I joined the Penn State University Libraries earlier this term and have been enjoying getting to know the university. As Scholarly Communications Outreach Librarian, I provide the following services:

• Consultations with faculty, students, and staff about scholarly publishing, including fair use, permissions, and negotiating publishing contracts
• Support for university researchers complying with funder public access and open access policies
• Open workshops on scholarly publishing and copyright (also available on demand for university units and groups)
• Reference consultations on copyright

To book a consultation with me, please use the “Schedule Appointment” option on this site. To contact me and the rest of the libraries’ copyright, publishing, and open access experts, please use the request form.

I will be holding several open workshops over the coming weeks. To learn more or register, please navigate to LRN using the links below:

• Copyright for Scholarly Authors
  • November 1 (Thursday), 2:00 to 3:00 p.m., Pattee W-315
  • November 5 (Monday), 2:30 p.m. to 3:30 p.m., Zoom
• Complying with the NSF Public Access Policy
  • November 6 (Tuesday), 12:30 to 1:00 p.m., Zoom
• Negotiating Publishing Contracts
  • November 8 (Thursday), 3:00 p.m. to 4:30 p.m., Pattee W315
  • November 14 (Wednesday), 3:00 p.m. to 4:30 p.m., Zoom
• Introduction to Copyright
  • November 15 (Thursday), 1:30 p.m. to 3:30 p.m., Pattee W-315

Getting third party websites to remove your course materials

PSU Faculty often contact the Office of Scholarly Communications and Copyright and/or the General Counsel’s Office for assistance in getting course materials removed from online sites. Of note:

1. PSU cannot make the request on your behalf, if you own the material: Unless the course is for World Campus, created pursuant to a written agreement between the faculty/staff member or the unit, or if the work is considered University-directed by the standing policy of the unit, the faculty member owns the copyright in instructional IP. (See IP01 and IP03 for further clarification)
2. Students have the right to take and share non-infringing notes: Further, “A registered student lawfully may take original hand written or typed notes during an oral lecture presentation and may sell those notes in the free marketplace. The notes may be subject to copyright protection, provided the notes represent an original work of authorship, but any such copyright would not impact in any manner on the faculty member’s ownership of the subject matter presented orally, nor the hard copy materials presented and/or distributed during the lecture.” (AD40)

You may want to check with your chair to confirm that it’s the policy of your unit that you own the rights in a particular set of instructional materials or courseware before taking action.

Many faculty members allow the sharing of their instructional materials as OER, but wish to prohibit the sharing of assessment materials, including rubrics, quizzes, tests, etc. Faculty members may want to remind students that they do not have permission to post prohibited materials on course-sharing or other websites.

Sites where course materials are often shared

Course Hero http://www.coursehero.com/
Fratfolder http://fratfolder.com/
Rock My Midterm http://rockmymt.com/
ScribD http://www.scribd.com/
Notehall http://www.notehall.com/
Koofers http://www.koofers.com/
CampusBuddy http://www.campusbuddy.com/

HOW TO REQUEST THE REMOVAL OF INFRINGING MATERIAL

To have materials removed from a web site under the Digital Millennium Copyright Act (DMCA), the copyright owner or agent must write to the infringing site’s DMCA agent and/or Internet Service Provider (ISP) and file a valid takedown request. The notice must include the information specified in 17 U.S.C. 512(c).

Consequences Of Filing A False DMCA Takedown Request

Do remember that DMCA notices should not be sent for content to which you do not own the copyright, including non-infringing student notes.

• Criminal sanctions may apply to senders of false DMCA takedown requests because the requests are sent under the penalty of perjury.
• Monetary sanctions may apply to senders of DMCA takedown requests where no copyright infringement is found, including where a fair use of material has been made.

Sample DMCA Takedown Notice

Here’s a sample [Also downloadable as a Word Document]

[Insert Date] 

[Insert name, address, and email of DMCA Agent for Infringing Entity]

As of August 2017, the DMCA Agent for Course Hero is:

Terry Park

Course Hero, Inc.

1400B Seaport Blvd.

