WEBVTT 1 00:00:06.839 --> 00:00:12.130 A:middle L:90% Okay, good evening. Kind of late, isn't 2 00:00:12.130 --> 00:00:14.160 A:middle L:90% it? I get the feeling everybody's a little tired 3 00:00:14.839 --> 00:00:18.769 A:middle L:90% . Maybe copyright issues have a threat of getting suitable 4 00:00:18.780 --> 00:00:21.059 A:middle L:90% live in a suburb. It um, I am 5 00:00:21.059 --> 00:00:23.750 A:middle L:90% the director of the Digital Library Archives and I'm not 6 00:00:23.750 --> 00:00:25.789 A:middle L:90% a lawyer. The reason I am here and I 7 00:00:25.789 --> 00:00:28.949 A:middle L:90% talk about copyright issues is because of the activities that 8 00:00:28.949 --> 00:00:31.120 A:middle L:90% go on in my department. We've been um, 9 00:00:31.120 --> 00:00:34.750 A:middle L:90% involved with thesis and dissertations since um, since they 10 00:00:34.750 --> 00:00:38.990 A:middle L:90% were gleaming, the director of the graduates centers. 11 00:00:38.990 --> 00:00:42.270 A:middle L:90% I um, but we also have been putting journals 12 00:00:42.270 --> 00:00:45.649 A:middle L:90% online for faculty members since the late eighties. We 13 00:00:45.659 --> 00:00:48.670 A:middle L:90% um, we put newspapers online for the roanoke times 14 00:00:48.670 --> 00:00:51.659 A:middle L:90% in the Virginia Pilot and even the WDBJ seven news 15 00:00:51.670 --> 00:00:54.579 A:middle L:90% back in the nineties before they, before they had 16 00:00:54.579 --> 00:00:57.250 A:middle L:90% their own websites before they thought ah, we can 17 00:00:57.250 --> 00:01:00.750 A:middle L:90% charge you for each article instead of the whole newspaper 18 00:01:00.039 --> 00:01:03.270 A:middle L:90% . So we were putting it online before those things 19 00:01:03.270 --> 00:01:06.099 A:middle L:90% came along. There's also Virginia Tech image base, 20 00:01:06.109 --> 00:01:11.010 A:middle L:90% about 70 or 80,000, images there on a variety 21 00:01:11.010 --> 00:01:14.609 A:middle L:90% of topics. So you can see we've dealt with 22 00:01:14.609 --> 00:01:15.760 A:middle L:90% images. We've dealt with journals, we've been dealing 23 00:01:15.760 --> 00:01:17.799 A:middle L:90% with E. T. D. S. So 24 00:01:17.799 --> 00:01:19.019 A:middle L:90% we have um we have gained quite a bit of 25 00:01:19.019 --> 00:01:23.340 A:middle L:90% copyright experience through um through this work that we've done 26 00:01:23.349 --> 00:01:27.150 A:middle L:90% . And so we created um this particular website. 27 00:01:27.939 --> 00:01:32.859 A:middle L:90% Four authors, but also for instructors. But tonight 28 00:01:32.859 --> 00:01:34.500 A:middle L:90% , since I assume most of you are here because 29 00:01:34.500 --> 00:01:34.730 A:middle L:90% you're working on your E. T. D. 30 00:01:34.730 --> 00:01:37.420 A:middle L:90% S or you're thinking about working on your E. 31 00:01:37.420 --> 00:01:38.349 A:middle L:90% T. D. S. I'll address those issues 32 00:01:38.349 --> 00:01:41.680 A:middle L:90% . But if you have other kinds of copyright questions 33 00:01:41.689 --> 00:01:44.420 A:middle L:90% , just let me know. Don't hesitate to ask 34 00:01:44.430 --> 00:01:46.349 A:middle L:90% . Um the one thing I'd like you to take 35 00:01:46.349 --> 00:01:48.439 A:middle L:90% away from this evening is this U. R. 36 00:01:48.439 --> 00:01:51.459 A:middle L:90% L. Scholar dot live dot bt dot edu slash 37 00:01:51.459 --> 00:01:53.060 A:middle L:90% copyright. Maybe you don't need it now. Maybe 38 00:01:53.060 --> 00:01:55.810 A:middle L:90% you don't have any questions now. But when you 39 00:01:55.810 --> 00:01:57.200 A:middle L:90% do, we hope that we have the answers for 40 00:01:57.200 --> 00:01:59.959 A:middle L:90% you here. There are lots of good links, 41 00:01:59.959 --> 00:02:01.760 A:middle L:90% lots of good information, resources for you there. 42 00:02:01.769 --> 00:02:04.989 A:middle L:90% If you picked up the flyers of the handouts that 43 00:02:04.989 --> 00:02:06.609 A:middle L:90% are at the back of the room, you've got 44 00:02:06.609 --> 00:02:08.030 A:middle L:90% my name, my email address and my phone number 45 00:02:08.030 --> 00:02:10.939 A:middle L:90% . Don't hesitate to contact me. I'm just across 46 00:02:10.939 --> 00:02:14.280 A:middle L:90% the plaza in the library. I'm on a floor 47 00:02:14.289 --> 00:02:15.969 A:middle L:90% not the floor at the coffee shop but the floor 48 00:02:15.969 --> 00:02:17.750 A:middle L:90% with the reference in the circulation desk. My office 49 00:02:17.750 --> 00:02:21.460 A:middle L:90% is there and you're free to stop by any time 50 00:02:22.139 --> 00:02:24.810 A:middle L:90% . But I'm gonna try and cut and cover the 51 00:02:24.810 --> 00:02:28.849 A:middle L:90% issues that I think that you'll have today. We 52 00:02:28.860 --> 00:02:30.879 A:middle L:90% want to come um cover copyright from from really two 53 00:02:30.879 --> 00:02:34.939 A:middle L:90% points of view. Your copyright holders. So you 54 00:02:34.939 --> 00:02:37.789 A:middle L:90% have some rights, but you also use other people's 55 00:02:37.789 --> 00:02:39.479 A:middle L:90% materials. So you have some responsibilities when you do 56 00:02:39.479 --> 00:02:43.090 A:middle L:90% that. So we're gonna talk about your rights which 57 00:02:43.090 --> 00:02:46.669 A:middle L:90% is sexual one no two of the um title 17 58 00:02:46.669 --> 00:02:49.110 A:middle L:90% of the U. S. Code. Um Rather 59 00:02:49.120 --> 00:02:51.240 A:middle L:90% one oh six. Is that we're gonna talk about 60 00:02:51.240 --> 00:02:53.270 A:middle L:90% some exceptions to fair um to copyright law such as 61 00:02:53.270 --> 00:02:55.379 A:middle L:90% fair use. And I just like to run over 62 00:02:55.379 --> 00:02:58.509 A:middle L:90% some of the library services that we have so that 63 00:02:58.509 --> 00:03:00.969 A:middle L:90% you have a sense of of why libraries can do 64 00:03:00.969 --> 00:03:02.360 A:middle L:90% things that individuals can't do. Why we can make 65 00:03:02.360 --> 00:03:06.620 A:middle L:90% copies and distribute them or we can have reserve services 66 00:03:06.620 --> 00:03:08.930 A:middle L:90% and inter library loan services. It's because the library 67 00:03:08.939 --> 00:03:13.719 A:middle L:90% is specifically covered in copyright law to do that. 68 00:03:13.729 --> 00:03:15.990 A:middle L:90% Um We're going to cover some of these myths about 69 00:03:15.990 --> 00:03:21.050 A:middle L:90% copyright as well. So let's just get started. 70 00:03:22.039 --> 00:03:24.020 A:middle L:90% You all are copyright holders right now, if you've 71 00:03:24.020 --> 00:03:28.120 A:middle L:90% taken some notes, you are a copyright holder, 72 00:03:28.129 --> 00:03:30.490 A:middle L:90% you've been interpreting my what I've said, you've written 73 00:03:30.490 --> 00:03:32.789 A:middle L:90% it down, it's your original thought. You don't 74 00:03:32.789 --> 00:03:35.629 A:middle L:90% have to sign a form. You don't have to 75 00:03:35.629 --> 00:03:37.979 A:middle L:90% register, you don't have to tell anybody. You 76 00:03:37.979 --> 00:03:39.169 A:middle L:90% don't have to pay any money. You are a 77 00:03:39.169 --> 00:03:43.680 A:middle L:90% copyright holder just by fixing your thoughts in a medium 78 00:03:43.680 --> 00:03:45.659 A:middle L:90% . Whether it's on paper, whether it's on a 79 00:03:45.659 --> 00:03:47.039 A:middle L:90% canvas, whether it's on a laptop, you are 80 00:03:47.039 --> 00:03:50.990 A:middle L:90% a copyright holder. And as the copyright holder, 81 00:03:51.139 --> 00:03:53.939 A:middle L:90% you have these five rights. You are supposed to 82 00:03:53.939 --> 00:03:57.479 A:middle L:90% get to decide how it's reproduced or modified, distributed 83 00:03:57.520 --> 00:04:01.879 A:middle L:90% , displayed or performed. Except there are always exceptions 84 00:04:01.879 --> 00:04:05.699 A:middle L:90% , aren't there? One of those exceptions is if 85 00:04:05.699 --> 00:04:10.750 A:middle L:90% you give your rights away, if you you assign 86 00:04:10.750 --> 00:04:13.680 A:middle L:90% your rights to someone else and I always um like 87 00:04:13.680 --> 00:04:16.170 A:middle L:90% to caution you not to ever ever ever ever do 88 00:04:16.170 --> 00:04:18.930 A:middle L:90% that. I know many of you may be working 89 00:04:18.930 --> 00:04:21.240 A:middle L:90% on your doctorates and you think that the only way 90 00:04:21.240 --> 00:04:24.310 A:middle L:90% to get your article published or to get your book 91 00:04:24.310 --> 00:04:27.790 A:middle L:90% published is to sign away your rights because that's the 92 00:04:27.790 --> 00:04:29.970 A:middle L:90% form that the publisher is going to send you, 93 00:04:29.970 --> 00:04:31.250 A:middle L:90% they're going to send you a thank you for writing 94 00:04:31.250 --> 00:04:33.370 A:middle L:90% this terrific article. Yes. You want to publish 95 00:04:33.370 --> 00:04:36.290 A:middle L:90% it. Just give us all your rights and You're 96 00:04:36.290 --> 00:04:39.420 A:middle L:90% good to go. But you don't have to give 97 00:04:39.430 --> 00:04:42.180 A:middle L:90% them your rights. You can share your copyright with 98 00:04:42.180 --> 00:04:44.149 A:middle L:90% them, you can allow them to do everything that 99 00:04:44.149 --> 00:04:46.439 A:middle L:90% they want to do. Like have the right to 100 00:04:46.449 --> 00:04:48.980 A:middle L:90% you know, reformat it, to put it in 101 00:04:48.980 --> 00:04:51.420 A:middle L:90% a digital medium. If you submit it in paper 102 00:04:51.430 --> 00:04:56.790 A:middle L:90% um to make it available in a particular database or 103 00:04:56.790 --> 00:04:59.800 A:middle L:90% 10 databases, you can give them the rights to 104 00:04:59.800 --> 00:05:01.579 A:middle L:90% do that without giving away your own rights. Because 105 00:05:01.579 --> 00:05:05.439 A:middle L:90% if you give away your rights, you may not 106 00:05:05.439 --> 00:05:08.860 A:middle L:90% be able to put that chapter in your dissertation. 107 00:05:08.860 --> 00:05:10.839 A:middle L:90% If you decide to do a manuscript style and you 108 00:05:10.839 --> 00:05:14.069 A:middle L:90% have you published an article and you get it published 109 00:05:14.079 --> 00:05:15.509 A:middle L:90% before you've submitted your dissertation and then you want to 110 00:05:15.509 --> 00:05:18.350 A:middle L:90% include that in your dissertation. If you signed away 111 00:05:18.350 --> 00:05:21.550 A:middle L:90% your rights to that publisher, the publisher doesn't have 112 00:05:21.550 --> 00:05:25.500 A:middle L:90% to give them back to you. If you sign 113 00:05:25.500 --> 00:05:29.500 A:middle L:90% away your rights, you have given away the right 114 00:05:29.509 --> 00:05:31.610 A:middle L:90% to use that material, it's no longer yours. 