Copyright

Note:
The nature of the presentation is such that there will be some repetition.

Perhaps a good place to start is with the following Flash

presentation (directed at children and with a USA bias but useful
nonetheless):
http://www.cyberbee.com/cb_copyright.swf

Some general points regarding copyright from

wisegeek.com
http://www.wisegeek.com/what-is-copyright.htm

“Demonstrating ownership of a car or a house may involve producing a title or

deed or bill of sale, something tangible which establishes the exclusive rights of
the owner. But how does one demonstrate these same ownership rights of poems or
photographs or other creative works? The answer is called copyright.

Copyright laws establish exclusive ownership of non-tangible concepts once they

are put into tangible form. Once a poem is printed on paper, a photograph
developed or a performance filmed, it becomes the property of the creator. In the
United States, copyright protection exists from the instant a creative work is
recorded in a tangible form. There is no need for an official copyright to be
registered in order for the creator to claim his or her rights.

The history of copyright law goes back to the rise of the middle class and the
invention of the printing press. Once it became possible for commoners to
purchase copies of newsletters or literary works, publishers sought ways to
establish ownership of the works themselves. Authors were routinely expected to
surrender their own copyright to publishers, who would in theory pay royalties or a
profit of the sales. Copyright registration offices were established to handle the
legal paperwork, but their jurisdictions were often limited to certain countries or
regions. Other publishers were still free to publish manuscripts in other countries
and sell them without regard for copyright.

Copyright laws were first established in the United States in 1790, as part of the
Constitutional protection for artists and writers. It wasn't until the late 1880s,
however, that an international effort was made to unify the copyright laws of
participating countries. This was the famous Berne Convention, which was only
partially successful at first. The United States, a major contributor of copyrighted
works, did not officially sign the Berne Convention agreements until the late
1980s, for example.

Many people are confused about the protections offered by copyright. The current
laws do not prevent others from using similar words, images or thoughts in their
own works. Individual words and common images cannot be copyrighted. Rather,
copyright establishes exclusive rights to the exact form of the creative work, along
with any other derivative forms of that work.

The copyright holder is the only person who can legally produce a motion picture
from his or her novel, for instance. In order for another person to use a copyrighted
work, ownership rights must be transferred, in the same way a car buyer must
obtain a legal title. Usually, there is a financial consideration whenever a
commercial interest seeks permission to use a work protected by copyright.

Copyright laws have been changing for decades, mostly in favor of the author
and his or her estate. Critics of current copyright laws say that the extended
lifespan of copyrighted material is designed to prohibit fair use by the public. The
first renditions of Disney's Mickey Mouse character, for example, would have
passed into public domain years ago if the copyright laws had not been altered.
Whether or not these primitive images of Mickey Mouse would be of any
commercial value is not the point of the argument. Copyright laws now protect
most creative works for the lifetime of the creator plus 75 years or more. While
copyright protection may have saved the author from exploitation in life, it may
offer too much protection for estates and companies eager to maintain their
incomes from licensing fees and motion picture rights.”

What (then) is copyright?

“Copyright is one of a collection of tools that fall under the
heading of Intellectual Property Rights (IPR) that can be
used to: protect an author or developers rights; stop others
abusing those rights; buy and sell rights; licence others to
use your rights or obtain a licence from others to use their
rights.

(Hertfordshire Grid for Learning http://www.thegrid.org.uk)

Main types of IPRs

 Copyright
 Patents
 Design rights
 Trademarks
 Trade Secrecy

(See IMARK Unit 3 Lesson 1 Basics and legal framework pp4-6 for a brief discussion of each)
Thus

“Copyright is a form of intellectual property which gives the creator of an

original work exclusive rights for a certain time period in relation to that work,
including its publication [another term used is reproduction – ie make copies of
the work], distribution [whether or not to distribute copies of the work to the
public] and adaptation [e.g. adapt book into a play or comic strip]; after which
time the work is said to enter the public domain”
(Wikipedia; IMARK Unit 3 Lesson 2)

Or
“Very simply put, and in the context of publishing, copyright is the positive right
of an author or publisher to exploit his or her creation in certain ways and, at the
same time, the negative right to prevent others from doing so.” (Heinemann
Publishers http://www.heinemann.co.za/index.php?
option=com_content&task=view&id=12&Itemid=30)

Remember:

“IPR management [copyright] is an essential part of developing digital

collections….

