Copyright - Kentucky
This is a quiz for University of Kentucky students to better understand how copyright works, their rights and responsibilities as scholars and in respecting the integrity of the historical record and creative works. Many of the questions and answers are derived in part from the UT System’s copyright quiz (http://www. Lib. Utsystem. Edu/copyright/test. Html).
- 1.
Determining who is the copyright owner After you’ve read about copyright principles in the recommended resources, think about how you will know who owns the copyright of a particular resource you want to use. Choose the one correct answer to finish this sentence: “Copyright ownership analysis starts with this principle: The ________ is the owner.”
- A.
Author
- B.
Employer
- C.
Government
- D.
Public
Correct Answer
A. AuthorExplanation
To start your copyright analysis, you must begin with determining ownership. The basic principle here is that the author is the owner of the resource created. For more on this see the • University of Kentucky Office of Research Integrity webpage on Authorship and Publication: http://www.research.uky.edu/authorship.html.Rate this question:
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- 2.
Sharing copyright ownership Which one of the following pairs of persons are joint authors?
- A.
A faculty member comes up with an idea for a webpage and a graduate student designs the page based on the faculty member’s idea.
- B.
A faculty member pays a student to create several images for a slide presentation that the faculty member previously authored.
- C.
A faculty member and one of her students orally agree that they will collaborate on an interactive online tutorial. One authors a slide presentation and the other writes the code to convert the presentation to an interactive online tutorial.
- D.
A faculty member and a photographer discuss a collaboration, agreeing on what each will contribute (textual content and photographs, respectively) and what rights each expects to have in the finished work, explicitly concluding that they both intend to be joint authors of the entire tutorial when it is finished.
Correct Answer
D. A faculty member and a photographer discuss a collaboration, agreeing on what each will contribute (textual content and photographs, respectively) and what rights each expects to have in the finished work, explicitly concluding that they both intend to be joint authors of the entire tutorial when it is finished.Explanation
Two things are required to have joint authorship of a work: each person must contribute copyrightable expression and they must all intend at the time the work is created to be joint owners of the finished whole work. For more on this see The Copyright Website: http://www.benedict.com.Rate this question:
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- 3.
Works created for someone else Which one of the following employers successfully acquires copyright from the author of the described software?
- A.
The author is an employee whose job responsibilities include writing tutorials. He creates a presentation that transforms a paper-pencil tutorial into an interactive online tutorial.
- B.
The author is hired to write a slide presentation for an online tutorial. He signs a contract, but it does not mention copyright or work-for-hire.
Correct Answer
A. The author is an employee whose job responsibilities include writing tutorials. He creates a presentation that transforms a paper-pencil tutorial into an interactive online tutorial.Explanation
Authors of works typically own the copyright of what they produce, however an important exception to the Copyright Act of 1976, 17 USC 201(a) is the “work for hire” doctrine. This exception applies when a certain type of work is created as part of a person’s job (that is, a product they were hired to create on a regular basis) or when that work was specially ordered and agreed upon – before beginning the work – that it is a work for hire. For more on this see the U.S. Copyright Office’s “Copyright Basics” and “Registration of Online Works”: http://www.copyright.gov/circs/circ01.pdf and http://www.copyright.gov/circs/circ66.pdf.Rate this question:
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- 4.
Faculty and student use of someone else’s work Which of the following resources will help you determine if the reproduction of a particular work is considered “fair use” which allows you some use of another’s work (you may choose more than one answer)?
- A.
CONFU (Conference on Fair Use) Guidelines - http://www.utsystem.edu/ogc/IntellectualProperty/confu.htm
- B.
Four Factor Fair Use Test - http://www.benedict.com/Info/FairUse/FairUse.aspx
- C.
Code of Best Practices in Fair Use for Online Video - http://www.centerforsocialmedia.org/fair-use
- D.
Lolly Gasaway’s chart on public domain works - http://www.unc.edu/~unclng/public-d.htm
Correct Answer(s)
A. CONFU (Conference on Fair Use) Guidelines - http://www.utsystem.edu/ogc/IntellectualProperty/confu.htm
B. Four Factor Fair Use Test - http://www.benedict.com/Info/FairUse/FairUse.aspx
C. Code of Best Practices in Fair Use for Online Video - http://www.centerforsocialmedia.org/fair-useExplanation
The correct answers are A, B and C – but not D since the fair use guidelines relate only to copyrighted materials. Our rights as faculty or as students include the ability to use copyrighted material for limited though various purposes such as for scholarly comment, teaching and learning, critical analysis or news reporting. You can create an interactive chart for free at http://www.benedict.com/Info/FairUse/Visualizer/Visualizer.aspx that helps determine whether or not your use of another’s work falls under the “fair use” exception to copyright. (If your score is 50 or higher, you can upload your chart to YouTube for publication; see more on this at http://www.benedict.com/Info/FairUse/Visualizer/YouTubeVisualizer.aspx.)Rate this question:
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- 5.
Using multimedia Which uses of multimedia are NOT permitted under copyright law (choose one answer)?
- A.
Displaying in our college classroom a multimedia presentation (that contains others’ works) to help us learn a concept.
- B.
Using small amounts of others’ works while commenting on them and noting the authors and sources.
- C.
Making a DVD of a multimedia work containing others’ works from the Internet and distributing multiple copies to your friends.
