Copyrights at UC Davis
While copyright law is fairly simple to state, applying it can be complicated because the result varies depending on the particular facts of each situation, such as what you want to do, whether the material was created as part of a job – even whether it had a copyright notice when it was published.
Frequently Asked Questions about Copyright at UC Davis
- What’s the difference between copyrights, patents and trademarks?
- What works are protected by copyright?
- Who owns copyrights?
- How long do copyrights last?
- Can I use someone else’s work for teaching, research or in my coursework?
- Do I need to do anything before I distribute UC Davis’s copyrighted work?
- How do I publish my article as “open access?”
- I want to “open source” my software. How do I do that?
- I found my syllabus/old exams/course materials on a website which I did NOT give permission to do so! How do I make them stop?
- What is the Digital Millennium Copyright Act (DMCA) and why did I lose my Internet connection?
- Do I really need to know this stuff about copyright?
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Put simply, the three protect different aspects of the products of our minds, hence the name intellectual property. Patents protect ideas. Copyrights protect original expressions of those ideas. And trademarks protect the value associated with things like name, slogans, and logos associated with a commercial product which is often associated with something patented or protected by copyright. For more information on patents at UC Davis go here, and for more on trademarks at UC Davis, go here.
There are actually six copyrights – the legal rights to control what people can do with creative work(s), usually called “works” for short. Federal copyright law gives copyright owners exclusive rights to:
- Copy the work
- Distribute the copies
- Make the derivative (new) works such as translations, modifications and format changes
- Publicly perform the work
- Publicly display the work, and
- Digitally transmit sound recordings.
For the limited lifetime of the copyrights, one needs permission of a copyright owner to do any of these but there are exceptions including certain library and archive uses (beyond the scope of this wewbiste), Fair Use and the TEACH Act for the distance education.
Copyright protects “original works of authorship” that are “fixed in any tangible medium of expression…” This means literary works, including software and web pages; musical works (including words); dramatic works (including music); pantomimes and choreography; pictorial, graphic and sculptural works; motion pictures and audiovisual works; sound recordings; and architecture.
Ephemeral works such as unrecorded speech, music or dance are not fixed in a tangible medium and so are not protected by copyright, although the prewritten text to a lecture would be. A simple way to protect your creativity is to record it!
Material that is not eligible for copyright protection includes ideas, facts, procedures, processes, systems, and concepts, although those might be patentable; nor titles, short phrases, and names, which might be trademarks; nor works containing no original authorship, works with expired copyrights, and works created by U.S. government employees in the performance of their jobs. Material that is not protected by copyright is in the Public Domain and can be freely used, including for the creation of new copyright-protected works. For more, go here.
Ownership can be complicated, especially in a research institution. You can find great information on ownership of works whose creation is some way associated with the University of California go here.
The answer to this has changed several times since the first US Copyright Act in 1790. The earliest protection lasted 14 years from registration. As of January 1, 1978, copyrights spring into being automatically and last for the life of the author plus 70 years, and it can be longer for unpublished or corporate works.
To make it more complicated, in the past some works which would otherwise qualify for copyright protection actually didn’t because some formality such as registering with the Copyright Office or including a copyright notice was skipped; these are said to have gone straight to the Public Domain. There are some great tools online to help figure this out. But to be safe, assume that all types of works which can be protected, are protected, even if there’s no copyright notice, and be particularly careful with new media such as material on the Internet.
This is a good question which warrants a detailed answer. Go here.
Of course! Sharing copyright-protected work that belongs to The Regents of the University of California requires thoughtful consideration, but can be simple and quick if you plan ahead, as many necessary steps are easier to do as the material is created rather than after-the-fact. For more information, go here.
Historically, academic journals required authors to assign their personal copyrights to their scholarly works in order to be published. Sometimes authors had to pay additional costs! The trend is towards “open access,” which means that the article has been published in a print or electronic journal that makes articles available at no charge, although sometimes after a period of paid access. This makes research results more widely available, sooner.
To assist authors in negotiating terms of publication, the NIH in 2008 began requiring that articles resulting from NIH funding be made available in “open access” within 12 months. In July 2013 the university established its own UC Open Access Policy to assist authors in negotiating publication agreements.
Since publication agreements are usually signed by research authors rather than The Regents, compliance is up to the authors. Changing publication agreements retroactively can be difficult or impossible, so advance planning is key, which can start with choosing author-friendly publishers using resources such as the Sherpa RoMEO database. Information to help authors do so is the UC Davis library website.
“Open Source” (or OS) is a commonly misunderstood term; it means simply that the software source code is available. The conditions – shareability, commercial or nonprofit use limits, cost – are in the copyright license that goes with the particular code. There are hundreds of “official” open source licenses, each with different terms and conditions.
Take a look at “Software is Special” and the answer to FAQ 6 above for more information on how to provide the information the campus copyright officer needs to determine the appropriate open source license for your code.
9. I found my syllabus/old exams/course materials on a website which I did NOT give permission to do so! How do I make them stop?
As the copyright owner of your course materials, you’re the only one who can go after these sites for copyright infringement. You could send a “cease and desist” letter to the owner of the website. However, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 to provide a usually-simpler way to do it. Basically, you send a “notification” with certain information/statements to the DMCA agent (list here) for the Internet Service Provider (ISP) hosting the website. If your notification has all the right information they have to take your copyright-protected material down “expeditiously.”
For Course Hero, use their form here: https://www.coursehero.com/copyright-infringement/
However, this is a bit whack-a-mole – you will need to monitor the website(s) for new postings or materials and repeat the DMCA notification each time. A more comprehensive way to approach this is to change the behavior of the students who are providing your intellectual property to the website. Most often they simply don’t know this is copyright infringement rather than intentionally wanting to violate your intellectual property. Students for time immemorial have shared notes and old exams, and the concept that doing it online is very different than passing out paper copies just doesn’t occur to them. Suggestions:
- Let your students know that what they are doing is illegal!
- Put a copyright notice with your name and the year published on all of your materials!
- Proactively announce at the beginning of and during your course that your course materials are just that – yours – and that prior to putting them on a website your explicit permission should be requested. (Note: there are some times when that may not be required, such as to comply with the ADA, but the point is to make them stop and think.)
The DMCA (as commonly abbreviated) was enacted in 1998 as a way for copyright owners to address copyright infringement via illegal file sharing through internet service provider networks. UC Davis is considered one of those networks, and The Regents comply with the DMCA for a variety of reasons.
Yes. It may sound complicated, but copyright relating to UC Davis gets easier with time. Everyone is responsible for taking care of the copyrights they deal with; since each situation depends on the facts, the person who knows the facts best is in the best position to do the right thing. Getting it wrong can be expensive and can potentially lead to loss of a job or criminal liability! Rare, it’s true, but it happens.
And complying with copyright law is the right thing to do – we respect other people’s copyrights, and we expect them to respect ours.
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Definitions of capitalized terms and FAQs are on the University of California copyright website.
- Using Copyright-Protected Materials
- Distributing UC Davis’s Copyright-Protected Work
- The Digital Millennium Copyright Act (DMCA)
- Copyright Web Resources
- Using UC Davis’s Copyrights