When digitizing material you will first need to clarify the status of each item,
determining if it is still protected by IPR or if it is in the public domain …

If it is still protected you must determine who the rights holder is and then contact
him/her to ask for permission to include the item in the online collection”

(IMARK, Unit 3, Lesson 1)

In digitising we are not removing copyright from the author -

Request permission to digitize and make available

Born-digital resources also require permission

(Liebetrau)

What does copyright apply to?

Copyright may apply to a wide range of creative, intellectual, scientific,
or artistic forms, or "works". Specifics vary by jurisdiction, but these can
include poems, theses, plays, other literary works, movies, dances,
musical compositions, audio recordings, paintings, drawings, sculptures,
photographs, software, radio and television and broadcasts.” [and
webpages!] (Wikipedia)

Remember:
Copyright does not cover ideas and information themselves, only the
form or manner in which they are expressed.
(Wikipedia)

What does Copyright not apply to?

“What Is Not Protected by Copyright?

Several categories of material are generally not eligible for

federal copyright protection. These include among others:
• Works that have not been fixed in a tangible form of
expression (for example, choreographic works that have
not been notated or recorded, or improvisational speeches
or performances that have not been written or recorded)
• Titles, names, short phrases, and slogans; familiar symbols
or designs; mere variations of typographic ornamentation,
lettering, or coloring; mere listings of ingredients
or contents
• Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration
• Works consisting entirely of information that is common
property and containing no original authorship (for
example: standard calendars, height and weight charts,
tape measures and rulers, and lists or tables taken from
public documents or other common sources)”
(http://www.copyright.gov/circs/circ1.pdf)

Remember:
 When getting permission to digitize material and make it available
in an online collection, keep all correspondence! including
information on:
  The activities you have taken to determine who is the rights holder
 Your activities to contact the rights holder
 The response from the rights holder
 Any fees paid as part of the agreement to use the work
 Details about who may access the digital version of the work
 If it can be converted to other formats as part of technical
migration or preservation activities
(IMARK, Unit 3, Lesson 1)

Why copyright?

 Copyright was designed to:

 reward creators for their original works; [see # below]
 encourage availability of the works to the public;
 facilitate access and use of copyrighted works by the public
in certain circumstances (Rao 2003:264)
 enrich the culture and promotion of knowledge and well-
being

# “One reason for copyright is to provide incentives for the creation and
production of creative works that meet society’s economic and social
needs and demands.

If copying and sharing is not done legally and fairly, there is a real
danger that the economic viability of the industries that produced the
material we now value, may be eroded and its quality and availability
threatened.” (Copyright Council of NewZealand)

What does copyright allow the owner to do?

Copyright generally applies to 2-D things and gives the
owner the right to:
  Copy & issue [reproduce and distribute] copies to the
public ;
 Rent, lend, perform, play or show the work in public;
 Broadcast the work or include it in cable
programmes;
 Adapt the work
(Hertfordshire Grid for Learning http://www.thegrid.org.uk)

When is something copyrighted?

Copyright arises automatically. The copyright symbol
does not have to be displayed for work to be protected,
although this can be helpful if disputes arise.