115 00:05:31.620 --> 00:05:34.290 A:middle L:90% So share your rights with the publisher. Rather than 116 00:05:34.290 --> 00:05:38.480 A:middle L:90% giving them away, maybe you're going to become a 117 00:05:38.480 --> 00:05:41.269 A:middle L:90% teacher, you're going to have a syllabus, You 118 00:05:41.269 --> 00:05:43.290 A:middle L:90% did some pretty good work. You want your students 119 00:05:43.290 --> 00:05:44.860 A:middle L:90% to read that work, you want to give them 120 00:05:44.860 --> 00:05:46.180 A:middle L:90% copies or you want to link them to your copy 121 00:05:46.180 --> 00:05:47.870 A:middle L:90% of it. Or maybe you want to link a 122 00:05:47.870 --> 00:05:50.339 A:middle L:90% copy to your resume or your vita online when you're 123 00:05:50.339 --> 00:05:53.779 A:middle L:90% applying for a job, you can't do that. 124 00:05:53.779 --> 00:05:55.850 A:middle L:90% If you don't own the rights, you would have 125 00:05:55.850 --> 00:05:59.410 A:middle L:90% to link to the publishers database and maybe that publishers 126 00:05:59.410 --> 00:06:01.480 A:middle L:90% databases hidden behind a firewall. Or maybe it's only 127 00:06:01.480 --> 00:06:04.350 A:middle L:90% available to certain libraries that have that could afford to 128 00:06:04.350 --> 00:06:08.720 A:middle L:90% subscribe to that database. So I really caution you 129 00:06:08.730 --> 00:06:10.279 A:middle L:90% , we'll talk more about this later. But think 130 00:06:10.279 --> 00:06:12.680 A:middle L:90% about it before you sign away your rights now. 131 00:06:12.680 --> 00:06:15.800 A:middle L:90% You also don't own the copyright. If Janice made 132 00:06:15.800 --> 00:06:17.329 A:middle L:90% you come here and take those notes and it's part 133 00:06:17.329 --> 00:06:19.990 A:middle L:90% of your job, then it's called a work for 134 00:06:19.990 --> 00:06:21.939 A:middle L:90% hire and you don't own the copyright to that, 135 00:06:21.949 --> 00:06:25.829 A:middle L:90% then your your boss owns it. But um it's 136 00:06:25.829 --> 00:06:29.220 A:middle L:90% very the law is very particular about works for higher 137 00:06:29.230 --> 00:06:30.199 A:middle L:90% . Um it really has to be a part of 138 00:06:30.199 --> 00:06:32.800 A:middle L:90% your job has to be a regular part of your 139 00:06:32.800 --> 00:06:36.879 A:middle L:90% assigned job. For example, I had a student 140 00:06:36.879 --> 00:06:40.449 A:middle L:90% who was working for me Um I was head of 141 00:06:40.449 --> 00:06:44.829 A:middle L:90% special collections during the April 16 shooting and afterwards we 142 00:06:44.829 --> 00:06:46.529 A:middle L:90% had a digital camera in. Our student was going 143 00:06:46.529 --> 00:06:48.269 A:middle L:90% to go out and take some pictures and he did 144 00:06:48.279 --> 00:06:50.970 A:middle L:90% that pictures around town of ribbons on trees and things 145 00:06:50.970 --> 00:06:54.379 A:middle L:90% and he came back and gave me the camera. 146 00:06:54.379 --> 00:06:57.800 A:middle L:90% We downloaded them to the image base. And I 147 00:06:57.800 --> 00:07:00.180 A:middle L:90% asked his name was Sam I asked him to send 148 00:07:00.180 --> 00:07:02.110 A:middle L:90% me an email that said he would share his copyright 149 00:07:02.120 --> 00:07:05.449 A:middle L:90% in those pictures that he took because taking pictures wasn't 150 00:07:05.449 --> 00:07:08.939 A:middle L:90% a regular part of his job. He worked the 151 00:07:08.939 --> 00:07:11.779 A:middle L:90% reference desk and special collections and he organized some of 152 00:07:11.779 --> 00:07:14.389 A:middle L:90% our manuscript collections. That was his job, that 153 00:07:14.389 --> 00:07:15.730 A:middle L:90% was his job description. So the fact that I 154 00:07:15.730 --> 00:07:18.680 A:middle L:90% asked him to do this other thing meant that it 155 00:07:18.689 --> 00:07:21.800 A:middle L:90% wasn't a work for hire and he owned the copyright 156 00:07:21.810 --> 00:07:25.589 A:middle L:90% to. So I asked him to share the copyright 157 00:07:25.589 --> 00:07:27.589 A:middle L:90% with me. So now these images are in our 158 00:07:27.850 --> 00:07:31.180 A:middle L:90% database and we asked I asked for the same rights 159 00:07:31.180 --> 00:07:33.519 A:middle L:90% that will ask for of you when you submit your 160 00:07:33.519 --> 00:07:36.000 A:middle L:90% thesis or dissertation and that is you get the library 161 00:07:36.000 --> 00:07:40.029 A:middle L:90% permission to store and provide access. That's all we 162 00:07:40.029 --> 00:07:42.779 A:middle L:90% want to do is store your dissertation and provide access 163 00:07:43.040 --> 00:07:44.560 A:middle L:90% . And that's what I asked SAM to do. 164 00:07:44.579 --> 00:07:46.149 A:middle L:90% But it means that SAM can still use those pictures 165 00:07:46.149 --> 00:07:49.160 A:middle L:90% to if he he wanted to write an article or 166 00:07:49.160 --> 00:07:51.649 A:middle L:90% compile a book. He could use those those images 167 00:07:51.649 --> 00:07:57.529 A:middle L:90% because he owns the copyright to them as well in 168 00:07:57.529 --> 00:08:03.899 A:middle L:90% your job. Yeah. Yeah. Major. No 169 00:08:03.899 --> 00:08:07.060 A:middle L:90% it depends on what your job is. Your job 170 00:08:07.060 --> 00:08:09.560 A:middle L:90% probably isn't to write a dissertation. Your job is 171 00:08:09.560 --> 00:08:13.870 A:middle L:90% probably to do some research for the faculty member that 172 00:08:13.870 --> 00:08:16.370 A:middle L:90% you're working for, the instructor you're working for. 173 00:08:16.379 --> 00:08:18.930 A:middle L:90% So some of the work that is part of your 174 00:08:18.930 --> 00:08:26.560 A:middle L:90% job gathering data running experiments. The results of that 175 00:08:26.569 --> 00:08:33.600 A:middle L:90% job. Like writing it up. It depends if 176 00:08:33.610 --> 00:08:39.129 A:middle L:90% riding up that experiment in say as a grant report 177 00:08:39.139 --> 00:09:28.000 A:middle L:90% or you know so phone book I've gotten this year 178 00:09:28.190 --> 00:09:31.610 A:middle L:90% . That's because phone numbers aren't copyrightable. They're just 179 00:09:31.610 --> 00:09:33.429 A:middle L:90% little pieces of information. Anybody can write a phone 180 00:09:33.429 --> 00:09:37.129 A:middle L:90% book, you know the name, the address, 181 00:09:37.129 --> 00:09:39.279 A:middle L:90% the phone number. They are all associated with me 182 00:09:39.279 --> 00:09:41.139 A:middle L:90% . But I don't own the copyright to the to 183 00:09:41.139 --> 00:09:43.690 A:middle L:90% that information so anybody can create a phone book. 184 00:09:43.700 --> 00:09:46.500 A:middle L:90% Now the way the phone book is put together, 185 00:09:46.500 --> 00:09:48.580 A:middle L:90% the way the advertising advertisements are laid out, that 186 00:09:48.580 --> 00:09:50.600 A:middle L:90% sort of thing. You know, can be copyrighted 187 00:09:50.610 --> 00:09:54.700 A:middle L:90% by the company that that compiled the book. But 188 00:09:54.700 --> 00:09:56.860 A:middle L:90% the phone numbers and the addresses per se aren't copyrightable 189 00:09:58.340 --> 00:10:00.580 A:middle L:90% . We'll talk a little bit more about things worthy 190 00:10:00.580 --> 00:10:03.360 A:middle L:90% of copyright. Well, remove all the yes. 191 00:10:03.940 --> 00:10:11.210 A:middle L:90% Published the information per se is okay. You couldn't 192 00:10:11.210 --> 00:10:15.490 A:middle L:90% necessarily take the layout that they use the particular arrangement 193 00:10:15.490 --> 00:10:18.700 A:middle L:90% of it, you know. But the little bits 194 00:10:18.700 --> 00:10:22.039 A:middle L:90% of data, the little facts that actually data per 195 00:10:22.039 --> 00:10:26.840 A:middle L:90% se isn't isn't copyrightable. And then there is a 196 00:10:26.840 --> 00:10:30.179 A:middle L:90% time at which works will go into the public domain 197 00:10:30.190 --> 00:10:33.710 A:middle L:90% . Everything eventually runs out of copyright and moves into 198 00:10:33.710 --> 00:10:37.070 A:middle L:90% the public domain. And there is actually a time 199 00:10:37.080 --> 00:10:41.309 A:middle L:90% when that happens based on our copyright law and lolly 200 00:10:41.309 --> 00:10:43.529 A:middle L:90% gas way down at north Carol. UnC has put 201 00:10:43.529 --> 00:10:46.090 A:middle L:90% together I think, a really nice chart. So 202 00:10:46.090 --> 00:10:50.429 A:middle L:90% if you're doing any kind of historical research, this 203 00:10:50.429 --> 00:10:52.080 A:middle L:90% is a nice chart to look at the two things 204 00:10:52.090 --> 00:10:54.470 A:middle L:90% we won't Spending any time on this. But the 205 00:10:54.470 --> 00:10:58.279 A:middle L:90% two important things that I try to remember is 1923 206 00:10:58.289 --> 00:11:03.669 A:middle L:90% . You find anything that was published before 1923 in 207 00:11:03.669 --> 00:11:05.320 A:middle L:90% the public domain and you can use it without anybody's 208 00:11:05.320 --> 00:11:07.929 A:middle L:90% permission, without any limits on the quantity that you 209 00:11:07.929 --> 00:11:11.720 A:middle L:90% use. But down here at the bottom, you'll 210 00:11:11.720 --> 00:11:13.409 A:middle L:90% see that there is, um, it's different for 211 00:11:13.409 --> 00:11:16.929 A:middle L:90% things that are not published. They move into the 212 00:11:16.940 --> 00:11:20.159 A:middle L:90% , into the public domain at a slightly, um 213 00:11:20.169 --> 00:11:22.629 A:middle L:90% , later period, 1923 is a good, a 214 00:11:22.629 --> 00:11:33.259 A:middle L:90% good date to remember. Um, let's talk about 215 00:11:33.269 --> 00:11:37.710 A:middle L:90% . Fair use the question. I get it. 216 00:11:37.720 --> 00:11:39.450 A:middle L:90% I get it less than I used to, but 217 00:11:39.450 --> 00:11:41.879 A:middle L:90% I used to get people who would come to my 218 00:11:41.879 --> 00:11:43.309 A:middle L:90% office and say, I want to do this. 219 00:11:43.309 --> 00:11:46.809 A:middle L:90% And it's for educational purposes. So it's okay. 220 00:11:46.820 --> 00:11:50.399 A:middle L:90% Right, well, fair use has four factors and 221 00:11:50.399 --> 00:11:52.899 A:middle L:90% the law says, you have to consider all four 222 00:11:52.899 --> 00:11:54.960 A:middle L:90% of those factors. You can't just look at the 223 00:11:54.970 --> 00:11:58.720 A:middle L:90% first one and say, oh, it's because it's 224 00:11:58.720 --> 00:12:01.320 A:middle L:90% for educational use, it's okay. There are four 225 00:12:01.320 --> 00:12:03.909 A:middle L:90% factors. You have to weigh all four of them 226 00:12:03.919 --> 00:12:05.399 A:middle L:90% and you have to see if the balance tips in 227 00:12:05.399 --> 00:12:09.159 A:middle L:90% your favor, in favor of fair use or if 228 00:12:09.159 --> 00:12:11.549 A:middle L:90% it tips in favor of the copyright holder, in 229 00:12:11.549 --> 00:12:13.639 A:middle L:90% which case you might have to ask for permission or 230 00:12:13.649 --> 00:12:18.659 A:middle L:90% change your use. So, educational purposes is one 231 00:12:18.669 --> 00:12:22.220 A:middle L:90% is one element and that element can can be shown 232 00:12:22.220 --> 00:12:24.570 A:middle L:90% in different ways. You can be for profit or 233 00:12:24.570 --> 00:12:26.929 A:middle L:90% not. It has to be educational. You may 234 00:12:26.929 --> 00:12:31.210 A:middle L:90% actually take somebody's work and transform it enough that it's 235 00:12:31.210 --> 00:12:33.919 A:middle L:90% no longer the same as it was. You've added 236 00:12:33.919 --> 00:12:39.080 A:middle L:90% value to it. There are three other factors in 237 00:12:39.080 --> 00:12:41.580 A:middle L:90% the hardest one I think, to describe as the 238 00:12:41.580 --> 00:12:45.700 A:middle L:90% nature of the copyrighted work. And one way to 239 00:12:45.700 --> 00:12:48.159 A:middle L:90% think of, that helps me to think about it 240 00:12:48.159 --> 00:12:52.419 A:middle L:90% anyway, is it's kind of fact versus fiction facts 241 00:12:52.940 --> 00:12:56.659 A:middle L:90% . Little pieces of data, Excel spreadsheets, you 242 00:12:56.659 --> 00:13:00.740 A:middle L:90% know, those aren't creative works. Their facts are 243 00:13:00.740 --> 00:13:05.649 A:middle L:90% just facts displayed in a particular way, so they're 244 00:13:05.649 --> 00:13:07.090 A:middle L:90% okay. But a piece of fiction, you know 245 00:13:07.090 --> 00:13:11.120 A:middle L:90% , a poem, a novel, a short story 246 00:13:11.120 --> 00:13:15.200 A:middle L:90% that creative activity that went on is um more than 247 00:13:15.200 --> 00:13:18.830 A:middle L:90% likely going to be um not fair use if you 248 00:13:18.830 --> 00:13:22.659 A:middle L:90% want to use the whole thing. This element here 249 00:13:22.659 --> 00:13:26.149 A:middle L:90% that says worthy of protection, that's not a value 250 00:13:26.149 --> 00:13:28.850 A:middle L:90% judgment. That's not saying isn't good enough to be 251 00:13:28.850 --> 00:13:31.529 A:middle L:90% protected. That's saying can it be copyrighted? And 252 00:13:31.529 --> 00:13:33.519 A:middle L:90% that's like these little bits of facts that I was 253 00:13:33.519 --> 00:13:37.409 A:middle L:90% talking about our phone numbers. Phone numbers aren't worthy 254 00:13:37.409 --> 00:13:39.850 A:middle L:90% of protection. Don't ask me why. Mhm. 255 00:13:41.639 --> 00:13:43.580 A:middle L:90% Um This one's pretty easy. This one we we 256 00:13:43.590 --> 00:13:46.480 A:middle L:90% often use when we write papers and articles, we 257 00:13:46.480 --> 00:13:48.899 A:middle L:90% often quote somebody else's article. You know, we've 258 00:13:48.899 --> 00:13:52.129 A:middle L:90% kind of done some subsequent research or we've taken their 259 00:13:52.129 --> 00:13:56.220 A:middle L:90% original thoughts and we've we've extrapolated from them. So 260 00:13:56.220 --> 00:13:58.200 A:middle L:90% we just want to quote a little bit from some 261 00:13:58.200 --> 00:14:01.320 A:middle L:90% article or book that's okay. But there's two parts 262 00:14:01.320 --> 00:14:03.750 A:middle L:90% to this element. There's this substantiality part and that 263 00:14:03.750 --> 00:14:05.860 A:middle L:90% says that it doesn't matter if it's just a little 264 00:14:05.860 --> 00:14:09.440 A:middle L:90% bit if it's the key, that's the heart of 265 00:14:09.440 --> 00:14:11.750 A:middle L:90% the matter. If it's really the substance of that 266 00:14:11.750 --> 00:14:13.019 A:middle L:90% work, then even if you only take a little 267 00:14:13.019 --> 00:14:15.559 A:middle L:90% bit of it, you can get in trouble. 268 00:14:15.940 --> 00:14:18.100 A:middle L:90% So you want to you want to balance the to 269 00:14:18.100 --> 00:14:20.100 A:middle L:90% you if you want to take just a little bit 270 00:14:20.110 --> 00:14:22.190 A:middle L:90% , but you also don't want it to be the 271 00:14:22.190 --> 00:14:24.220 A:middle L:90% key to the whole work. If you're going to 272 00:14:24.220 --> 00:14:26.610 A:middle L:90% use it, this is the one that we all 273 00:14:26.610 --> 00:14:28.620 A:middle L:90% know about and this is the one that scares us 274 00:14:28.629 --> 00:14:31.049 A:middle L:90% the most. And that is if we use somebody 275 00:14:31.049 --> 00:14:33.049 A:middle L:90% else's work is going to affect the market, are 276 00:14:33.049 --> 00:14:35.889 A:middle L:90% they gonna lose money? Are we going to potentially 277 00:14:35.889 --> 00:14:41.230 A:middle L:90% keep them from making money? This is when they're 278 00:14:41.230 --> 00:14:46.039 A:middle L:90% probably going to sue us. That's what's scary about 279 00:14:46.039 --> 00:14:48.169 A:middle L:90% this. If we keep, if we use somebody 280 00:14:48.169 --> 00:14:50.870 A:middle L:90% else's stuff and they could have made money on up 281 00:14:50.870 --> 00:14:52.330 A:middle L:90% a bit and we've prevented them from making money, 282 00:14:52.340 --> 00:14:54.950 A:middle L:90% then they're going to want to recoup that money. 283 00:14:56.440 --> 00:15:00.120 A:middle L:90% This is why, for example, the Disney Corporation 284 00:15:00.120 --> 00:15:01.879 A:middle L:90% is a huge lobby er in Congress. Every time 285 00:15:01.879 --> 00:15:05.730 A:middle L:90% the copyright law gets discussed and there's some, we 286 00:15:05.730 --> 00:15:09.179 A:middle L:90% want to make some changes to it. That's why 287 00:15:09.190 --> 00:15:11.169 A:middle L:90% , um, Minnie and mickey mouse every 20 years 288 00:15:11.169 --> 00:15:13.549 A:middle L:90% , they are going to come into the public domain 289 00:15:13.549 --> 00:15:16.019 A:middle L:90% . They're gonna be old enough to have run out 290 00:15:16.019 --> 00:15:18.190 A:middle L:90% of copyright protection. And Disney is in their lobbying 291 00:15:18.190 --> 00:15:22.769 A:middle L:90% hard to get to get, um, the copyright 292 00:15:22.769 --> 00:15:28.409 A:middle L:90% protection period extended. So now Everything things move into 293 00:15:28.409 --> 00:15:31.710 A:middle L:90% the public domain. Generally speaking, things move into 294 00:15:31.710 --> 00:15:35.950 A:middle L:90% the public domain 70 years after the author is dead 295 00:15:37.139 --> 00:15:41.639 A:middle L:90% . That's a long time. That could be more 296 00:15:41.639 --> 00:15:43.879 A:middle L:90% than 100 years since I wrote something. It's still 297 00:15:43.879 --> 00:15:46.679 A:middle L:90% not in the public domain. It's a long, 298 00:15:46.679 --> 00:15:52.629 A:middle L:90% long time, but it's it's been inching inching up 299 00:15:52.639 --> 00:15:56.700 A:middle L:90% and moving forward. So when you think about using 300 00:15:56.700 --> 00:15:58.519 A:middle L:90% somebody else's work and you're going to claim fair use 301 00:15:58.529 --> 00:16:03.750 A:middle L:90% and there you want to claim fair use. Having 302 00:16:03.750 --> 00:16:06.220 A:middle L:90% looked at all four of these factors, and you 303 00:16:06.220 --> 00:16:10.110 A:middle L:90% want your fair use to be more, have more 304 00:16:10.110 --> 00:16:12.610 A:middle L:90% weight than the copyright holders rights would have. And 305 00:16:12.610 --> 00:16:15.100 A:middle L:90% we created two tools to try and help you, 306 00:16:15.110 --> 00:16:18.620 A:middle L:90% um think about this and and way way these four 307 00:16:18.620 --> 00:16:23.500 A:middle L:90% elements. And this one is just what it says 308 00:16:23.500 --> 00:16:26.409 A:middle L:90% . It's a check list that lists the four factors 309 00:16:26.419 --> 00:16:29.620 A:middle L:90% and it lets you say, you know, a 310 00:16:29.620 --> 00:16:32.929 A:middle L:90% little bit educational use. So you can see how 311 00:16:32.929 --> 00:16:34.509 A:middle L:90% the elements fall out. But this is a better 312 00:16:34.509 --> 00:16:37.480 A:middle L:90% tool to use. And I thought, um, 313 00:16:37.480 --> 00:16:40.710 A:middle L:90% it usually is helpful to um, to go over 314 00:16:40.710 --> 00:16:44.370 A:middle L:90% this and let you see how it works. You 315 00:16:44.370 --> 00:16:47.240 A:middle L:90% can actually, you know, give me some examples 316 00:16:47.240 --> 00:16:49.980 A:middle L:90% of maybe something that you've been thinking about using, 317 00:16:49.980 --> 00:16:52.759 A:middle L:90% something you want to incorporate in your thesis or in 318 00:16:52.759 --> 00:16:56.990 A:middle L:90% your dissertation. We can test the tool here and 319 00:16:56.000 --> 00:17:00.039 A:middle L:90% it'll show you it's gonna ask you questions about each 320 00:17:00.039 --> 00:17:02.450 A:middle L:90% of the four factors. And then it's going to 321 00:17:02.450 --> 00:17:04.180 A:middle L:90% give you a statement at the end of that that 322 00:17:04.180 --> 00:17:07.789 A:middle L:90% says, based on the information you provided us, 323 00:17:07.200 --> 00:17:11.150 A:middle L:90% not legal advice, just based on the information you 324 00:17:11.150 --> 00:17:15.130 A:middle L:90% provided in this survey looks like your use would be 325 00:17:15.140 --> 00:17:17.609 A:middle L:90% fair or not. And one of the things that 326 00:17:17.609 --> 00:17:18.819 A:middle L:90% Janice and the reviewers look for, when you submit 327 00:17:18.819 --> 00:17:22.329 A:middle L:90% your thesis and dissertation is if you've used somebody else's 328 00:17:22.329 --> 00:17:26.559 A:middle L:90% materials in your dissertation, they want you they want 329 00:17:26.940 --> 00:17:30.400 A:middle L:90% you to tell them that it was okay. This 330 00:17:30.400 --> 00:17:33.920 A:middle L:90% was in the public domain that I wrote and got 331 00:17:33.920 --> 00:17:36.559 A:middle L:90% permission for. Or I considered the four fair use 332 00:17:36.559 --> 00:17:38.309 A:middle L:90% factors. And you can convince them that you considered 333 00:17:38.309 --> 00:17:44.670 A:middle L:90% the four fair use factors appropriately, by submitting this 334 