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Workshop Slides - Copyright Essentials for Graduate Researchers ( PPTX )
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Copyright Essentials for the Graduate Researcher Christine Fruin
Copyright and Plagiarism Copyright infringement is different from plagiarism credit infringement violation of his or her rights. You can plagiarize without infringing a copyright.
What Graduate Students Should Know About Copyright When Do You Need Permission and How to Get It Is Your Use of a Copyrighted Work Covered by Fair Use How You Can Protect Your Rights as a Copyright Holder
What is protected by copyright?
any tangible medium of expression, now known or later developed. Copyright Act of 1976, 17 U.S.C. § 102(a)
Original Works of Authorship No protection for something that has already been authored by someone else. The work must be unique and not a copy
Fixed in any tangible medium Must be in an observable, concrete form can be seen, touched, heard
Published or Unpublished Protection applies regardless. In fact, it may be stronger for unpublished works.
What is protected? Literary works Musical works, including any accompanying words Dramatic works, including any accompanying music Pantomimes and choreographic works Pictorial graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works Software
What is not protected? Ideas Titles Facts Processes Works prepared by the federal government Works that are in the public domain
Copyright? Protection is AUTOMATIC upon the moment a work is created and fixed in tangible form. Since 1989 no requirement of registration or inclusion of a copyright symbol (registration is required for filing an infringement claim and winning damages)
How Long Does Copyright Protection Last? Copyright does expire, and works then pass into the Published Prior to 1923 work is in the public domain (see also See Public Domain Chart http:// copyright.cornell.edu/ resources/publicdomain.cfm ) Published between 1923 1977 you will need to know whether the work was published with a copyright notice and whether copyright was renewed (Check Stanford Copyright Renewal Database) Published 1978 present life of author + 70 years Out of print is not out of copyright
If the work is still covered by Copyright Do I need to get Permission? MAYBE but your use might be FAIR USE ( more on this in a moment ) and permission not required Permissions Long quotations Reproduced publications Unpublished materials Poetry Dialogue from a play, screenplay, broadcast, or novel Music Graphic or Pictorial Works Computer Software Sources located on the Internet
Fair Use for use of a copyrighted work without permission, if for purposes such as criticism commentary, news reporting, home use, education and research Four factor test for determining whether such a use qualifies as fair use: 1. Purpose and character of the use 2. Nature of the copyrighted work 3. Amount and substantiality of the portion of the work used in relation to the whole work 4. The effect of the use upon the potential market for the work
Purpose and Character of the Use Your dissertation may primarily be educationa l, but once you publish it and earn royalties, it takes on commercia l aspects as well. However, something may be commercial and still have that outweighed by educational purposes. Is your work transformative ? Transformative uses are generally considered fair use. If you are simply regurgitating the same information as the original, it probably is not. If you contribute something new and original, it more likely is
Nature of the Work Use of published works is more likely to be fair than of nonpublished works. Use of other scholarly works (whose authors generally expect and hope to be quoted) is more likely to be fair than of other types of works. Use of nonfiction is more likely to be fair than of fiction. Critical commentary on fiction, however, is likely to be fair, so long as you aren't using more than need.
Amount of Work Used There is no set number of words, pages, minutes of film/music, or other quantifiable limit on this. Rather, ask these questions: Are you using only as much as you need to make your point? Are you copying the the work? What proportion of the original are you using?
Effect of the Use Upon Market for Original Does your work, or the excerpt you're using, supersede the demand for the original work or otherwise compete with it? If not that is, if your work reaches a different need or marketplace than the original then it is more likely to be fair. Does the author of the original offer a license for uses similar to yours? Use of it without the license could harm the market for the license.
Getting Permission 1. Identify the copyright holder may be author or publisher or someone else www.copyright.gov/records 2. Obtain the address of the copyright holder 3. Send written copyright permission request (many sample or model permission letters can be found online) OR 4. Use a licensing agent to get permission: Books and Journals: Copyright Clearance Center: www.copyright.com Music: BMI (Broadcast Music Inc.): www.bmi.com Film: Motion Picture Licensing Corp: www.mplc.com
Film Scripts brief quotes ok; longer quotes may require permission Clips or Frames short clips (not containing spoilers) or stills likely ok potential venue? Literature be careful of translations have copyright separate from original Archives/Special Collections unpublished works also protected by copyright use or reproduction may also be subject to agreements between donor and institution Art Deceased artists heirs may hold copyright Photos of art lacks originality and may not be protected by copyright Thumbnails Photographs Copyright belongs to photographer not subject of photo Subjects of photos may have privacy/publicity rights If possible, use public domain, royalty free, open access or Creative Commons resources!
Protecting your own rights as a copyright owner Register copyright, particularly if work has high market value or is highly creative. Simple form and nominal fee Utilize Creative Commons licensing manage your rights effectively ( http://creativecommons.org ) Know your publisher and negotiate publication agreements or use author addendum (SPARC Addendum http:// www.sparc.arl.org/resources/authors/addendum ) they
Questions? Christine Fruin, J.D., MSLIS Scholarly Communications Librarian Library West Rm. 256 / 273 2710 firstname.lastname@example.org Blog: http://campuscopyright.wordpress.com Twitter: CampusCopyright and UFScholComm Resources: http://guides.uflib.ufl.edu/copyright http://guides.uflib.ufl.edu/openaccess ProQuest Copyright and Your Dissertation Guide http:// www.proquest.com/assets/downloads/products/UMI_CopyrightGuide .pdf