Copying a whole chapter of a book and distributing to a class might be an infringment and not a fair use. There is a market for the book and there are revenues provided to the publisher if it is included in a coursepack, so copying and providing for free is likely to negatively affect the market.

You mean to say that each student has to buy his/her own copy. :O
I mean are you supporting the theory that education has to be sold

General Issues/topics of conversation:

1. need a means to provide easy posting of materials for students
2. need a means to facilitate determination for fair use in the online course environment and how instructors can post material; where is the line drawn for instructors in their academic freedom?
3. a significant concern exists for posting full-length or portions of videos in online courses; is it ok if the library, or departments, or individual faculty members own the material to use for instruction in perpetuity?
4. when does contributory or vicarious liability come into play when staff are asked by faculty to post material online without persmissions; is it the responsibility of the staff to refuse to honor the request?
5. there are methods and techniques to post or access material legitimately online, such as incorporating commentary as instructional activity.
6. what alternatives are there to use or access materials online, such as through e-packs, similar to the physical coursepack; how much money should students be required to pay for access to e-pack materials?
7. should there be an institutional resource such as a central copyright office to handle all permission requests and fees?
8. what alternative resources are there?
9. need guidelines for posting materials for fair use or according to the TEACH Act; where do faculty get support?
10. what technologies can we look forward to such as iTunes University to post lectures and potentially copyrighted materials?

The "Library Resources" group discussed:

Providing easy access for students to resources: PDF copies behind password protected websites; resources in Blackboard.

Using an article on reserve more than once
• Permissions through Clean Copy
• Link to articles that are already licensed

Clear Instructions for faculty needed to help them navigate these issues. Copyright Working Group is working on a step-by-step guide.

Librarians and copyright: what issues do librarians face?

Reducing costs for students. The library doesn’t try to provide access to textbooks.

Why can’t students access multiple libraries’ resources? Students have sets of different resources depending on which institution they are enrolled in. Libraries contract with publishers and vendors separately. Students can usually use resources of another institution while physically in that library.

Instructors posting materials on Blackboard. Linking to resources is best. Clean Copy can get permissions, charging back to the department.

Most common frustrations of faculty: time spent navigating the complex contractual and legal landscape behind using library resources.

Is practice, i.e. the actual information environment, diverging from law, or are they coming together? Generally, diverging.

Georgia State case. Sage, Cambridge, and Oxford presses suing Georgia State over e-reserves and BlackBoard content.

Copyright law provides protection for criticism, satire, critique, etc.

Use of photographs from internet for in-class use does raise a potential copyright issue, although fair use defense might apply. Need to do the analysis; consider the factors. Probably not affecting the market; so likely a fair use, depending on the facts. Although, there may be additional restrictions imposed by a contract that a computer user implicitly or explicitly agrees to. "Click through" agreements more enforeable than restrictions that purport to apply merely as a result of using the website.

Numerical data (purely factual) does not have requisite expressive content to be copyrighted. Although how it is described, interpreted, etc. might be copyrightable. But you should look for additional restrictions that are imposed somehow by contract as a result of accessing the data.

Suppose a book is not still in print and difficult to find, but still subject to copyright protection. Can I borrow it from library, copy it and return it and then use the copy for research-related purposes? Copying is a copyright violation, but would fair use defense apply? Very possibly not fair use. You have other options: seek permission from publisher, seek an extended loan from library, etc. Those options might argue against applicability of the fair use defense. But if a good faith determination that fair use would apply was made in advance, then the innocent infringer defense would likely limit the copyright holder's damages to actual damages (which would likely be minimal), rather than statutory damages.

In doing fair use analysis, if what you are doing is not affecting the market for the copyrighted work., then that is a significant factor supporting applicablilty of the fair use defense.

Copying a whole chapter of a book and distributing to a class might be an infringment and not a fair use. There is a market for the book and there are revenues provided to the publisher if it is included in a coursepack, so copying and providing for free is likely to negatively affect the market.

The PSU Bookstore and Clean Copy will clear copyrights to include materials in coursepacks.

Suppose I tape a TV show and show it in my class. Is that OK? You can tape a TV show for personal viewing later (S.Ct. Sony case), but this is for purpose of showing to a class. So, TEACH Act might not help. If you purchased the DVD and showed it in face-to-face teaching, then TEACH Act more likely to apply.

