Intellectual property and giving credit


Academic integrity
The best way to avoid ethical problems in research is to head off misconduct before it occurs.  Many university campuses offer workshops, trainings and websites devoted to maintaining academic integrity.  It is especially important that new faculty members take responsibility for being knowledgeable about all policies, laws and practices related to their research. 

Fair use
In copyright law, quotation or reproduction of a small portion of copyrighted materials (with proper acknowledgment) does not require the permission of the copyright holder.  The purpose and character of the use, and the nature of the copyrighted work determine fair use. The amount of text that can be used varies in proportion to the length of the original document so that it does not decrease the market for the original.

Creative commons
The notion of the Creative Commons was founded in 2001 to build a richer public domain by providing a midway alternative to either the “all rights reserved” copyright or “no rights reserved” public domain.  A Creative Commons license allows a creator to dictate how others may use their work.  It allows others to copy and distribute work as long as credit is given, it is not made a part of any commercial venture, and conditions are met as specified.  For online work it is possible to select a license that specifies “some rights reserved” or “all rights reserved.”

Intellectual property
According to the World Intellectual Property Organization, “Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.  It is divided into two categories: industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source, and copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.  Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.” 

Copyright infringement
Copying, downloading or distributing copyrighted material for personal use, entertainment, or professional gain is against the law.  While the law may permit fair use of a copyrighted work for teaching, scholarship, research, criticism, comment, or news reporting, do not assume that all such uses are “fair.”  Copyright owners actively search for copyright infringements using the procedures outlined in the Digital Millennium Copyright Act.  Once notified, a university must follow up.  One example of consequences for violating the No Electronic Theft (NET) Act can be serious criminal penalties including a fine of up to $250,000, and a jail sentence.

Plagiarism
Plagiarism is the practice of presenting someone else’s work as your own.  Any ideas, opinions, theories, formulas, graphics or pictures taken from another source for written or oral use must be fully acknowledged.  Any materials assembled or collected by others in the form of projects, or collections must also be acknowledged.  It is best to state your ideas, use quotation marks, and credit the source whenever exact wording is used.  It is better to paraphrase when possible, but still credit the source.  The form of citation and reference must adhere to agreed upon guidelines and be complete.  Use a style manual to be certain to cite materials correctly.


Overview of Copyright in the Academy

Copyright Law, Intellectual Property Policy, and Academic Culture
Lynch, C.A. (2006). Chapter 9, The Center for Intellectual Property Handbook, University of Maryland, University College
This chapter discusses creation of the scholarly record, the central role of fair use in academic production, public domain and orphan works, using university missions to determine policy choices, and the role of university presses and scholarly societies.

World Intellectual Property Organization
Switzerland
This site offers links to all aspects of policy, law, and practice related to intellectual property.

Fair Use of Copyrighted Materials
University of Texas
This site offers simple definitions of fair use, liability, rules of thumb and getting permission.

Copyright Crash Course
Harper, G.K. (2001). Licensed under a Creative Commons license, University of Texas
This site offers information on several aspects of fair use, including creating multimedia, copyright in the digital library, copyright management, licensing resources and online presentations.  It also has a crash course tutorial for faculty, and links to cases of inappropriate use.

UC Copyright
University of California Copyright Education Web Site, University Standing Committee on Copyright
This site was created to respond to educators’ and scholars’ needs for information on copyright policies and laws, and their appropriate application of them to academic and scholarly work. 

The Public Domain: Enclosing the Commons of the Mind
Boyle, J. (2008).Yale University Press
This blog explores multiple perspectives and concerns about the public domain, explores issues related to James Boyles’ book on the subject, which is offered both commercially for sale and made available online for free.

Copyright, Intellectual Property Rights, and Licensing Issues
Berkeley Digital Library SunSITE (2007). SunSITE Manager, sponsored by The Library, UC Berkeley and Sun Microsystems, Inc.
This site provides links to many materials that illuminate the current awareness on issues related to copyright, intellectual property and licensing, along with numerous references, pertinent organizations, initiatives, articles, papers and reports, laws, policies and court opinions.