00:17:44.680 --> 00:17:47.819 A:middle L:90% , this, um instrument, the results of this 335 00:17:47.819 --> 00:17:52.579 A:middle L:90% instrument. They'll believe you then, Right, okay 336 00:17:52.589 --> 00:17:55.329 A:middle L:90% . So when um when you're filling this out, 337 00:17:55.339 --> 00:18:00.819 A:middle L:90% you wanna put your information here, And does somebody 338 00:18:00.819 --> 00:18:03.410 A:middle L:90% have an example of copyright question or something that they 339 00:18:03.410 --> 00:18:07.859 A:middle L:90% were thinking about putting in an article or a chapter 340 00:18:11.140 --> 00:18:15.390 A:middle L:90% kind of work are you doing? Yes. Uh 341 00:18:15.390 --> 00:18:22.410 A:middle L:90% huh. Gone. Yeah. Okay. Is that 342 00:18:22.609 --> 00:18:26.059 A:middle L:90% did you see that in an article or a book 343 00:18:26.440 --> 00:18:29.049 A:middle L:90% ? Yeah. Okay. So what you would want 344 00:18:29.049 --> 00:18:32.759 A:middle L:90% to put in this box is the citation for that 345 00:18:32.759 --> 00:18:34.369 A:middle L:90% . And that's one of the the handouts that you 346 00:18:34.369 --> 00:18:37.059 A:middle L:90% have there is how to help, meant to help 347 00:18:37.059 --> 00:18:41.160 A:middle L:90% you cite the works properly. So, you know 348 00:18:47.539 --> 00:18:49.779 A:middle L:90% , we're going to pretend Janice wrote this article and 349 00:18:49.779 --> 00:18:59.210 A:middle L:90% it's called testing copyright and it was written in the 350 00:18:59.220 --> 00:19:07.759 A:middle L:90% Journal of La de Dah. What happened here? 351 00:19:07.740 --> 00:19:15.819 A:middle L:90% What is this? I don't know what that was 352 00:19:15.819 --> 00:19:21.059 A:middle L:90% about, push the wrong. Ah I didn't. 353 00:19:21.640 --> 00:19:30.299 A:middle L:90% Okay. Okay. You know Volume one. Number 354 00:19:30.299 --> 00:19:37.269 A:middle L:90% 1 page too. Right. Okay. And let's 355 00:19:37.990 --> 00:19:44.829 A:middle L:90% let's say figure three. Okay so this is um 356 00:19:44.839 --> 00:19:49.119 A:middle L:90% this is a model. You said an illustration diagram 357 00:19:49.130 --> 00:19:52.640 A:middle L:90% . Okay. Okay well you can help us answer 358 00:19:52.640 --> 00:19:53.740 A:middle L:90% these questions. So the first one we're gonna look 359 00:19:53.740 --> 00:20:02.650 A:middle L:90% at is um what is the purpose of the copyrighted 360 00:20:02.650 --> 00:20:04.170 A:middle L:90% work? Is it for business or commercial activity? 361 00:20:04.839 --> 00:20:08.099 A:middle L:90% No you're you're writing a dissertation. Okay. It's 362 00:20:08.099 --> 00:20:11.819 A:middle L:90% for your dissertation. Was the reason for using the 363 00:20:11.819 --> 00:20:19.359 A:middle L:90% copyrighted work to entertain? Probably not. Yeah. 364 00:20:19.740 --> 00:20:27.059 A:middle L:90% Was it criticism commentary reporting or parody? Probably not 365 00:20:27.640 --> 00:20:30.769 A:middle L:90% . Um Have you given credit to the author of 366 00:20:30.769 --> 00:20:37.170 A:middle L:90% the creator of the copyrighted work? Yes of course 367 00:20:37.740 --> 00:20:40.650 A:middle L:90% . Did you redo or alter the copyrighted work to 368 00:20:40.650 --> 00:20:42.029 A:middle L:90% serve a new purpose when you used it in your 369 00:20:42.029 --> 00:20:44.700 A:middle L:90% E. T. D. Or did you just 370 00:20:44.710 --> 00:20:51.480 A:middle L:90% copy and paste it? Okay. Sorry take your 371 00:20:51.480 --> 00:20:55.450 A:middle L:90% diary. Yeah. Yeah. Hundreds. That would 372 00:20:55.450 --> 00:20:57.900 A:middle L:90% be really good. That's um that's kind of we 373 00:20:57.900 --> 00:21:02.809 A:middle L:90% call it trans you added value to it, you 374 00:21:02.809 --> 00:21:04.769 A:middle L:90% transformed it. So in that case you still want 375 00:21:04.769 --> 00:21:08.069 A:middle L:90% to get the person who created a credit but you 376 00:21:08.069 --> 00:21:12.799 A:middle L:90% could answer this one this last element differently. Okay 377 00:21:14.150 --> 00:21:15.920 A:middle L:90% . So was it a creative work a picture of 378 00:21:15.920 --> 00:21:22.660 A:middle L:90% painting or fiction? Was it a model derive? 379 00:21:22.670 --> 00:21:26.519 A:middle L:90% Yeah. Was it was it this is kind of 380 00:21:26.529 --> 00:21:29.819 A:middle L:90% that that nature of the copyrighted work question here, 381 00:21:29.829 --> 00:21:32.509 A:middle L:90% you know, was it factor fiction? Was it 382 00:21:32.509 --> 00:21:36.059 A:middle L:90% creative or was it was it um you know was 383 00:21:36.059 --> 00:21:41.309 A:middle L:90% it a model generated from um some data? Was 384 00:21:41.309 --> 00:21:44.079 A:middle L:90% it like an Excel spreadsheet? And you know you 385 00:21:44.079 --> 00:21:45.559 A:middle L:90% put in some data and you got a pie chart 386 00:21:45.559 --> 00:21:48.940 A:middle L:90% out of it? We don't call that creative work 387 00:21:48.950 --> 00:21:52.440 A:middle L:90% at all. So it wasn't it wasn't an original 388 00:21:52.440 --> 00:21:55.329 A:middle L:90% work of art. Okay. It wasn't that kind 389 00:21:55.329 --> 00:21:57.349 A:middle L:90% of model, It wasn't a sculpture. Okay. 390 00:21:57.839 --> 00:22:02.279 A:middle L:90% Did it come from a published work? Okay. 391 00:22:02.289 --> 00:22:03.990 A:middle L:90% Oh, and seeing this? Don't know. It 392 00:22:03.990 --> 00:22:07.299 A:middle L:90% reminds me you don't want to answer. Don't know 393 00:22:07.299 --> 00:22:10.250 A:middle L:90% unless you really don't know because it's going to count 394 00:22:10.250 --> 00:22:14.710 A:middle L:90% against you, basically. Um Is it a factual 395 00:22:14.710 --> 00:22:21.089 A:middle L:90% work? Sounds like miss it out? The models 396 00:22:21.089 --> 00:22:23.950 A:middle L:90% derived from some data? Yeah. So, yes 397 00:22:26.539 --> 00:22:30.329 A:middle L:90% . Okay. Just last next element. Did you 398 00:22:30.329 --> 00:22:33.220 A:middle L:90% use a substantial portion of the copyrighted work? And 399 00:22:33.220 --> 00:22:37.930 A:middle L:90% this is before you answer that, Before you answer 400 00:22:37.940 --> 00:22:41.109 A:middle L:90% , giving you a clue here. Okay. Um 401 00:22:41.119 --> 00:22:45.690 A:middle L:90% , I look at this in terms of this was 402 00:22:45.700 --> 00:22:48.160 A:middle L:90% this was a little chart on a multi page document 403 00:22:48.170 --> 00:22:51.660 A:middle L:90% that's full of text and lots of other information. 404 00:22:51.660 --> 00:22:52.920 A:middle L:90% It was a small portion of the work. Now 405 00:22:52.920 --> 00:22:55.680 A:middle L:90% , maybe you took the whole chart or the whole 406 00:22:55.680 --> 00:22:57.170 A:middle L:90% model, but it's in the context of the article 407 00:22:57.440 --> 00:23:02.619 A:middle L:90% . So it's generally not a substantial portion of it 408 00:23:02.630 --> 00:23:06.789 A:middle L:90% . Now, occasionally you'll have one illustration or one 409 00:23:06.789 --> 00:23:10.140 A:middle L:90% chart and the article is all about what that chart 410 00:23:10.140 --> 00:23:11.430 A:middle L:90% says. So in that case, if you took 411 00:23:11.430 --> 00:23:14.390 A:middle L:90% the whole chart and that's the only one and that's 412 00:23:14.390 --> 00:23:15.269 A:middle L:90% what the article is all about, then it would 413 00:23:15.269 --> 00:23:18.130 A:middle L:90% be a substantial portion of it. Even if it 414 00:23:18.130 --> 00:23:21.289 A:middle L:90% wasn't all, it might not be a large amount 415 00:23:21.490 --> 00:23:22.759 A:middle L:90% , but it would be a substantial portion of it 416 00:23:23.640 --> 00:23:29.059 A:middle L:90% . So generally, but we take out of articles 417 00:23:29.059 --> 00:23:30.859 A:middle L:90% or charts is a small portion of the whole article 418 00:23:32.240 --> 00:23:33.960 A:middle L:90% . So I wouldn't say it was a substantial portion 419 00:23:37.539 --> 00:23:41.960 A:middle L:90% and we didn't know how to ask very many questions 420 00:23:41.960 --> 00:23:44.359 A:middle L:90% about this. So we just turned it around. 421 00:23:44.369 --> 00:23:52.170 A:middle L:90% It wasn't substantial. Wasn't negligible. I probably. 422 00:23:53.240 --> 00:23:57.970 A:middle L:90% Okay. Was the portion of work you included the 423 00:23:57.970 --> 00:24:00.480 A:middle L:90% central or the heart of the work? This is 424 00:24:00.480 --> 00:24:02.509 A:middle L:90% what I was talking about. You know. Is 425 00:24:02.509 --> 00:24:04.440 A:middle L:90% there one illustration that the whole article you know, 426 00:24:04.440 --> 00:24:10.759 A:middle L:90% addresses and is writing about? Probably not. But 427 00:24:15.839 --> 00:24:22.450 A:middle L:90% was the summary of their findings? Mm mm. 428 00:24:22.240 --> 00:24:23.859 A:middle L:90% So do we need to go back up here and 429 00:24:23.859 --> 00:24:33.460 A:middle L:90% say it was substantial portion? This is the portion 430 00:24:37.640 --> 00:24:47.369 A:middle L:90% . We say it's substantial but less than substantial but 431 00:24:47.369 --> 00:24:51.869 A:middle L:90% it wasn't negligible. But it was a portion wasn't 432 00:24:51.869 --> 00:24:53.670 A:middle L:90% the central or the heart of the matter. Okay 433 00:24:56.440 --> 00:25:00.140 A:middle L:90% . Okay. And the last the last part did 434 00:25:00.140 --> 00:25:03.460 A:middle L:90% you lawfully acquire a copy of the copyrighted work? 435 00:25:03.539 --> 00:25:07.920 A:middle L:90% Of course you did. Right. I mean usually 436 00:25:07.529 --> 00:25:11.690 A:middle L:90% lawfully acquired. This is this is a wide range 437 00:25:11.690 --> 00:25:14.789 A:middle L:90% . This is you didn't run into the 7 11 438 00:25:14.789 --> 00:25:18.150 A:middle L:90% and steal the journal. Right. You checked it 439 00:25:18.150 --> 00:25:21.140 A:middle L:90% out of the Library of faculty. Somebody gave it 440 00:25:21.140 --> 00:25:23.150 A:middle L:90% to you. I mean your copy was lawfully acquired 441 00:25:23.160 --> 00:25:25.980 A:middle L:90% . You didn't ask them where they got theirs but 442 00:25:25.990 --> 00:25:29.230 A:middle L:90% your copy was lawfully acquired. I hope please. 443 00:25:29.240 --> 00:25:32.650 A:middle L:90% Lawfully acquired. You didn't go to the library and 444 00:25:32.650 --> 00:25:34.049 A:middle L:90% tear those pages out of a journal. Right. 