Second Floor

Redwood City,  CA  94063

Phone: 888-634-9397

Email: dmca@coursehero.com

RE:  NOTICE OF COPYRIGHT INFRINGEMENT

Dear [Insert Name of Registered Agent (i.e., Mr. Park)]:

It has recently come to my attention that [Company Name and URL (i.e., Course Hero (www.coursehero.com)], in violation of U.S. copyright laws, reproduces, displays, distributes, and hosts my copyrighted works without my authorization.  This communication serves as official notice of copyright infringement pursuant to the Digital Millennium Copyright Act (”DMCA) 17 U.S.C. § 512(c).  I am providing this notice in good faith and with the reasonable belief that my rights, as the exclusive rights holder, are being infringed.

I am the owner and exclusive rights holder of the following copyrighted material(s) that is(are) posted without authorization on your website.

Option 1:  When one URL covers multiple copyrighted works, you may provide that single URL and identify representative documents.  Use the following sentence: 

“Given that there are multiple infringements of my copyrighted works at a single URL on your site, I am required to provide only a representative list of the infringed works (§ 512(c) (3) (A) (ii), (iii)):   [Insert URL and then a list of the titles of representative documents]”

To avoid a back-and-forth with the copyright infringer, we suggest listing ALL documents, if possible.

Option 2:  If the copyrighted material are at separate URLs, you need to provide the URL for each individual document that is infringed.  Use this sentence: “The infringed works are located at the following URLs (§ 512(c) (3) (A) (ii), (iii)):  [Insert URL and list of the infringed titles; Insert URL and list of infringed titles description; repeat until all URLs and titles are provided.]”

I confirm that the information in this notification is both true and accurate, and under penalty of perjury, that I am the owner of the copyrighted material identified above.

Please be advised that upon receipt of this notice, you, as the designated agent of [Insert Company Name (i.e., Course Hero, Inc.], must respond expeditiously to remove or disable access to the materials identified above as being the subject of infringement. Please provide me, within seven (7) days of this notification, written assurance that [Insert Company Name (i.e., Course Hero, Inc.] will comply with my request.  Should you wish to discuss this matter with me, please contact me directly at the following address/email.

[Your Name]

The Pennsylvania State University

[Your Office Mailing Address]

University Park, PA 16802

Telephone:

Email:

I look forward to your prompt attention to this matter.

Sincerely

[Insert electronic signature]( i.e., /Name/”)

[Insert name]

Receive a notice of infringing activity from Security Operations and Services?  What does it mean?

It’s against University Policy to distribute infringing files using the network. Typically users receive this type of notice because they’ve been distributing an infringing file over the PSU network, most frequently using file-sharing software.

But I only downloaded a file?!

Most file-sharing software is set to default to “seeding” – when you download a file you also become a distributor of that file. Regardless of whether you distributed or downloaded, it’s still a violation of PSU Network Policy

The use of your network connection for any activity that violates any local, state, federal, or international law, order or regulation is a violation of this policy.

Prohibited activities include, but are not limited to:

• Posting or disseminating material which is unlawful (such as child pornography or obscene material).
• Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.
• Pyramid or other illegal solicitation schemes.
• Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.

What does the notice say?

Security Operations and Services received a complaint from a copyright holder concerning file(s) that were being distributed, not downloaded, via network access or a web space on the Penn State network. The network access or web space was associated with your Penn State account.

In accordance with Penn State Policy IP05 and the Digital Millennium Copyright Act (DMCA), you must remove the file(s) expeditiously.

Your primary affiliation with the University has determined whether you have already been referred to the Office of Student Conduct (OSC) or the Office of Human Resources (OHR). The relevant office will contact you as soon as possible. Any questions you have should be directed to the appropriate office (OSC or OHR).

The University will temporarily block your access until the appropriate office removes the suspension.

What do I do next?

• Remove the file! Your notice will contain information about the identified file. You should remove all infringing files from your computer and prevent them from being distributed through your file sharing software.
• Don’t use file sharing software using PSU networks
• Wait for contact from OSC or OHR, as appropriate.

What’s the best way to avoid this in the future?

• Only download legal media! That means openly licensed or paid licenses like iTunes, Pandora, and Spotify, and Amazon, Netflix, Hulu, etc.