Some Observations on Copyright Law
Standler, R.B. (2009). Massachusetts attorney and consultant, higher-education and copyright law
This series of essays about copyright law is an informal overview with examples from the practicing lawyer’s perspective.  The author also has a Ph.D. in Physics and practiced as an Associate Professor of Engineering.

Guidelines to Facilitate Copyright Compliance

Copyright Compliance: Compliance Policy
The Campus Guide to Copyright Compliance for Academic Institutions, Copyright.com
This site offers sample compliance policies and tips for a successful implementation of compliance in academic settings.

Copyright Term and the Public Domain in the United States – 2010 Update
Stanford University Libraries
This site answers frequently asked questions, defines the public domain, provides an introduction to obtaining permission to use various types of materials, and supports a blog for asking about copyright issues.

Fair Use Checklist
Butler, D.K. (2009). Columbia University Libraries / Information Services, Center for Digital Research and Scholarship
This checklist is created based on the four factors set forth in the fair use provision of copyright law.  It is designed to provide a means for recording the decision making process, to be kept as a record in the event that questions later arise.

Creative Commons

A Review of Creative Commons and Science Commons
Garlick, M., General Counsel at Creative Commons (September/October 2005). EDUCAUSE Review, Vol. 40, No. 5
This article explores access to scientific and academic research, teaching tools, and data.  The Creative Commons and the recently launched Science Commons project are designed to promote balance in the debates over access.

Creative Commons: Guilt-Free Reuse of Other’s Work
Keith Gresham and David Hollander, Princeton University Library
This presentation concerns issues regarding the creative commons.

Intellectual Property

Copyright Infringement Statistics, Academic Year 2009-2010
University of Delaware
This page shows the number of student computers cited for copyright infringement and removed from the University’s network in the 09-10 academic year.  A list of consequences for students who are cited is provided.

World Intellectual Property Organization
Switzerland
This site offers links to all aspects of policy, law, and practice related to intellectual property.

UC Copyright
University of California Copyright Education Web Site, University Standing Committee on Copyright
This site was created to respond to educators’ and scholars’ needs for information on copyright policies and laws, and their appropriate application of them to academic and scholarly work. 

The Public Domain: Enclosing the Commons of the Mind
Boyle, J. (2008).Yale University Press
This blog explores multiple perspectives and concerns about the public domain, explores issues related to James Boyles’ book on the subject, which is offered both commercially for sale and made available online for free.

Copyright, Intellectual Property Rights, and Licensing Issues
Berkeley Digital Library SunSITE (2007). SunSITE Manager, sponsored by The Library, UC Berkeley and Sun Microsystems, Inc.
This site provides links to many materials that illuminate the current awareness on issues related to copyright, intellectual property and licensing, along with numerous references, pertinent organizations, initiatives, articles, papers and reports, laws, policies and court opinions.

Consequences of Copyright Infringement
University Information Technology Services, Indiana University
This site offers specifics about what happens in the event a copyright infringement notice has been received, in particular a violation of the Digital Millennium Copyright Act (DMCA).

Plagiarism and Anti-Plagiarism
Ehrlich, H. (updated 2009). Department of English, Rutgers University
While this webpage addresses primarily student plagiarism, it also addresses the role of the faculty member in minimizing the practice, and implies that course assignments may actually foster plagiarism if not carefully crafted.

Research Misconduct
Office of Research Education and Training, School of Medicine, University of Miami
This site addresses scientific misconduct, including the special case of “self-plagiarism” when an author uses segments of their own published materials in a new publication without reference.

How to Recognize Plagiarism
School of Education, Indiana University Bloomington
The definition of plagiarism is explained, and the code regarding avoiding plagiarism elaborated.

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