Correct Answer
C. Making a DVD of a multimedia work containing others’ works from the Internet and distributing multiple copies to your friends.Explanation
Whenever someone posts anything to the Internet the assumption should be that the material is copyright protected. However, it is considered fair if the use of the copyrighted materials is limited to educational purposes - certainly not for commercial purposes - and the choice of material is not very long. Of course, it’s always best to try and obtain written permission in advance for the use, even if limited, of someone else’s work. For more on this, see the Stanford University Libraries, Copyright & Fair Use website: http://fairuse.stanford.eduRate this question:
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- 6.
Work “for hire” and the academic world True or false? An author cannot sue a faculty member who uses the author’s work improperly because the faculty member is just an employee doing his or her job.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Yes, individuals in a university are liable for their improper use of someone else’s work. It is usually best for the faculty or student to be careful about getting permission from an author and not to rely always on a claim of “fair use” in educational settings. The author may want to commercialize the work (or may have already) – or the faculty member and student may want to publish the collection of work. Being clear about who owns the material and how it can be used is critical. For more on this see Clemson University’s Center for Academic Integrity, case studies to talk about: http://www.academicintegrity.org/educational_resources/educational_materials/casestudies.php.Rate this question:
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- 7.
Fair Use and publishing one’s work True or false? The scope of fair use for educational uses is the same as the scope of fair use for commercial publishing.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
If a work is offered in the public domain, then there are not copyright restrictions. However, when copyright applies, there is a wide range of licensing options to protect creative expression – the most restrictive of which is for commercial publishing purposes. In a college class, you will be creating original works of scholarship. If you are not sure if you are producing an original work, consider the criteria for authorship described by the UK Office of Research Integrity (http://www.research.uky.edu/authorship.html). If you’re still not sure, review the definition of plagiarism as defined by the UK Senate Rules and explained on the UK Ombud’s website (http://www.uky.edu/Ombud/Plagiarism.pdf) or call the Academic Ombud at 859-257-3737. You can post a license on your work so that others can see most clearly how you intend for them to use your work appropriately. For more on how to make sure your class project is your own work and you are properly attributing ownership of others’ works, see the Creative Commons site, “Before Licensing”: http://wiki.creativecommons.org/Before_Licensing.Rate this question:
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- 8.
Getting permission Which one(s) of the resources below will help you get permission to use someone else’s work?
- A.
Copyright Clearance Center
- B.
Publications Rights Clearing House
- C.
Music Research Consultants
- D.
Motion Picture Licensing Corp.
Correct Answer(s)
A. Copyright Clearance Center
B. Publications Rights Clearing House
C. Music Research Consultants
D. Motion Picture Licensing Corp.Explanation
correct answer is A, B, C and D - all of the above. See more on getting permission to use someone else’s work at http://utsystem.edu/ogc/intellectualproperty/permissn.htm.Rate this question:
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- 9.
Public domain Which of the following works can you be certain is in the public domain? (You may choose one answer, more than one answer, or none.)
- A.
A book published in 1917
- B.
Digital images of the earth created in 1993 by NASA
- C.
A family photograph created in 1890
- D.
A movie published in 1935 in which copyright was not renewed
Correct Answer(s)
A. A book published in 1917
B. Digital images of the earth created in 1993 by NASA
D. A movie published in 1935 in which copyright was not renewedExplanation
The correct answer is A, B and D – the family photograph may be restricted in its use by the family who inherited the photo. See Lolly Gasaway’s chart “When Works Pass into the Public Domain” at http://www.unc.edu/~unclng/public-d.htm.Rate this question:
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- 10.
Using multiple pre-existing works made by other peopleWhich case allows you to use pre-existing works made by other people or when you are working in conjunction with other people to create something of your own? (Choose one or more answers.)
- A.
You want to use a non-commercial use Creative Commons license on your wiki which includes oral history interviews from an archive where the interviewee gave unrestrictive use of the interview content.
- B.
You and your classmate agree to co-author a combined list of annotations for a bibliography of resources and write this up in the introduction to the bibliography; then, you collaborate on gathering images from the Internet that best illustrate the bibliographic entries.
- C.
Your blog doesn’t have a copyright notice and an anonymous user adds a comment that links to a diary digitized and reproduced by the Kentuckiana Digital Library (where the copyright notice is displayed and explained).
Correct Answer(s)
A. You want to use a non-commercial use Creative Commons license on your wiki which includes oral history interviews from an archive where the interviewee gave unrestrictive use of the interview content.
C. Your blog doesn’t have a copyright notice and an anonymous user adds a comment that links to a diary digitized and reproduced by the Kentuckiana Digital Library (where the copyright notice is displayed and explained).Explanation
It is not clear that the images for the bibliography will come from sites that allow free re-use of their images. The other cases show the importance of allowing for the growth of a culture of creative exchange of original works. Scholars rely on each other to keep their ideas fresh and well-honed. We want others to have access to our work and use it. Lawrence Lessig of Harvard University asks us to think more broadly about knowledge – and how important it is to everyone’s future. So, instead of creating a work with “all rights reserved,” offer up your original work with “some rights reserved” (as in Creative Commons) or free for anyone to share or to remix and share. See Lessig, “Getting our Values around Copyright Right,” EDUCAUSE Review, vol. 45, No 2 (March/April 2010): 26-42.
Final Thoughts:
If you’re not sure about the research you are doing and you think you may need some help with how the materials can be used, contact a U.K. reference librarian via email, phone or instant messaging (Ask-A-Librarian, http://www.uky.edu/Libraries/page.php?lweb_id=15). For further clarification of the copyright law, please contact the UNIVERSITY LEGAL COUNSEL AT 257-2936.Rate this question:
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Jan 17, 2013Quiz Edited by
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Aug 25, 2010Quiz Created by
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