445 00:25:34.839 --> 00:25:40.549 A:middle L:90% Thank you. Well, access to the copyrighted work 446 00:25:41.240 --> 00:25:44.880 A:middle L:90% have a notable effect on the market or potential market 447 00:25:44.890 --> 00:25:51.470 A:middle L:90% for the original work. Not usually most of this 448 00:25:51.470 --> 00:25:52.609 A:middle L:90% stuff that we want to use is coming from an 449 00:25:52.609 --> 00:25:57.150 A:middle L:90% academic journal. The author certainly didn't make any money 450 00:25:57.150 --> 00:26:00.130 A:middle L:90% off of it. Now. The publisher of the 451 00:26:00.130 --> 00:26:02.880 A:middle L:90% journal you know wants to make some money off of 452 00:26:02.880 --> 00:26:04.259 A:middle L:90% it but they are going to make money off the 453 00:26:04.259 --> 00:26:07.589 A:middle L:90% article or the issue of the journal. Not this 454 00:26:07.589 --> 00:26:11.220 A:middle L:90% one little piece that you that you used. So 455 00:26:11.250 --> 00:26:15.859 A:middle L:90% let's say no. Is there a licensing mechanism in 456 00:26:15.859 --> 00:26:19.960 A:middle L:90% place for using the copyrighted work? Sometimes with academic 457 00:26:19.960 --> 00:26:22.599 A:middle L:90% articles, there will be a footnote or a link 458 00:26:22.609 --> 00:26:26.380 A:middle L:90% or something that says, you know, right here 459 00:26:26.380 --> 00:26:30.069 A:middle L:90% for permission to copy or distribute this article. So 460 00:26:30.069 --> 00:26:36.960 A:middle L:90% that's you haven't noticed anything like that. Okay. 461 00:26:40.640 --> 00:26:44.250 A:middle L:90% Yes. They don't could you could access to the 462 00:26:44.250 --> 00:26:48.319 A:middle L:90% copyrighted material in your et de replace the use of 463 00:26:48.319 --> 00:26:53.880 A:middle L:90% the original copyrighted work. No, probably. I 464 00:26:53.880 --> 00:26:56.819 A:middle L:90% mean, you you want to use this this charter 465 00:26:56.819 --> 00:27:02.529 A:middle L:90% this model and so people could come to your dissertation 466 00:27:02.529 --> 00:27:04.250 A:middle L:90% and find that. But really what they're probably looking 467 00:27:04.250 --> 00:27:07.220 A:middle L:90% for is the article that came from and you haven't 468 00:27:07.220 --> 00:27:10.930 A:middle L:90% put that in your dissertation. So they still need 469 00:27:10.930 --> 00:27:12.460 A:middle L:90% to go to the original work to use it. 470 00:27:12.940 --> 00:27:18.349 A:middle L:90% So no. Would it be affordable for you to 471 00:27:18.349 --> 00:27:25.200 A:middle L:90% get permission for using the copyrighted work? I generally 472 00:27:25.200 --> 00:27:27.599 A:middle L:90% say, no, I don't want to pay anything 473 00:27:27.609 --> 00:27:33.880 A:middle L:90% . I think that my uses legitimate and educational and 474 00:27:33.880 --> 00:27:37.250 A:middle L:90% just a little bit so it's not cost effective. 475 00:27:37.559 --> 00:27:38.779 A:middle L:90% Generally, we really don't know. But like I 476 00:27:38.779 --> 00:27:41.339 A:middle L:90% told you, it's not good to say, I 477 00:27:41.339 --> 00:27:47.779 A:middle L:90% don't know. So take my advice. It's not 478 00:27:47.779 --> 00:27:52.809 A:middle L:90% affordable. I mean, aren't you struggling graduate students 479 00:27:53.140 --> 00:27:56.769 A:middle L:90% ? I'm a rich librarian. On the other hand 480 00:27:57.440 --> 00:28:00.140 A:middle L:90% , okay. After you've answered all these questions and 481 00:28:00.140 --> 00:28:03.250 A:middle L:90% you can go back and change your mind about any 482 00:28:03.250 --> 00:28:04.970 A:middle L:90% of them. But you click this button to say 483 00:28:04.970 --> 00:28:08.809 A:middle L:90% analyze it for fair use. And it gives you 484 00:28:08.809 --> 00:28:14.099 A:middle L:90% this immediate response. And it looks addresses each one 485 00:28:14.099 --> 00:28:17.400 A:middle L:90% of the factors and it tells you how each one 486 00:28:17.400 --> 00:28:19.549 A:middle L:90% played out. And then at the bottom it says 487 00:28:19.559 --> 00:28:22.130 A:middle L:90% based on the information you provided, your use of 488 00:28:22.130 --> 00:28:26.170 A:middle L:90% the copyright work weighs in favour of fair use. 489 00:28:26.240 --> 00:28:30.019 A:middle L:90% So you could you could say this as a pdf 490 00:28:30.019 --> 00:28:33.220 A:middle L:90% file and submit it with your et DE. And 491 00:28:33.220 --> 00:28:36.309 A:middle L:90% the graduate school would feel good about you're using somebody 492 00:28:36.309 --> 00:28:45.559 A:middle L:90% else's copyrighted materials. Okay. I can this first 493 00:28:45.940 --> 00:28:49.180 A:middle L:90% going to actually, oh no, if you'd like 494 00:28:49.180 --> 00:28:52.049 A:middle L:90% to write and get permission, that would be fine 495 00:28:52.049 --> 00:28:56.460 A:middle L:90% too. But I think when you oh no, 496 00:28:56.460 --> 00:29:03.109 A:middle L:90% it's never and They only need one legal reason to 497 00:29:03.109 --> 00:29:06.660 A:middle L:90% let you use this work. And we think that 498 00:29:06.660 --> 00:29:10.460 A:middle L:90% this is much easier than writing and getting permission. 499 00:29:10.839 --> 00:29:15.569 A:middle L:90% Um The major problem that people have with, right 500 00:29:15.579 --> 00:29:17.990 A:middle L:90% , well there's two problems with writing and getting permission 501 00:29:18.119 --> 00:29:21.369 A:middle L:90% . Sometimes you just don't hear back. You know 502 00:29:21.369 --> 00:29:22.609 A:middle L:90% , you actually found out who the copyright owner was 503 00:29:22.609 --> 00:29:25.309 A:middle L:90% and you found an address for them and you wrote 504 00:29:25.309 --> 00:29:27.269 A:middle L:90% a nice letter and you told them what, you 505 00:29:27.269 --> 00:29:29.779 A:middle L:90% know what you wanted to do with it, and 506 00:29:29.779 --> 00:29:33.769 A:middle L:90% they just never respond. And you may write several 507 00:29:33.769 --> 00:29:37.690 A:middle L:90% times and they just may ignore you or maybe it's 508 00:29:37.690 --> 00:29:38.819 A:middle L:90% going into the dead letter box. I mean maybe 509 00:29:38.819 --> 00:29:41.430 A:middle L:90% it isn't reaching the copyright holder but the thing you 510 00:29:41.430 --> 00:29:48.049 A:middle L:90% have to remember is just because you asked You can't 511 00:29:48.049 --> 00:29:49.259 A:middle L:90% use it until you get an answer. You know 512 00:29:49.259 --> 00:29:52.450 A:middle L:90% , it doesn't matter if you ask 10 times and 513 00:29:52.450 --> 00:29:55.809 A:middle L:90% nobody says no, they haven't said yes. And 514 00:29:55.809 --> 00:29:57.460 A:middle L:90% this is one piece of legislation that's actually in the 515 00:29:57.460 --> 00:30:00.920 A:middle L:90% works right now. Libraries are lobbying hard for what 516 00:30:00.920 --> 00:30:03.789 A:middle L:90% we call orphan works and that's when you can't find 517 00:30:03.789 --> 00:30:06.230 A:middle L:90% the copyright holder or you can't locate them to get 518 00:30:06.230 --> 00:30:10.170 A:middle L:90% permission. We're lobbying to let us use materials. 519 00:30:10.640 --> 00:30:12.430 A:middle L:90% And then if somebody comes along later and says I 520 00:30:12.430 --> 00:30:15.710 A:middle L:90% didn't give you permission, you can't do that. 521 00:30:15.720 --> 00:30:18.869 A:middle L:90% We'll say I'm very sorry and we'll take it down 522 00:30:18.880 --> 00:30:22.690 A:middle L:90% and everything will be cool, nobody will sue anybody 523 00:30:22.690 --> 00:30:25.920 A:middle L:90% . Nobody will have to pay anybody. But when 524 00:30:25.920 --> 00:30:26.680 A:middle L:90% you can't get a hold of someone and you're you're 525 00:30:26.680 --> 00:30:30.710 A:middle L:90% stuck in this limbo of having asked and asked next 526 00:30:30.720 --> 00:30:33.220 A:middle L:90% and not be able to find who you can get 527 00:30:33.220 --> 00:30:37.019 A:middle L:90% permission from in order to not, you know, 528 00:30:37.029 --> 00:30:38.190 A:middle L:90% put up a roadblock entirely. Did you have a 529 00:30:38.190 --> 00:30:52.299 A:middle L:90% question what or uh fine, I'm 50 for example 530 00:30:52.309 --> 00:30:57.180 A:middle L:90% , or I don't know, 1000 many thousands Pay 531 00:30:57.180 --> 00:31:00.289 A:middle L:90% for 1000 times paper, like I think you should 532 00:31:00.299 --> 00:31:10.140 A:middle L:90% think about how is it really necessary? I I 533 00:31:10.150 --> 00:31:15.339 A:middle L:90% don't have Yeah, this this is this analyzer tool 534 00:31:15.339 --> 00:31:18.259 A:middle L:90% is something you want to use. If it's if 535 00:31:18.259 --> 00:31:19.190 A:middle L:90% there's if there's going to be a question, if 536 00:31:19.190 --> 00:31:22.789 A:middle L:90% you really if you can't show any other way that 537 00:31:22.789 --> 00:31:26.549 A:middle L:90% it's legitimate use, you know, if you're if 538 00:31:26.549 --> 00:31:30.029 A:middle L:90% you're using um you know this chart that was created 539 00:31:30.029 --> 00:31:33.519 A:middle L:90% from an Excel spreadsheet and it's for educational purposes? 540 00:31:33.519 --> 00:31:37.720 A:middle L:90% Well, you basically answered three of the questions and 541 00:31:37.730 --> 00:31:40.809 A:middle L:90% fair use in your favor in favor of fair use 542 00:31:40.809 --> 00:31:42.849 A:middle L:90% , not in favor of the copyright holder. If 543 00:31:42.849 --> 00:31:45.759 A:middle L:90% you have doubt, I would use the Fair use 544 00:31:45.759 --> 00:31:48.180 A:middle L:90% analyzer and give it to the graduate school. You 545 00:31:48.180 --> 00:31:49.829 A:middle L:90% know, sometimes you're going to use the Fair use 546 00:31:49.829 --> 00:31:52.769 A:middle L:90% analyzer and it's going to tell, you know, 547 00:31:52.779 --> 00:31:55.480 A:middle L:90% that's not a fair use. And then you need 548 00:31:55.480 --> 00:31:57.539 A:middle L:90% to write and ask for permission or you need to 549 00:31:57.539 --> 00:32:00.319 A:middle L:90% change your use. You know, maybe maybe you 550 00:32:00.319 --> 00:32:04.859 A:middle L:90% did use too much. And it's a substantial portion 551 00:32:05.539 --> 00:32:07.150 A:middle L:90% , you know, you need to think about about 552 00:32:07.150 --> 00:32:10.279 A:middle L:90% your use. And we have had some of these 553 00:32:10.289 --> 00:32:16.109 A:middle L:90% dissertations that just have entirely too many pictures of others 554 00:32:16.119 --> 00:32:19.960 A:middle L:90% that are copyrighted by someone else. I mean, 555 00:32:21.140 --> 00:32:22.920 A:middle L:90% they're trying to make their point that, you know 556 00:32:22.930 --> 00:32:25.460 A:middle L:90% , their work has been derived from all of these 557 00:32:25.460 --> 00:32:28.990 