(Hertfordshire Grid for Learning

http://www.thegrid.org.uk)
The issue of “Fair use”
“In its most general sense, a fair use is any copying of copyrighted material done
for a limited and "transformative" purpose such as to comment upon, criticize or
parody a copyrighted work. Such uses can be done without permission from the
copyright owner. Another way of putting this is that fair use is a defense against
infringement. If your use qualifies under the definition above, and as defined more
specifically in this section, then your use would not be considered an illegal
infringement.
So what is a "transformative" use? If this definition seems ambiguous or vague, be
aware that millions of dollars in legal fees have been spent attempting to define
what qualifies as a fair use. There are no hard-and-fast rules, only general rules and
varying court decisions. That's because the judges and lawmakers who created the
fair use exception did not want to limit the definition of fair use. They wanted it--
like free speech--to have an expansive meaning that could be open to
interpretation.
Most fair use analysis falls into two categories: commentary and criticism; or
parody.
1. Comment and Criticism
If you are commenting upon or critiquing a copyrighted work--for instance, writing
a book review -- fair use principles allow you to reproduce some of the work to
achieve your purposes. Some examples of commentary and criticism include:
 quoting a few lines from a Bob Dylan song in a music review
 summarizing and quoting from a medical article on prostate cancer in a news
report
 copying a few paragraphs from a news article for use by a teacher or student
in a lesson, or
 copying a portion of a Sports Illustrated magazine article for use in a related
court case.
The underlying rationale of this rule is that the public benefits from your review,
which is enhanced by including some of the copyrighted material…
2. Parody
A parody is a work that ridicules another, usually well-known work, by imitating it
in a comic way. Judges understand that by its nature, parody demands some taking
from the original work being parodied. Unlike other forms of fair use, a fairly
extensive use of the original work is permitted in a parody in order to "conjure up"
the original.”
(Copyright and Fair Use, Stanford University Libraries
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html)
Duration of copyright? (the issue of Public domain)

Equally complex and depends on a particular country (Generally, in the USA at least,
there is a trend toward extending the copyright period)

Definition: A public domain work is a creative work that is not protected by

copyright and which may be freely used by everyone. The reasons that the work
is not protected include:
(1) the term of copyright for the work has expired; (2) the author failed to satisfy
statutory formalities to perfect the copyright or (3) the work is a work of the U.S.
Government.

E.g. in the USA works created after 1/1/1978 only enter the public domain after the
life of the author + 70 years. (Lolly Gasaway, University of North Carolina)

In South Africa:

 Publically funded Commissions of Inquiry

 Legislation

Depending on date of publication:

 Books
 Journals
 Newspapers
 Maps
 Africana

In South Africa, the duration of copyright is the life of the author plus 50
years from the end of the year in which the author dies. (PASA)
Remember:

“generally, only very old works are truly in the public domain” (IMARK Unit 3
Lesson 3)
Some frequently asked questions (relating to copyright in
South Africa)
(Courtesy of the Publishers’ Association of South Africa)

Is there a statute governing copyright?

Yes, the Copyright Act 98 of 1978, as amended, governs copyright.

[Copyright laws have been standardized to some extent through

international conventions such as the Berne Convention and Universal
Copyright Convention. (Wikipedia) ]

Berne Convention signatory countries (in blue).

How long does copyright last?

In every book, journal, periodical or magazine there exist two separate

but interlinked copyrights:

 In the content, the literary work itself. Copyright in the work

usually belongs to the author (unless he or she has assigned it to
the publisher). In South Africa, the duration of copyright is the life
of the author plus 50 years from the end of the year in which the
author dies. When copyright expires, the work falls into the public
domain, and may be freely used and exploited by anyone.
 In the published edition or typographical arrangement on the page.
Copyright in the published edition belongs to the publisher.
 Copyright in the published edition lasts for 50 years from date of
publication. Thus, even when copyright in the literary work has
expired, copyright in the published edition may still subsist.

How do I get copyright in my book?

In South Africa one does not register copyright (apart from

cinematograph films). Copyright arises automatically, as you express
your ideas on the page.

How can I protect my work?

