Thursday, September 23, 2010

Copyright and Creative Commons








Jason Hardin
Manager of Access Services



Circulation Boss

Responsibilities- In charge of the Reserves

Make a lot of reproduction-Xerox and Digital scans

Copyright-government recognized ownership of some kind of intellectual property; having the right to control distribution and ultimately profit from it.

Difference of copyright violations and plagiarism

Copyright violations-crime
Plagiarism-Academic “sin”


U.S. Copyright Law Dates from 1790
Mentioned in the Constitution directly
This was important in the minds of the framers

Creates a more innovative society; encourages creators with incentive.

To promote the development of useful arts and sciences.

It becomes copyrighted once it is published.
Once something is set in a fixed tangible medium, it is protected under U.S. federal copyright.

The term of copyright for U.S. published works is now author’s life+70 years.

Mickey Mouse Sonny Bono Act extended from 50 years after author’s death to 70 years.

Trademarks (symbols) and patents are different than copyright (ideas, creative works).

In practice, copyright comes down to an economic model. Works for the public as much as it works for a corporation.

It is a felony to commit a copyright infringement involving more than 10 copies and a value of more than $2500.

Diane Graves-campus copyright officer
Take down notice-stop doing what you are doing; have very good hackers and detectors (record date, time, and IP address) ask for names (sepenas), and the University has to give them their names and tell them cease and desist.


Recording Industry Assn. of America
Motion Picture Association of America
Entertainment Software Association

The Higher Education Opportunity Act (2008) obliges colleges and universities that host computer networks to provide “alternatives to illegal downloading”



The HEOA has three key provisions that affect colleges and universities:

  1. Must make an annual disclosure to students Re: Copyright and campus policies;
  2. Must develop a plan to combat unauthorized file-sharing, to include the use of  “technology-based deterrents”
  3. Must implement a system to provide alternatives to illegal downloading



The Special Case of Education: Fair Use

Positive defense against infringement; justification

Four factors to consider whether or not it is Fair Use
  1. Purpose of the reproduction- Why are you actually reproducing this work?
  2. Nature of the work that you are copying (entertainment is a commodity) Economic issue.
  3. The amount that you are reproducing
  4. The effect that your work has on the right’s holder


Fair use continues to protect you once you are outside of the university.

Derivative work: taking characters already created and altering the environment.

Parody is protected: it is a form of critique.

Any and all educational use is not always “fair use”

Creative commons-Creates more of an open culture








We learned that derivative work is taking characters already created and altering the environment of which they are typically found in. I think this is a creative approach that builds on someone else's creativity, however, I think the person who originally created the characters deserves some type of credit for the derivative work as well.









Creative Commons License
Copyright and Creative Commons by Laura Husband is licensed under a Creative Commons Attribution-NonCommercial 3.0 United States License.

2 comments:

  1. I really like your use of color, it really makes your point stand out! Also, your post is very organized, which makes it easy to follow and understand

    ReplyDelete
  2. this is a very informative post :)
    maybe I should add some color to my post too!

    ReplyDelete