A:middle L:90% preceding, you know, works, but it doesn't 558 00:32:28.990 --> 00:32:31.140 A:middle L:90% mean that you have to, you know, represent 559 00:32:31.150 --> 00:32:34.930 A:middle L:90% every single one of those works in your work. 560 00:32:34.940 --> 00:32:37.990 A:middle L:90% You know, you can talk about them without necessarily 561 00:32:37.000 --> 00:32:45.880 A:middle L:90% illustrating them with someone else's copyrighted work referencing. Yes 562 00:32:45.890 --> 00:32:47.119 A:middle L:90% . Well, I mean it depends on the situation 563 00:32:47.130 --> 00:32:52.250 A:middle L:90% , but Yeah. Yeah. Only deal with figures 564 00:32:52.259 --> 00:33:00.460 A:middle L:90% tables and yes, I don't know what you figures 565 00:33:00.470 --> 00:33:09.890 A:middle L:90% tables, photograph. I remember my own. This 566 00:33:09.890 --> 00:33:14.109 A:middle L:90% is about citing copyright. It works. This refers 567 00:33:14.109 --> 00:33:16.400 A:middle L:90% to that other document and how and how to cite 568 00:33:16.410 --> 00:33:19.269 A:middle L:90% them in your work. It doesn't refer to what's 569 00:33:19.269 --> 00:33:25.210 A:middle L:90% fair use or not. Yes, it's sanctioned in 570 00:33:25.210 --> 00:33:34.869 A:middle L:90% my mind. Mhm mm. From exciting. Uh 571 00:33:34.869 --> 00:33:40.140 A:middle L:90% huh. Fair use is when you actually want to 572 00:33:40.140 --> 00:33:45.059 A:middle L:90% use somebody else's copyrighted work in your dissertation. It's 573 00:33:45.059 --> 00:33:47.099 A:middle L:90% not it's not about referring to somebody else's work. 574 00:33:47.109 --> 00:33:50.900 A:middle L:90% If you're just referring to it and citing it, 575 00:33:50.900 --> 00:33:53.230 A:middle L:90% you don't need copyright permission to do that. It's 576 00:33:53.230 --> 00:33:58.019 A:middle L:90% only when you actually take somebody's copyrighted work and put 577 00:33:58.019 --> 00:34:00.019 A:middle L:90% it in your work that you need to get permission 578 00:34:00.019 --> 00:34:05.339 A:middle L:90% or to claim fair use. But no sighting doesn't 579 00:34:05.339 --> 00:34:08.829 A:middle L:90% require permission on the top. Do I have to 580 00:34:08.829 --> 00:34:14.500 A:middle L:90% say yes? If you if you in fact from 581 00:34:14.500 --> 00:34:21.340 A:middle L:90% that citation she leaflets of paper, if you're if 582 00:34:21.340 --> 00:34:23.880 A:middle L:90% you're including perhaps your own photographs or your own drawings 583 00:34:23.889 --> 00:34:28.170 A:middle L:90% , you should say that they're yours. I mean 584 00:34:29.340 --> 00:34:32.179 A:middle L:90% while while we um one of the things I actually 585 00:34:32.190 --> 00:34:37.670 A:middle L:90% remembering now that I forgot to mention is that as 586 00:34:37.039 --> 00:34:38.920 A:middle L:90% though you're the creator of the work and you don't 587 00:34:38.920 --> 00:34:42.260 A:middle L:90% have to register, you don't have to tell anybody 588 00:34:42.269 --> 00:34:45.269 A:middle L:90% . It's a good idea to do that. Anyway 589 00:34:45.280 --> 00:34:47.829 A:middle L:90% . It's a good idea to have a copyright statement 590 00:34:47.840 --> 00:34:52.090 A:middle L:90% . But when and and there's no no required format 591 00:34:52.099 --> 00:34:53.800 A:middle L:90% for this statement. It's just a good thing, 592 00:34:53.800 --> 00:34:57.099 A:middle L:90% I think to have at the beginning of your work 593 00:34:57.110 --> 00:35:00.570 A:middle L:90% because it kind of reminds people that open your dissertation 594 00:35:00.570 --> 00:35:02.170 A:middle L:90% that ah yes, yes, this is copyright is 595 00:35:02.170 --> 00:35:06.860 A:middle L:90% held by someone else so you can do this. 596 00:35:06.940 --> 00:35:07.880 A:middle L:90% But one of the things that you might want to 597 00:35:07.880 --> 00:35:12.760 A:middle L:90% use is this statement unless otherwise stated. If you've 598 00:35:12.760 --> 00:35:15.150 A:middle L:90% got somebody else's copyrighted work in your dissertation, you 599 00:35:15.150 --> 00:35:19.860 A:middle L:90% took that illustration from somebody else's work, You can't 600 00:35:19.860 --> 00:35:22.869 A:middle L:90% copyright it, you can't claim copyright to it. 601 00:35:22.880 --> 00:35:25.369 A:middle L:90% You can only claim copyright to your work and you 602 00:35:25.369 --> 00:35:29.809 A:middle L:90% have to leave the copyright with the other person's with 603 00:35:29.809 --> 00:35:34.670 A:middle L:90% the work that it came from. Yes. Mr 604 00:35:36.340 --> 00:35:44.210 A:middle L:90% Mhm. Mhm. Mhm. It's like, yeah 605 00:35:44.219 --> 00:35:46.610 A:middle L:90% , it's like data. They're just they're just they're 606 00:35:46.610 --> 00:35:51.510 A:middle L:90% just statements now, the way you put them together 607 00:35:51.519 --> 00:35:52.719 A:middle L:90% in the way you made them work. You know 608 00:35:52.730 --> 00:35:55.340 A:middle L:90% , you had some some saying that, but you 609 00:35:55.340 --> 00:35:59.449 A:middle L:90% want to and you you know, you can say 610 00:35:59.460 --> 00:36:00.780 A:middle L:90% you can put this on anything you want. If 611 00:36:00.780 --> 00:36:04.260 A:middle L:90% it's not copyrightable, it's not going to be you 612 00:36:04.260 --> 00:36:15.750 A:middle L:90% know I mean. Mhm Sure. Mhm 32 eventually 613 00:36:16.130 --> 00:36:21.000 A:middle L:90% . Okay. It's bigger. My ford service. 614 00:36:21.010 --> 00:36:25.659 A:middle L:90% There's many. Mhm. Yes. Mhm. Reference 615 00:36:27.030 --> 00:36:30.650 A:middle L:90% past work done in the model. When So how 616 00:36:30.230 --> 00:36:36.559 A:middle L:90% what I'm going to? Yeah. Mhm. For 617 00:36:36.559 --> 00:36:43.400 A:middle L:90% service is running the model or of the the author 618 00:36:43.400 --> 00:36:45.960 A:middle L:90% who actually did the work. In fact, I'm 619 00:36:45.960 --> 00:36:49.110 A:middle L:90% sorry. That's something else I forgot to mention earlier 620 00:36:50.719 --> 00:36:52.139 A:middle L:90% . It says it here, but I didn't draw 621 00:36:52.139 --> 00:36:55.739 A:middle L:90% attention to it. Government documents are not copyrightable. 622 00:36:57.329 --> 00:37:00.880 A:middle L:90% So, generally speaking, if the Forest Service produces 623 00:37:00.880 --> 00:37:04.349 A:middle L:90% a report, it's in the public domain and we 624 00:37:04.349 --> 00:37:06.730 A:middle L:90% can all use it. Remember when it's something is 625 00:37:06.730 --> 00:37:07.460 A:middle L:90% in the public domain and you use it. It 626 00:37:07.460 --> 00:37:10.159 A:middle L:90% doesn't mean that you can claim it as yours and 627 00:37:10.159 --> 00:37:12.829 A:middle L:90% put your name on and copyright it. It just 628 00:37:12.829 --> 00:37:15.449 A:middle L:90% means that you can use it without permission. It 629 00:37:15.449 --> 00:37:16.670 A:middle L:90% doesn't mean you can change the attribution of it. 630 00:37:16.670 --> 00:37:20.070 A:middle L:90% It still belongs to whoever wrote it. The one 631 00:37:20.070 --> 00:37:22.429 A:middle L:90% thing that you have to be careful about though is 632 00:37:22.440 --> 00:37:25.340 A:middle L:90% when you're looking at a government resource, look at 633 00:37:25.340 --> 00:37:29.010 A:middle L:90% it carefully make sure that it doesn't have a copyright 634 00:37:29.010 --> 00:37:31.000 A:middle L:90% statement on it because, as you know, our 635 00:37:31.000 --> 00:37:35.820 A:middle L:90% government often contracts with private industry to have work done 636 00:37:35.829 --> 00:37:38.610 A:middle L:90% and they, the private company may have written the 637 00:37:38.610 --> 00:37:42.900 A:middle L:90% report that is posted on a government website or is 638 00:37:42.900 --> 00:37:45.119 A:middle L:90% published by the government and when whether or not they 639 00:37:45.119 --> 00:37:50.690 A:middle L:90% negotiated the copyright for that. Occasionally. Occasionally, 640 00:37:50.690 --> 00:37:52.559 A:middle L:90% you will see a government document with a copyright statement 641 00:37:52.559 --> 00:37:55.480 A:middle L:90% on it because it is owned by someone else. 642 00:37:55.480 --> 00:38:00.010 A:middle L:90% But generally speaking, federal documents are not, are 643 00:38:00.010 --> 00:38:05.829 A:middle L:90% in the public domain and have not copyrighted. forget 644 00:38:05.829 --> 00:38:09.139 A:middle L:90% anything else tonight. I'm not bad. Um, 645 00:38:09.820 --> 00:38:14.659 A:middle L:90% down this lower quadrant is some information, some more 646 00:38:14.659 --> 00:38:22.630 A:middle L:90% information about, about not signing publishers statements and you 647 00:38:22.630 --> 00:38:24.019 A:middle L:90% can, we've done some surveys in the past and 648 00:38:24.019 --> 00:38:27.530 A:middle L:90% you can see that these are a little bit old 649 00:38:27.539 --> 00:38:30.929 A:middle L:90% , but we just redid a survey of social science 650 00:38:30.929 --> 00:38:34.719 A:middle L:90% and humanities publishers to see if our findings from 10 651 00:38:34.719 --> 00:38:37.940 A:middle L:90% years ago were the same and we were so pleased 652 00:38:37.940 --> 00:38:42.440 A:middle L:90% because, um, I think the, The result 653 00:38:42.440 --> 00:38:45.739 A:middle L:90% was something like 96 of the journal editors and University 654 00:38:45.739 --> 00:38:50.750 A:middle L:90% press directors that we surveyed said electronic thesis and dissertations 655 00:38:50.750 --> 00:38:52.840 A:middle L:90% weren't a problem. If you want to, if 656 00:38:52.840 --> 00:38:53.940 A:middle L:90% you want to submit an article or a chapter from 657 00:38:53.940 --> 00:38:58.030 A:middle L:90% your thesis or dissertation, they're going to consider it 658 00:38:58.719 --> 00:39:00.880 A:middle L:90% not, they're not gonna hold it against you that 659 00:39:00.880 --> 00:39:01.780 A:middle L:90% it was an online dissertation. They're going to be 660 00:39:01.780 --> 00:39:05.329 A:middle L:90% looking at the quality of the work they're going to 661 00:39:05.329 --> 00:39:07.010 A:middle L:90% be looking at. You know did you write it 662 00:39:07.010 --> 00:39:07.679 A:middle L:90% ? Well? And is it written for the audience 663 00:39:07.679 --> 00:39:12.760 A:middle L:90% that they're publishing for? In fact another interesting finding 664 00:39:12.769 --> 00:39:16.369 A:middle L:90% that um we found was that um the journal editors 665 00:39:16.380 --> 00:39:19.739 A:middle L:90% , you know when you submit your thesis or dissertation 666 00:39:19.739 --> 00:39:21.650 A:middle L:90% you're going to have three options. You can make 667 00:39:21.650 --> 00:39:24.460 A:middle L:90% it available to the world immediately. You can restrict 668 00:39:24.460 --> 00:39:28.099 A:middle L:90% it to the university community for one year or you 669 00:39:28.099 --> 00:39:30.340 A:middle L:90% can withhold it from everybody's access for one year. 670 00:39:31.119 --> 00:39:35.670 A:middle L:90% And we were interested we were shocked to find that 671 00:39:35.670 --> 00:39:38.829 A:middle L:90% the journal editors said they don't want you to restrict 672 00:39:38.829 --> 00:39:42.559 A:middle L:90% access to the university community. And that's actually why 673 00:39:42.559 --> 00:39:45.130 A:middle L:90% we created that option was for the journal editors. 