Strictly speaking, you don't have to do anything, as your work is

automatically protected. But if someone copied it, and you challenged
them, you would have to prove in court that you are the owner of
copyright.

If I tell someone my idea for a plot, and they subsequently write a

book, how can I prove the idea was mine?

It is said that there is no copyright in ideas, partly because the law

cannot protect something as ephemeral, and sometimes fleeting, as an
idea. Once the idea has been written down, however, it enjoys copyright
protection.

What is copyright infringement?

Only the copyright owner may do, or authorise the doing, the following
in respect of his or her work: reproduce it in any manner or form;
publish it; perform it in public; broadcast it; transmit it in a diffusion
service; or adapt it. Anyone who performs any of these actions without
permission in respect of the work has infringed copyright.

How, then, might I get my work published, if only I am allowed to

publish it?
By signing a contract with a publisher, you give him or her an exclusive
licence to publish your work. An exclusive licence means that only the
publisher with whom you have contracted may publish your work.

Am I allowed to photocopy part of a book for my own personal and

private use?

Copyright is not infringed by any fair dealing with a literary work for the
purposes of the personal or private use of the work by the person making
the copy. What is 'fair' in any given situation will always depend on the
circumstances of that situation.

Is it correct that as long as I photocopy 10% or less of a published

work, this is permitted?

No, it's not correct. The Copyright Act says nothing about any
percentage. 10% may be 'fair' but then again, it may not, since the test
for fair dealing is qualitative as well as quantitative.

But surely I am allowed to make more than one copy if there is no

commercial gain involved?

The regulations to the Act offer certain concessions for educational

institutions and for non-profit libraries. These include a defined number
of multiple copies strictly for classroom use or discussion, but exclude
compilations.

I want my each of students to copy for themselves an article from a

journal. Can I put a photocopy of the article on the reserve shelf in
my educational institution's library for each student to copy under
'fair dealing'?

No. The copy on the reserve shelf is an infringing copy because it is not
made for the private use or study of the person making it.

How about if I put the journal itself (not a photocopy) on the reserve
shelf and tell my students to copy it for themselves?
Although each student may make a 'fair dealing' copy, 100 students each
making a copy results in 100 copies, whereas fair dealing is intended to
apply in the case of the single copy made by the person using the work.

What, then, must I do if I need to make multiple copies for my

students in excess of what the law allows?

You may only legally make them under licence. A licence for
reprographic reproduction (photocopying) of up to 10% or one chapter
of a book, or one article from a serial publication, may be obtained from
the Dramatic, Artistic and Literary Rights Organisation (DALRO) (Tel:
011 489 5000 or e-mail [email protected] >) or from the publisher
of the work to be copied.

The photocopying of whole books by students as a substitute for buying

them is not a licensable activity. DALRO only licences extracts for
internal use and in instances where the book itself would not have been
bought anyway.

May I download and print out an article from the Internet and
photocopy it for my class of 20 students?

You may print out a copy for your personal or private use but you may
not further reproduce it for students without permission from the rights'
owner. Fair dealing applies in the digital as well as the analogue
environment.

How about newspapers and magazines?

Newspapers and magazines usually administer their own reprographic

reproduction rights. Your first stop should therefore be the publication
itself.

If the book I want to copy from is out of print, surely I can go

ahead?

No. 'Out of print' does not mean 'out of copyright'.

But if the book is out of print and unavailable, the publisher is not
losing any sales by my copying his book.

It is wrong to imagine that publishers and authors exploit a work only

when it is in print, or that sales are the only means of exploiting a work.
Long after the book is out of print it may still generate revenues for its
creators through the sale of, for example, translation rights, film rights
and photocopying rights.

It enters into agreements with authors and publishers whereby it is

mandated to administer this right.

