Intellectual Property

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What is Copyright?

一道本不卡免费高清Copyright is the affirmation of the rights of authors, inventors, creators, et cetera of original works. It is intended to promote authorship, invention, and creation by securing certain rights. The basis for modern copyright law () is found in the U.S. Constitution ():

" promote the Progress of Science and useful Arts, by securing for a limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

一道本不卡免费高清The exclusive rights of the creators of original works include copying, distribution, displaying and performing. Creations that can be copyright protected include (but are not limited to): books, plays, journals, music, motion pictures, photographs, paintings, sculptures, digital files, sound recordings, computer programs, websites, dance choreography, architecture, and vessel hull designs. The copyright on creations also extends to the copying, distribution, displaying, and performance of derivative works. Copyright also covers unpublished works.

Where does this leave educators, students, and researchers? Read on.

What is Fair Use?

Copyright not only protects creators and their creations, it also legally establishes the defensible position of the public to access and use copyright-protected works for educational and research purposes.

In Section 107 of Chapter 1 of Title 17 of the United States Code, fair use is explained as a limitation to the exclusive rights of copyright holders. The section reads:

[...] the fair use of a copyrighted work [...] for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
一道本不卡免费高清(4) the effect of the use upon the potential market for or value of the copyrighted work.

The four factors seem ambiguous because they are meant be guidelines and not firm restrictions. The determination of fair use vs. copyright infringement is often made on a case-by-case basis. Often, questions help the four factors make more sense:

  1. The purpose and character of the use.一道本不卡免费高清 Is this for educational or research purposes (More Fair)? Or is it for commercial or for-profit purposes (Less Fair)?

  2. The nature of the copyrighted work. Is this work factual and published, like a journal article (More Fair)? Or is it a creative or artistic work, like a novel or an artwork (Less Fair)?

  3. The amount and substantiality used. Will only a small portion be used (More Fair)? Or will a large portion, all of it, or the most important part of large work be used (Less Fair)?

  4. The effect of the use upon the potential market for or value of the copyrighted work. Will this not reduce sales or make the work more widely available than it already is (More Fair)? Or will using the work stop others from purchasing the entire work or make the important parts available to many for free (Less Fair)?

一道本不卡免费高清A helpful resource for understanding the four factors better is Using the Four Factor Fair Use Test (UT Austin).

一道本不卡免费高清The Copyright and Fair Use information above is from . Please visit for more information and frequently asked questions on copyright, fair use, and the library.

Intellectual Property in the University community

Read the Jacksonville University Intellectual Property Policy

The United States Government has protected materials considered Intellectual Property since its inception. There are three practical reasons for this:

  1. To protect the ideas of creative people so that they are motivated to keep creating. That motivation usually comes in receiving financial benefits for the creator.

  2. To make sure the country has citizens that promote the highest degree of excellence in scientific and artistic endeavors.

  3. To encourage people to purchase innovative, and eventually improved, versions of those creative items as it benefits the national economy.

It was deemed that in 1999 that materials that were placed on an online course was considered to substitute for materials that would be presented in class, and that copyright remains with the professor. The TEACH (Technology Education and Copyright Harmonization) Act was established as part of a series of amendments to the Digital Millennium Copyright Act of 1998 to ensure this point. According to Audrey Latourette, "The TEACH Act, in essence, applies the teacher exemption and fair use defense to online education, but only to the extent that online delivery is a comparable replacement for the type of, and amount of, performance or display of materials that occurs in the classroom and that transmission be limited to students enrolled in the course,” though she does go on to comment that material under copyright (photographs, music and video clips) could be infringed upon easily simply because so many could have access to the material.

The University of California system has a succinct list that is helpful in summarizing the TEACH act, where it states to be compliant, course materials can be utilized by instructors in the following ways:

  1. Display (showing of a copy) of any work in an amount analogous to a physical classroom setting.

  2. Performance of nondramatic literary works.

  3. Performance of nondramatic musical works.

  4. Performance of "reasonable and limited" portions of other types of work (other than nondramatic literary or musical work) EXCEPT digital educational works.

  5. 一道本不卡免费高清Distance-education students may receive transmissions at any location.

  6. 一道本不卡免费高清Retention of content and distant student access for the length of a "class session."

  7. 一道本不卡免费高清Copying and storage for a limited time or necessary for digital transmission to students.

  8. Digitization of portions of analog works if no digital version is available or if digital version is not in an accessible form.

一道本不卡免费高清One particularly notable point in this list is with item 4. Note that dramatic works, such as a commercial film, fits into this category. This means that you cannot put a complete film online for student viewing UNLESS it is a film created for educational intent. Thus, showing a film from a series on American history with funding from the National Endowment for the Arts would likely fit in this category, but a showing of the commercial film Amadeus would not.

In the case Vanderhurst v. Colorado Mountain College District, 16 F. Supp. 2d 1297 (D.Colo. 1998), a veterinary professor designed a course outline that he was teaching. Though the professor claimed to be the owner of the course design, and not only did he want to be able to use it in the future, he wanted to prevent the university from using it. The court decided to rule in favor of the university, as it was in the professor’s duties as a faculty member to develop the course.

When many people think about copyright, they are too busy consumed with how one person can be taken advantaged of, so that someone else can claim credit for an original idea. But I have found through my experience in the music industry to think in terms of financial benefit first, and the whole idea of copyright becomes clearer.

How does the Jacksonville University Intellectual Property Policy apply to me?

  • Audrey W. Latourette, (2006), 32 J.C. & U.L. 613 at 624
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    一道本不卡免费高清Why do students plagiarize? Exploring what students are thinking when they copy work belonging to others, this session shares insights gained from listening to students’ voices and delving into their behaviors and motivations.

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