674 00:39:45.130 --> 00:39:47.519 A:middle L:90% They said that didn't affect their decisions at all. 675 00:39:47.530 --> 00:39:52.079 A:middle L:90% University press directors something like 7% of them wanted um 676 00:39:52.090 --> 00:39:53.360 A:middle L:90% the E. T. S. To be restricted 677 00:39:53.360 --> 00:39:57.650 A:middle L:90% to campus. But zero of the journal editors wanted 678 00:39:57.659 --> 00:39:58.579 A:middle L:90% E. T. D. S. To be 679 00:39:58.579 --> 00:40:00.329 A:middle L:90% restricted to campus. They were fine with public access 680 00:40:01.010 --> 00:40:05.320 A:middle L:90% . They know that that work that you're writing is 681 00:40:05.320 --> 00:40:07.500 A:middle L:90% meant to please those those committee members that you have 682 00:40:07.510 --> 00:40:09.530 A:middle L:90% . You know that's who you're writing for. And 683 00:40:09.530 --> 00:40:13.670 A:middle L:90% when you write this article for publication you're writing for 684 00:40:13.670 --> 00:40:17.010 A:middle L:90% an entirely different audience and you're writing in a different 685 00:40:17.010 --> 00:40:23.179 A:middle L:90% style and your your reporting things differently. So can 686 00:40:23.179 --> 00:40:30.099 A:middle L:90% we do a lot of, oh sure there that's 687 00:40:30.110 --> 00:40:37.820 A:middle L:90% them. Oh you probably want to cite your dissertation 688 00:40:37.820 --> 00:40:40.670 A:middle L:90% . Yeah but they're not they're they're gonna look at 689 00:40:40.670 --> 00:40:43.969 A:middle L:90% the quality of your writing and they're going to look 690 00:40:43.969 --> 00:40:46.280 A:middle L:90% at does your article um you know meet the needs 691 00:40:46.280 --> 00:40:49.340 A:middle L:90% are addressed the needs of of the audience of our 692 00:40:49.340 --> 00:40:52.099 A:middle L:90% journal. It's a very different peer review process than 693 00:40:52.110 --> 00:40:57.179 A:middle L:90% you know your committee members. So and I important 694 00:40:57.179 --> 00:41:00.010 A:middle L:90% to make a clear designation that supplying your E. 695 00:41:00.010 --> 00:41:04.090 A:middle L:90% T. To graduate school and then to the library 696 00:41:04.099 --> 00:41:07.750 A:middle L:90% does not make it published. It's just part of 697 00:41:07.750 --> 00:41:13.320 A:middle L:90% your academic career here. It's not double publishing per 698 00:41:13.320 --> 00:41:15.530 A:middle L:90% se. It's just supplying a document for your degree 699 00:41:16.510 --> 00:41:20.469 A:middle L:90% . It's not publishing. So if the journal is 700 00:41:20.469 --> 00:41:22.380 A:middle L:90% asking you have you ever published this before? If 701 00:41:22.380 --> 00:41:25.250 A:middle L:90% you have not done anything that's applied to the graduate 702 00:41:25.250 --> 00:41:29.690 A:middle L:90% school and then I'm gonna library. It's not, 703 00:41:30.909 --> 00:41:32.820 A:middle L:90% yeah that's actually what we what we titled the article 704 00:41:32.820 --> 00:41:35.360 A:middle L:90% that we published was about R. E. T 705 00:41:35.360 --> 00:41:37.030 A:middle L:90% . D. S. Prior publications because that's what 706 00:41:37.030 --> 00:41:39.050 A:middle L:90% a lot of people like. Another. Another question 707 00:41:39.050 --> 00:41:42.170 A:middle L:90% I haven't had tonight. But maybe you're thinking about 708 00:41:42.170 --> 00:41:45.699 A:middle L:90% it is um what it's about. Do you have 709 00:41:45.710 --> 00:41:47.969 A:middle L:90% ? Do you have um is it is it self 710 00:41:47.969 --> 00:41:51.679 A:middle L:90% plagiarism? If you if you cut and paste from 711 00:41:51.679 --> 00:41:53.519 A:middle L:90% your own dissertation, you can't self plagiarize, if 712 00:41:53.519 --> 00:41:55.570 A:middle L:90% it's yours, you can do what you want with 713 00:41:55.570 --> 00:41:59.940 A:middle L:90% it. You can only plagiarize somebody else's work, 714 00:41:59.940 --> 00:42:02.269 A:middle L:90% not your own. So I hadn't had that question 715 00:42:02.269 --> 00:42:05.619 A:middle L:90% before last time when we met here. So, 716 00:42:06.699 --> 00:42:07.650 A:middle L:90% but if you do need if you know, if 717 00:42:07.659 --> 00:42:09.650 A:middle L:90% if fair use isn't going to work for you and 718 00:42:09.650 --> 00:42:12.579 A:middle L:90% you do need to write, um, and get 719 00:42:12.579 --> 00:42:15.199 A:middle L:90% permission. We've we've kind of got a sample letter 720 00:42:15.199 --> 00:42:17.190 A:middle L:90% here that you can it's not not really the letter 721 00:42:17.190 --> 00:42:20.260 A:middle L:90% you want to use, but it still gives you 722 00:42:20.260 --> 00:42:22.400 A:middle L:90% an idea of the information you want to give a 723 00:42:22.400 --> 00:42:24.510 A:middle L:90% publisher when you request permission, you know, kind 724 00:42:24.510 --> 00:42:28.130 A:middle L:90% of has the range of information they're looking for. 725 00:42:28.139 --> 00:42:30.550 A:middle L:90% We drafted it and we gave it to three commercial 726 00:42:30.550 --> 00:42:31.179 A:middle L:90% publishers. And we said, you know, if 727 00:42:31.179 --> 00:42:35.519 A:middle L:90% you got this information from our student at Virginia Tech 728 00:42:35.699 --> 00:42:37.739 A:middle L:90% , would you give them copyright permission? And they 729 00:42:37.739 --> 00:42:39.750 A:middle L:90% said yes. And then these are places you can 730 00:42:39.750 --> 00:42:45.139 A:middle L:90% go to get journal editors addresses, email addresses. 731 00:42:45.139 --> 00:42:46.260 A:middle L:90% So you can you can do this, you know 732 00:42:46.260 --> 00:42:51.340 A:middle L:90% , all online and speeds the process a little bit 733 00:42:51.349 --> 00:42:58.949 A:middle L:90% more than then using the postal service. Yeah. 734 00:42:59.800 --> 00:43:07.940 A:middle L:90% Mhm. Mhm. What? Yeah. This uh 735 00:43:07.949 --> 00:43:10.059 A:middle L:90% Yes. File letter. Well, if you're gonna 736 00:43:10.059 --> 00:43:12.190 A:middle L:90% submit it with your E. T. D. 737 00:43:12.190 --> 00:43:16.480 A:middle L:90% Then a pdf would work the best. But Right 738 00:43:16.489 --> 00:43:21.280 A:middle L:90% , right. Just just some type of written documentation 739 00:43:21.289 --> 00:43:24.389 A:middle L:90% saying, and you do have permission um then the 740 00:43:24.389 --> 00:43:28.320 A:middle L:90% other person that is I have. All right. 741 00:43:29.889 --> 00:43:31.110 A:middle L:90% Do I you get permission for that at all? 742 00:43:31.599 --> 00:43:38.710 A:middle L:90% Worry is free access? I don't howard success doesn't 743 00:43:38.710 --> 00:43:42.099 A:middle L:90% have anything to do with it. It's copyright. 744 00:43:42.110 --> 00:43:46.960 A:middle L:90% Does somebody else on the copyright if you published something 745 00:43:46.969 --> 00:43:50.389 A:middle L:90% and you own the copyright and it's in an open 746 00:43:50.389 --> 00:43:53.559 A:middle L:90% access journal, that's great. But it doesn't because 747 00:43:53.559 --> 00:43:57.630 A:middle L:90% it's in an open access journal doesn't change the copyright 748 00:43:57.630 --> 00:44:01.420 A:middle L:90% law. Like I said, it's like really support 749 00:44:01.789 --> 00:44:05.099 A:middle L:90% Oh well if it says lovely things like that, 750 00:44:05.110 --> 00:44:12.159 A:middle L:90% then yeah. Right, you're right. Well when 751 00:44:12.170 --> 00:44:14.739 A:middle L:90% when you submit it you're going to have that statement 752 00:44:14.739 --> 00:44:15.519 A:middle L:90% on there. Right? I mean you're going to 753 00:44:15.530 --> 00:44:20.800 A:middle L:90% include that information when you submit it when you make 754 00:44:21.690 --> 00:44:29.670 A:middle L:90% No. Yeah. Yeah. You want to copy 755 00:44:29.670 --> 00:44:35.219 A:middle L:90% that page from the journal that says that include that 756 00:44:38.090 --> 00:44:40.210 A:middle L:90% . Yeah, that that sounds just like what I 757 00:44:40.210 --> 00:44:43.170 A:middle L:90% was talking about at the beginning. In terms of 758 00:44:43.170 --> 00:44:46.010 A:middle L:90% sharing your copyright. They're essentially you know if if 759 00:44:46.010 --> 00:44:47.550 A:middle L:90% you if you gave it to them, they're now 760 00:44:47.550 --> 00:44:50.750 A:middle L:90% giving it back to you by giving you permission to 761 00:44:50.750 --> 00:44:59.199 A:middle L:90% reproduce it. Right. Anyone could Uh huh. 762 00:45:00.989 --> 00:45:07.699 A:middle L:90% Report. Uh huh. Mhm. Are in the 763 00:45:07.699 --> 00:45:12.599 A:middle L:90% appendix, Right? Is that what you prefer? 