Offered as a collection of useful links and documents. Might be adopted by and maintained by some office at UVa with broad responsibility in this area as part of a more coordinated effort to support faculty members who need help/advice/consultation on copywright issues.
By John Alexander 10/17/03
Copyright as Protection for You (and Your Intellectual Property)
Copyright as Gateway to "Common Knowledge"
Copyright and Capitalism--Anticipations and Disappointments
Copyright and "Due Process"Copyright and Patent--at UVa and elsewhere
Copyright laws in the U.S. have tried to strike a balance between the interests of the creators of intellectual property and the common good. The correct balance should support the maximum amount of creativity and the most free and responsible search for truth and meaning both in the general population and in the academy. In recent years, a number of pressures have changed both the copyright laws and the ways those laws are interpreted. Many analysts conclude these changes have upset both the balance and the desired outcome of the copyright laws(Totenberg). This document gives a brief analysis of this recent history and a specific orientation to the situation here at UVa. This document is directed to faculty at UVa who are considering copyright issues in a project they are engaged in. It also recommends some best practices in the most common types of situations.
"Fair Use" is a phrase that is used to two vital senses in Higher Education. First, it addresses the right of an instructor to make "fair use" of copyrighted material for instructional purposes. The second sense has to do with the broader mission of the University--the pursuit of truth. Individuals may make "fair use" of copyrighted material in order to analyze, critique or respond to the material itself. "Fair Use" may be invoked only when it meets these tests:
Copyright as Protection for You (and Your Intellectual Property)
This is the issue generally seen as most important to the University and generally is the most understood aspect of copyright. Clearly your assurance that your intellectual property is protected is a vital part of the security you need to make it worthwhile to create it. This aspect of copyright is often seen as protecting the critical engine of innovation. (MacWright)
Copyright as Gateway to "Common Knowledge"
At the same time, analysts correctly point out that copyright has historically been limited so that the protected property becomes part of the common archive of material from which other authors and artists may draw. For example, making movies based on works by Shakespeare or Austen are eased because the original is no longer protected by copyright. The original texts, then, can be seen as engines that foster creativity and vitality which complements the engine of individual creativity discussed above. (Foster)
Copyright and Capitalism--Anticipations and Disappointments
Much of the current debate about copyright focuses on the imagined profits from works. Even course materials themselves have been seen as potentially profitable when used for distance education courses. To date, there have been almost no big profits made from such materials. Several analyses of the potential profits to be made in this area have found that the potential profits are so unlikely as to make the pursuit of them futile. Their strong recommendation for Higher Educational institutions is to cede the materials and copyright protection to their authors. (Twigg)
The speed of the Internet and the lure of profits from an expanded market have changed the impact of "due process." It used to be that an individual had the protection of defending his/her "fair use" of copyrighted material with "due process." Now, a number of analysts assert that commercial interested can dictate that copyrighted material must be removed from websites and print sources or risk massive legal fines and procedures. The hasty way that these decisions are imposed cause some to think that "due process" is weakened. (Vaidhyanathan)
Copyright and Patent--at UVa and elsewhere
Copyright and Patent law is closely related. Software, for example, can be protected under either copyright or patent. One simple distinction is that you can assert your copyright protection simply by stating it in your document, whereas patent protection requires filing with the Patent Office etc. The practical steps are set out in the Recommended Procedures below. (MacWright)UVa has recently reasserted its stance that copyright/creator is held by the originator and that UVa makes no claim. With Patent policy, UVa is similarly generous and liberal, but with one exception. UVa asserts itself as the holder of the Patent, but distributes a sizable portion of the patent earnings to the originator/inventor.
Copyright your own work.
©2002 Your NameUniversity of VirginiaALL RIGHTS RESERVED
For greater protection, forms and guidelines can be found at:http://www.loc.gov/copyright
Foster, Andrea L. "A Bookworm's Battle; Eric Eldred, inspired by the Internet, takes a copyright case to the Supreme Court." Chronicle of Higher Education. 10/25/02.MacWright, Robert s. Ph.D. "Intellectual Property Issues in Distributed Learning." Presented at TTI Fellows meeting, UVa, 11/19/02.Twigg, Carol. "Who Owns Online Courses and Course Materials? Intellectual Property Policies for a New Learning Environment." Pew Learning & Technology Program.Totenberg, Nina. Profile: Copyright Laws. All Things Considered. 10/09/02. Available at: http://npr.orgVaidhyanathan, Siva. "Copyright as Cudgel." Chronicle of Higher Education. 08/02/02.
UVa Copyright PolicyUVa Copyright ProceduresU.S. Copyright Office's FAQGeneral Copyright Information:-U of Texas "crash course"-Benedict.comCopyright permissions
This page is not a definitive legal guide to copyright. It is meant as a simple starting point for the simplest and most straightforward projects. If you have questions, it is your responsibility to ask for help and guidance. You should begin by contacting either:Dave Hudson, Associate Vice Provost for Research--mailto: djh2t@virginia.eduor Rick Kast, Associate General Counsel --mailto:rck4p@virginia.edu
Feedback--mailto: john@virginia.edu
Contact information for me:
Phone: 243-6619
Email: john@virginia.edu
Web: http://faculty.virginia.edu/jalexander