Courts not likely to be extremely rigid as to what is a "classroom".

Whether a person is an employee of the University (or perhaps acting at the behest of an employee of the University in a teaching role) might come into play when analyzing TEACH Act or face-to-face teaching provisions of copyright law.

Sec. 101 of Copyright Act defines "public display". You can show a copy of a movie in your living room to family and friends ("social acquaintances"). But if you open it to public and advertise, then that is likely "public display." How about showing in a dorm? When do you cross the line from private display to public display? University might have (or obtain) a license.

Does putting something on the web mean it is in the public domain? No. "Public domain" means something is no longer protected either because the term has expired or because the copyright owner failed to comply with legal requirements and forfeited the copyright. By putting a work on the internet, the copyright holder has publishes it and provides permission to use it in certain ways. But putting in on the internet, the copyright owner is not putting it into public domain.

It is OK to direct students to particular URLs so that students can access copyrighted works that are found there.

Can you pull up a website in a classroom and project it on to the screen? Probably yes. Students could do that individually, so doing it in the classroom probably OK. Also, face-to-face teaching exception and fair use defense likely to help.

PSU Copyright Work Group webpage has a checklist to facilitate fair use analysis. It would be helpful to use the checklist when doing the analysis, and could provide protection later if challenged to show that a good faith analysis of fair use factors was undertaken.

As public employees, faculty and staff are provided with a defense and indemnification by the state for claims brought against the employee that arise in the course and scope of employment, except in cases of malfeasance or wilful or wanton misconduct. In cases of malfeasance or willful or wanton misconduct (such as gross disregard for the law), the employee would not be defended or indemnified.

Publishers ask author to turn over copyrights.
Author may not have right to use own work in class or on web site without requesting permission from publisher.
Most restrictive copyright may not be the most prestigious publishers.
May be able to negotiate rights.
If trying to earn tenure, do not feel can push the system.
Publisher issues:
Need to be sure rights not owned elsewhere.
Need to cover costs.
Do not want author to be able to later remove work from journal and destroy journal archive.
Can attach "Author Rights" booklet to revised copyright permission form as part of agreement.
Can specify that want to use own work in furture works, in class, web site.
More complex when publishers purchase journal.
Andrew Black has self published textbook, set own price, sells on web. Have copyright and all derived rights. Pdf available for free in Internet, but cheap enough that easier to buy than copy off Internet.
New editions destroy used book market.
Professional associations have turned journals over to for-profit presses which have profit for shareholders as primary motivation, not distribution of scholarly information.
Online form may not be same as print form.
Search capability is real value added to publication.
Pay to publish model.
Some say author can give copyright or pay a fee. Similar to paying registration for conference to give paper. (A lot of speakers will pay registration to have paper in proceedings but not show to present. - New problem.)
More... Listen to Andrew Black in afternoon faculty panel.
Some associations have taken journals from for-profit to not-for-profit publishers.

This breakout group discussed the following issues:

- Continuing Education Press at the table. Very difficult to make electronic publications and stop people from copying and using the content. We don't seem to have anything on campus that will allow us to store, share, etc., books with others in an e-commerce, digital rights management. Maybe an arrangement could be made with Netlibrary?

- Open access business models? Do only the rich get to publish? Do only certain people get access to this material if they can buy it?

- Public Library of Science, PLOS.org - Well known open-access publisher, author or institution pays for publication, peer reviewed. This is an example of an open access business model.

- Look at Right to Research - Customer paying per view - what about this as a possibility?

- Talked about the PSU Institutional Repository Needs Assessment Task Force that is looking at whether we should start an IR here on campus. Survey of faculty is complete and report on results will be released soon.

- Grey lit described - Library has tried to collect this material and distribute it through the Catalog - See form for submittal: http://library.pdx.edu/forms.html

- Open source industry - Talked about how participants' motivation is recognition; same could be true for Open Access, e.g. citations vs. profit.

- What about quality in such a model - trademark and credibility are at stake? Most open access journals are peer-reviewed.