764 00:45:13.090 --> 00:45:20.599 A:middle L:90% Are just an accompanying document Or when you upload your 765 00:45:20.599 --> 00:45:23.360 A:middle L:90% documents, you can upload a second copyright pdf that 766 00:45:23.360 --> 00:45:27.889 A:middle L:90% has all the copyright documents in there. So either 767 00:45:27.889 --> 00:45:29.849 A:middle L:90% way, as long as we get documentation, if 768 00:45:29.849 --> 00:45:31.690 A:middle L:90% you want to your appendix, we accept it there 769 00:45:31.690 --> 00:45:35.559 A:middle L:90% too. But we don't aspire to be. I 770 00:45:35.559 --> 00:45:38.809 A:middle L:90% really like it when it's in the document because I've 771 00:45:38.820 --> 00:45:44.599 A:middle L:90% um I do a fair amount of talking about stds 772 00:45:44.610 --> 00:45:47.030 A:middle L:90% in my travels and I like to show examples of 773 00:45:47.039 --> 00:45:51.960 A:middle L:90% them. And so it's nice to be able to 774 00:45:51.960 --> 00:45:54.119 A:middle L:90% show a dissertation that has used copyrighted work and done 775 00:45:54.130 --> 00:45:59.500 A:middle L:90% everything right? Like included the permission statement or the 776 00:45:59.510 --> 00:46:01.750 A:middle L:90% fair use analyzer tool that makes it it makes it 777 00:46:01.750 --> 00:46:07.579 A:middle L:90% without question for futures or something like our graduate school 778 00:46:07.579 --> 00:46:08.849 A:middle L:90% knows that you did everything right and that you had 779 00:46:08.849 --> 00:46:14.710 A:middle L:90% permission or but the next person that opens your dissertation 780 00:46:15.079 --> 00:46:17.599 A:middle L:90% doesn't have the same evidence doesn't know that um if 781 00:46:17.599 --> 00:46:22.349 A:middle L:90% they wanted to use that chart again, they wouldn't 782 00:46:22.349 --> 00:46:25.219 A:middle L:90% know necessarily, Well, you could make it easier 783 00:46:25.219 --> 00:46:29.670 A:middle L:90% on them about finding where you got permission or the 784 00:46:29.679 --> 00:46:31.159 A:middle L:90% fact that you did have permission to use it just 785 00:46:31.159 --> 00:46:35.409 A:middle L:90% kind of makes it absolutely clear to anybody that looks 786 00:46:35.409 --> 00:46:37.969 A:middle L:90% at your work that this was with permission and legitimate 787 00:46:38.019 --> 00:46:42.010 A:middle L:90% . I think it's really nice to because you're doing 788 00:46:42.010 --> 00:46:44.159 A:middle L:90% a dissertation and you're going to submit your work to 789 00:46:44.159 --> 00:46:47.110 A:middle L:90% um I to proquest dissertations online, they're going to 790 00:46:47.110 --> 00:46:50.440 A:middle L:90% have the same questions as the graduate school has when 791 00:46:50.440 --> 00:46:52.650 A:middle L:90% you use someone else's work. They are going to 792 00:46:52.650 --> 00:46:54.039 A:middle L:90% want to see the evidence that it was a legitimate 793 00:46:54.039 --> 00:46:58.039 A:middle L:90% use also. So if you include that, then 794 00:46:58.039 --> 00:47:04.440 A:middle L:90% they've got it too. Yeah. That's not been 795 00:47:04.449 --> 00:47:08.349 A:middle L:90% published yet. What it's being? Mhm. Give 796 00:47:08.349 --> 00:47:13.579 A:middle L:90% me for Oh yes. I mean it's copyrighted. 797 00:47:13.579 --> 00:47:15.420 A:middle L:90% Whether it's published or not. If somebody else created 798 00:47:15.420 --> 00:47:19.719 A:middle L:90% it then and it it depends you need to look 799 00:47:19.719 --> 00:47:21.630 A:middle L:90% at the four for various factors. Did you are 800 00:47:21.630 --> 00:47:25.079 A:middle L:90% using the whole thing? Are you? Uh huh 801 00:47:27.579 --> 00:47:29.079 A:middle L:90% . We do part of the work. It's hard 802 00:47:29.079 --> 00:47:31.670 A:middle L:90% work. Mhm. But I need you to do 803 00:47:31.670 --> 00:47:37.210 A:middle L:90% all of that data for my Uh huh. So 804 00:47:37.579 --> 00:47:39.559 A:middle L:90% then you guys probably want to share you know that 805 00:47:39.570 --> 00:47:42.239 A:middle L:90% you want to give them permission. They want to 806 00:47:42.250 --> 00:47:45.170 A:middle L:90% give you permission and you want to include that statement 807 00:47:45.170 --> 00:47:50.030 A:middle L:90% with when you submit your dissertation. Mhm. Someone 808 00:47:50.030 --> 00:47:54.099 A:middle L:90% told me you cannot even upload your own published article 809 00:47:54.579 --> 00:48:00.320 A:middle L:90% like who you are portfolio. I think like that 810 00:48:00.869 --> 00:48:01.969 A:middle L:90% depends on whether you kept. If you have the 811 00:48:01.969 --> 00:48:05.000 A:middle L:90% copyright, if you own the copyright, then you 812 00:48:05.000 --> 00:48:07.769 A:middle L:90% can do that. But if you submitted your article 813 00:48:07.780 --> 00:48:09.349 A:middle L:90% to a publisher and they asked you to sign this 814 00:48:09.349 --> 00:48:13.590 A:middle L:90% contract that said you gave them all of the rights 815 00:48:14.469 --> 00:48:17.699 A:middle L:90% , then you couldn't upload it because you don't remember 816 00:48:17.699 --> 00:48:25.829 A:middle L:90% you, the copyright owner gets to decide about uh 817 00:48:25.840 --> 00:48:32.030 A:middle L:90% then it's yours to do these things with uh it's 818 00:48:32.030 --> 00:48:37.050 A:middle L:90% yours. You get to decide. We have options 819 00:48:37.059 --> 00:48:39.980 A:middle L:90% which they gave. So for you, oh, 820 00:48:39.989 --> 00:48:42.969 A:middle L:90% they're they're going to make the form look like you 821 00:48:42.969 --> 00:48:45.269 A:middle L:90% don't have any choice. They're not going to have 822 00:48:45.269 --> 00:48:46.309 A:middle L:90% like check boxes. You know, you agree or 823 00:48:46.309 --> 00:48:49.119 A:middle L:90% you don't agree. They're going to give you a 824 00:48:49.119 --> 00:48:51.530 A:middle L:90% form that says sign here and give us your copyright 825 00:48:51.539 --> 00:48:53.210 A:middle L:90% more than likely. And you're gonna say you're gonna 826 00:48:53.210 --> 00:48:55.079 A:middle L:90% write on it or you're gonna send them a letter 827 00:48:55.079 --> 00:48:58.530 A:middle L:90% or you're gonna, what I usually do is I 828 00:48:58.530 --> 00:49:00.800 A:middle L:90% write right on the contract, I'll share my copyright 829 00:49:00.809 --> 00:49:04.480 A:middle L:90% with you sign that. But I wouldn't just sign 830 00:49:04.480 --> 00:49:07.619 A:middle L:90% a blank. I do use their form, but 831 00:49:07.619 --> 00:49:14.090 A:middle L:90% I modify it to give them non exclusive rights. 832 00:49:14.570 --> 00:49:16.219 A:middle L:90% That means they have rights to do whatever they want 833 00:49:16.250 --> 00:49:21.989 A:middle L:90% . But I still have my rights. Yeah. 834 00:49:22.050 --> 00:49:25.269 A:middle L:90% And one of the things that It's easier for me 835 00:49:25.269 --> 00:49:29.010 A:middle L:90% to say because you know, I've been doing this 836 00:49:29.010 --> 00:49:30.380 A:middle L:90% for 30 years and I'm tenure in a full professor 837 00:49:30.380 --> 00:49:34.900 A:middle L:90% and you know, fire me. But I know 838 00:49:34.900 --> 00:49:37.210 A:middle L:90% I was nervous in the beginning to because I thought 839 00:49:37.219 --> 00:49:38.210 A:middle L:90% I need to get my articles published. I'm not 840 00:49:38.210 --> 00:49:40.210 A:middle L:90% going to get tenure if I don't get my articles 841 00:49:40.210 --> 00:49:43.469 A:middle L:90% published and I need them to be published in these 842 00:49:43.469 --> 00:49:45.550 A:middle L:90% good academic journals and I want them published. But 843 00:49:45.550 --> 00:49:47.909 A:middle L:90% one of the things that you'll learn is when you 844 00:49:47.909 --> 00:49:52.519 A:middle L:90% submit this article, that's the only tense time there 845 00:49:52.519 --> 00:49:53.960 A:middle L:90% is once they contact you and say we want to 846 00:49:53.960 --> 00:49:57.119 A:middle L:90% publish your article, oh, now you're in a 847 00:49:57.119 --> 00:50:00.079 A:middle L:90% bargaining position. Now they're they're thinking they've got your 848 00:50:00.079 --> 00:50:01.679 A:middle L:90% article, they're thinking about the layout there, thinking 849 00:50:01.679 --> 00:50:04.730 A:middle L:90% about what volume is going to go in and they 850 00:50:04.730 --> 00:50:06.940 A:middle L:90% want your article. You know, they didn't just 851 00:50:06.940 --> 00:50:08.199 A:middle L:90% accept it because they don't want it. They accepted 852 00:50:08.199 --> 00:50:12.369 A:middle L:90% your article because they want to publish it. And 853 00:50:12.369 --> 00:50:14.090 A:middle L:90% I've never had a publisher turned me down when I 854 00:50:14.090 --> 00:50:15.630 A:middle L:90% said I would give them a non exclusive rights. 855 00:50:15.630 --> 00:50:17.420 A:middle L:90% It gives them the right to do everything that they 856 00:50:17.420 --> 00:50:22.820 A:middle L:90% wanted to do before. It just lets me distributed 857 00:50:22.820 --> 00:50:23.909 A:middle L:90% in class. It lets me put it on scholars 858 00:50:23.909 --> 00:50:25.519 A:middle L:90% so that others can see it. It lets me 859 00:50:25.519 --> 00:50:29.579 A:middle L:90% link it to my resume on my website at the 860 00:50:29.579 --> 00:50:31.989 A:middle L:90% library, gives me options that I wouldn't have otherwise 861 00:50:34.059 --> 00:50:35.570 A:middle L:90% . But if you sign it away, if you 862 00:50:35.579 --> 00:50:38.909 A:middle L:90% give it away. And this actually happened way back 863 00:50:38.909 --> 00:50:40.730 A:middle L:90% in the, in the 90s when we first were 864 00:50:40.730 --> 00:50:45.250 A:middle L:90% doing stds. I actually saw a dissertation and one 865 00:50:45.250 --> 00:50:49.530 A:middle L:90% chapter was one page with an article citation in it 866 00:50:49.539 --> 00:50:52.239 A:middle L:90% because the publisher would not give the rights back to 867 00:50:52.239 --> 00:50:54.780 A:middle L:90% the student to put the chapter in their dissertation. 868 00:50:57.760 --> 00:51:02.420 A:middle L:90% I thought that was pitiful, but I've never seen 869 00:51:02.420 --> 00:51:05.039 A:middle L:90% another one. But it just, you know, 870 00:51:05.050 --> 00:51:07.469 A:middle L:90% they don't have to give you your rights back there 871 00:51:07.469 --> 00:51:08.889 A:middle L:90% more than likely going to. Um In fact, 872 00:51:08.889 --> 00:51:12.789 A:middle L:90% the survey that we did said, one of one 873 00:51:12.789 --> 00:51:15.579 A:middle L:90% of the journal editors said that they wished more faculty 874 00:51:15.579 --> 00:51:17.190 A:middle L:90% would work with the students to get the articles published 875 00:51:17.360 --> 00:51:21.139 A:middle L:90% because then the articles would be published before the dissertation 876 00:51:21.139 --> 00:51:22.010 A:middle L:90% comes out. And so then the they're not worried 877 00:51:22.010 --> 00:51:24.539 A:middle L:90% about any competition between the two. They got the 878 00:51:24.539 --> 00:51:28.059 A:middle L:90% article in their journal, they marketed it, they've 879 00:51:28.070 --> 00:51:30.500 A:middle L:90% sold the journal now you come along and you put 880 00:51:30.500 --> 00:51:32.380 A:middle L:90% it in your dissertation, it's kind of old news 881 00:51:32.760 --> 00:51:35.900 A:middle L:90% . Not really, but um, that was what 882 00:51:35.900 --> 00:51:39.590 A:middle L:90% one of the editors told us. So It's 8:00 883 00:51:39.590 --> 00:51:43.130 A:middle L:90% , I'm sure you're anxious to go. My office 884 00:51:43.130 --> 00:51:44.360 A:middle L:90% , like I said, is on the main floor 885 00:51:44.360 --> 00:51:45.469 A:middle L:90% of Newman Library. If you have questions later, 886 00:51:45.469 --> 00:51:51.079 A:middle L:90% don't hesitate to come by. Good luck come