Copyright Owners
	Fair Use is the "Play in the Joints"
	Sometimes You Have to Ask for Permission
	Sometimes You Are the Owner!

Some Particulars

What Does Copyright Protect?

Original works of authorship fixed in a tangible medium of expression.

When Does it Begin and End?

Today, it begins at the moment of fixation in a tangible medium of expression and ends at the expiration of 70 years after the death of the author. Different rules apply to older works, however, and there are special rules for works-for-hire.

Recent changes in Copyright Term Extension Act allow libraries to use certain works in their last 20 years of protection

What Does it Mean to Owners?

Owners have exclusive rights to make copies, create derivative works, distribute, display and perform works publicly.

	What Does it Mean to Users? If the law protects a work you wish to use, you must ask for permission from the copyright owner unless your planned use is covered by one of the law's exemptions, such as fair use.
	What is Fair Use? Wouldn't a crisp, clear answer to that one be nice?

Ownership

The Author is Usually the Owner

More than one author may be joint owners of a work

	Independently copyrightable contributions
	Mutual intent that authors will be co-owners of the work

The Employer is the Owner When:

	Work created by employee within scope of employment
	Work created pursuant to contract with assignment
	Work properly documented as a work-for-hire

System Intellectual Property Policy

Permits an author to own scholarly and educational works within field of expertise,
unless the author was required to create the work

If the University has an interest in scholarly or educational works,
it should be set out in an agreement to avoid confusion and misunderstanding

	Ownership interest;
	Right to use;
	Right to reimbursement of contribution; and/or
	Right to share in proceeds

New Challenges

Faculty members hired or required to create certain materials

	Recent revisions to Section 2.3 and 2.4 of the U.T. System Intellectual Property Policy
	Using an acknowledgement to clarify unusual circumstances

Multimedia courseware

Changing nature of authorship

	Inter-institutional collaborations
	Student contributions
	Work-for-hire contributions (contract labor)
	Non-faculty University employees

Significant resource reimbursement

New Regental Policy on Copyright Management

Fair Use

If an author creates a multimedia product for limited use within an institution, reliance on fair use is appropriate.

If that same product will be commercialized,
reliance on fair use should be quite limited.

Section 107 of the Copyright Law includes illustrations of potential fair uses and describes four factors that must be taken into account in analyzing whether a use is fair.

Examples: Criticism, comment, news reporting, teaching, scholarship and research

The four factors:

Character of the Use

Nature of the Material to be Copied

Amount and Importance of the Part Copied

Effect on Market for Permissions

Getting Permission

	Collective Rights Organizations
	Contacting the Owner Directly
	What if the Owner Has Changed?
	Be Sure the Person Granting Permission Has Authority
	Should Permission be in Writing?
	What if you Have Difficulty Identifying the Owner?
	What if the Owner is Unidentifiable or Unresponsive?

Hosted by www.Geocities.ws

	Character of the Use
	Nature of the Material to be Copied
	Amount and Importance of the Part Copied
	Effect on Market for Permissions

Overview

Copyright affects you.

Electronic Access Increases Opportunities

Electronic Distribution Increases Exposure to Liability for Copyright Infringement

The Crash Course in Copyright

If you want to use others' works in the creation of new materials, you need to know a little bit about Copyright.

First, The Basic Scheme

The Law Gives Certain Rights to Copyright Owners

Fair Use is the "Play in the Joints"

Sometimes You Have to Ask for Permission

Sometimes You Are the Owner!

Some Particulars

When Does it Begin and End?

What Does it Mean to Owners?

What Does it Mean to Users?

What is Fair Use?

New Challenges

If an author creates a multimedia product for limited use within an institution, reliance on fair use is appropriate.

If that same product will be commercialized, reliance on fair use should be quite limited.

Character of the Use

Nature of the Material to be Copied

Amount and Importance of the Part Copied

Effect on Market for Permissions

If you want to use others' works in the creation
of new materials, you need to know a little bit about Copyright.

If that same product will be commercialized,
reliance on fair use should be quite limited.