Acknowledgement: Ms Monica Seeber & Dr Owen Dean, © PASA

You can access the PASA website at http://www.publishsa.co.za
http://www.heinemann.co.za/index.php?
option=com_content&task=view&id=12&Itemid=30

Creative Commons
http://creativecommons.org/

There are various positions on the spectrum from conventional

copyright at one extreme to public domain at the other extreme,
with …the Creative Commons license fitting somewhere between
the two extremes. (IE lecture notes)

“Share, Remix, Reuse — Legally

“Creative Commons provides free tools that let authors,
scientists, artists, and educators easily mark their creative work
with the freedoms they want it to carry. You can use CC to change
your copyright terms from "All Rights Reserved" to "Some Rights
Reserved."”
Copyright and the fight against piracy

What is
piracy?

“There are many different terms for it, but unauthorised copying and dissemination
of copyrighted works is theft, pure and simple. Pirates are the enemy of creativity
and all creators.

Piracy is the illegal copying of sound recordings, typically for financial gain. In the
music industry, piracy represents a massive US$4.5 billion illicit enterprise, with
ever-closer links to international organised crime.

Pirates thrive on weak copyright laws as well as on poor law enforcement. In

today's global economy, counterfeiters and other pirates are able to seek out havens
of poor copyright protection and ineffective anti-piracy enforcement. The advent of
the mass-produced CD has changed the face of piracy from a problem largely
confined to local borders to a sophisticated international trade.

Copyright and the Internet

A new era of piracy on the internet poses potentially even greater problems than
the proliferation of CD piracy.

The recording industry is fast entering the age of digital distribution. Technologies
of music delivery are changing radically, bringing tremendous benefits to
producer, distributor and consumer. To secure the same sort of protections in the
on-line world that the music industry enjoys in the analogue world, copyright laws
need updating.

The fundamental principles behind the laws, however, remain unchanged.

Copyright laws must ensure that artists, composers and record producers are
strongly protected from internet piracy. Rights holders also need to be able to use
the technologies of the internet to manage and control the use of their works.”
http://www.ifpi.org/content/section_views/what_is_copyright.html

Something from IMARK:

Why many copyright holders are very reluctant to permit
scanning?
Resultant digital content can quite easily find its way on to various
“unprotected” sites on the Web and could damage sales

Finally
Some myths regarding copyright:
“It’s not a violation if I don’t charge for it.”

“The work has no copyright notice on it so it’s not copyrighted.”

“I gave credit to all authors so it’s free advertising.”

“The author lives in another country so their work isn’t protected here.”

“Copyright doesn’t apply to the internet/ the net is unregulated.”

“If it’s on the web, I can use it.”

“The net is a big place, I won’t get caught.”

(Brad Templeton, 10 Big Myths about Copyright Explained

www.templetons.com/brad/copymyths.html ; Hertfordshire Grid for Learning
http://www.thegrid.org.uk)

Web 2.0 Notes

Web 2.0
(Huge amount on this – at times quite technical; terminology also varies)

Referred to as "the second stage of development of the World Wide Web,

characterized especially by the change from static web pages to dynamic or user-
generated content and the growth of social media." (Google definitions)
Or
"A Web 2.0 site may allow users to interact and collaborate with each other in a
social media dialogue as creators of user-generated content in a virtual community,
in contrast to Web sites where people are limited to the passive viewing of
content." (Web 2.0 Wikipedia http://en.wikipedia.org/wiki/Web_2.0)
Or
“Web 2.0 is the term used to describe a variety of web sites and applications that
allow anyone to create and share online information or material they have created.
A key element of the technology is that it allows people to create, share,
collaborate & communicate.”
 Don’t need to have web design or publishing skills to participate
 Thus easy for people [as in you] to create and publish or communicate their
work [as in digital collection!] to a select group of people or to a wider
audience … the world.
(http://www.unimelb.edu.au/copyright/information/guides/wikisblogsweb2blue.pd
f)
 No costs apart from those associated with having Internet access.

Various types of Web 2.0 applications/tools which we will come to shortly when
discussing Library 2.0