- Textbooks - copyright fees for all the material in them, life of a textbook, is there a way to have the digital copy expire reliably? New way for future will probably be a subscription model of some sort. Talked about Westlaw as an example.

- Digital Promise - governmental investiment in educational technology and the Digital Investiment trust.

- Talked about the balance that was intended in the copyright laws.

- Talked about need to have e-materials for accommodation for people who can't read printed materials? Not there in law. For example: Continuing ed book--- if the student bought copy, then she could then make a copy for personal use. Then once the file is created, Press gets a copy of the digital version and then can give to another student who would buy the book and have the same need. Publisher always consult with authors. Authors' contract now though has all known formats in it.

SHERPA - Romeo database - Put in journal title and it will return the publisher and the licensing restrictions that are in place, e.g. can you post a preprint? http://www.sherpa.ac.uk/romeo.php

Talked about how content is being used in a variety of ways without any problem --- on blogs with no consequences. In some ways, publishers like the NY times would allow this because it's free advertising and it raises the level of citations. maybe if people will get comfortable over time, the models will change accordingily.

Project Gutenberg? Public Domain.

General comments/issues

1. I am a parent - what can I do to help/protect/teach my child as he goes off to college?
possible answer - buy him an iTunes gift card, get him use to using these kinds of services

2. Hillsboro Police Department teaches education program on computer ethics to 4th and 5th grade students

3. As a faculty member, I struggle with values education around the use of these technologies.

4. The only digital native at the table said she has never bought cd's. She uses Napster where she has more choice of price points, greater variety of music (better than iTunes)

5. Consider public broadcasting model - reasonable price

6. How can we really know how much music is being stolen? Every free download would not necessarily translate into a purchase. In other words, just because I downloaded it, doesn't mean I would buy it. Need ability to try before buy it. This is a short coming on iTunes. Pandora.com provides this ability.

7. Legislators need to consider outlawing peer to peer software that does not allow the user to block the uploading of files

8. The technology has replaced the need for the existing music publishing business model - no longer need major label to put cd's in stores. Anyone can publish on internet and reach wide audience. Whole power struggle has changed.

9. Even digital natives don't want to read digital books.

10. Folks at the table generally liked the idea of an ASCAP subscription model

11. Digital immigrants don't want to use things online, they feel the need to download, print, etc...it might not exist online tommorrow...

12. what is the distinction between legal/illegal and what is ethically right/wrong?

13. how is downloading music any different than reading the Oregonian online instead of buying the physical paper?

Attendees: Marie Dubord, Marie Lewandoski, Randy, Michaela Brenner, Rachel Solomon, Allen Nguyen, Molly Blaylock-Coral, Jeffery Wright, Barbara Sestak and Patrice

Questions:
1. What do you do when you try to get permission but you don't get a response from the publisher/copyright holder? Our the copyright holder/publisher no longer exists? Or the book/film is out of print, so you can't buy a copy?
2. Can films/videos available in the library be shown in the classroom? - According to Molly, yes. But, what if it is streamed for digital learning? Answer is unclear...According to Randy, segments of films can be streamed for quizes/tests.
3. How much of recorded classes can be re-broadcast? Only segments without visual media?
4. Can student groups show rented videos (in other words, films for which royalties have not been paid) during group meetings as social events? Educational events?
5. Legality of copying 16mm film to dvd? In addition, does it matter if you're copying 16mm film to dvd for instructional purposes only? Does the answer vary depending upon who owns the copy (i.e., library versus individual)?
6. With distance learning and recorded classroom footage, when does a class begin and end? This is relevant for meeting the face-to-face instructional definition.
7. What about having the university charge students a user fee to watch recorded classroom footage, and that fee would pay for a license to view the visual media? (Parallel to paying $15/month for unlimited mp3 downloads) Better yet, have the university pay a viewing fee to cover all media downloaded/used in the same fashion that performers pay the script writer to perform their script.
8. When someone posts a video on YouTube, that they themselves made, and then you send someone to view it or show it in a classroom, are you violating copyright law? Marie thinks no because if you send the link to the site, you're not copying the material, and showing something face-to-face in the classroom is a legal exception to the law.
9. Who owns course materials that the instructor creates? According to Randy and Barbara, the answer depends on whether or not the instructor received money to develop the course.