Did you know you can use Interlibrary Loan (ILL) to borrow materials through the Penn State Libraries that the Libraries do not have in their holdings? And if you’re at University Park, you may also use ILL to request UP Faculty & Staff office delivery of items?  If you’ve ever been discouraged that the Libraries don’t subscribe to a particular database or journal that contains that one journal article you really need, this is the service for you! Just fill out the ILL form with as much information as possible so the Libraries can attempt to fulfill your request.

Items that I have received through ILL in the past year include:

• out of print theological tomes
• microfilm business records of a women’s art collective from the 1970s held in the National Archives of Art
• a German language newspaper from the 1930s

By registering to use interlibrary loan services and submitting requests for materials, users accept responsibility for complying with United States Copyright Law.

WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of those specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research”. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use”, that user may be liable for copyright infringement.

This institution reserves the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would involve violation of copyright law.

The ILL unit uses specialized software to track borrower requests and to comply with the law. Where providing the copy exceeds the restrictions of copyright law, other arrangements are made to serve the request.

Even better, ILL will deliver PSU Libraries holdings straight to your office at University Park.

Visit PSU Libraries Interlibrary Loan page to get signed up! Here’s some additional information below.

Items that may be requested through ILL

• Loans of Books
• Copies of Journal and Newspaper articles  (ILL reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.)
• Loans of Dissertations/Theses
• Loans of Newspaper Microfilm
• Loans of older journal volumes

U.P. Faculty/Staff Office Delivery

Office delivery is available to University Park Campus faculty and staff. Circulating material from the Libraries and Interlibrary Loan will be delivered to your departmental address via campus mail.

This service is available to faculty and staff who are registered with the Libraries and are in good standing. Materials should be delivered to your office within 3 – 4 business days.  To ensure proper delivery of materials, please review your address information in your Library Accounts.

There are several changes when using this service:

• You will receive a system-generated notice that your material is being sent.
• Material will be checked out to your library or ILLiad account prior to being placed in campus mail.  Due dates for restricted loan materials, such as DVDs, will be based on the date checked out, not the date received (see note about DVDs below).
• Material will be delivered to the departmental office address you provided in your CAT and ILLiad accounts.

1. Why register my copyright?
   1. Copyright subsists in protectable works upon creation. However, copyright registration confers certain benefits for copyright owners, including the ability to bring suit against infringers.
2. When should I register the copyright?
   1. You can register a copyright at any time. However, applying to register the copyright in your work within 3 months of publishing it creates a presumption of validity in the copyright (assuming everything else is proper).
3. Should I use a service to register a copyright?
   1. In short – no. Copyright registration is relatively simple and may be done online.
   2. However, if you seek to protect your personal information, including your address, you may wish to consider such a service.
4. Privacy & Copyright Registration
   1. The information you provide the Copyright Office is part of the public record. If you include your home address in the registration, that is part of the public record. If you use your email address – also part of the public record.
   2. You can use a third-party agent (i.e., a copyright registration service), a post office box, a single-purpose email address that forwards to your regular address, etc.
5. What do I need to register a copyright?
   1. The application form
   2. Nonrefundable filing fee ($35 for sole authors of a single work, $55 for others, $85 for a paper application)
   3. Nonreturnable deposit (copies of your work)
6. How do I apply to register my copyrighted work online?
   1. You may apply to register a work using the online system through the US Copyright Office.  The Copyright Office maintains screen-by-screen tutorials of how to use the online registration system.
   2. You will make an online payment of your nonrefundable filing fee.
   3. Upload your work via the system or print out a mailing slip to deposit a physical copy of your work.
7. What kinds of copyrighted works can be registered online?
   1. Literary Works
   2. Visual Arts
   3. Sound Recordings
   4. Performing Arts
   5. Motion Pictures and other Audiovisual Works
   6. A single issue of a serial.
   7. Group submissions – this category is most important for registration of periodicals (serials like newspapers and magazines and dailies). These may also be registered via paper form.
   8. Any other item must use a paper form!
8. How do I apply to register a work on paper?
   1. Use the forms provided by the Copyright Office.
9. When do I need to use a paper form?
   1. Renewals
   2. Corrections/additions
   3. Vessel Hull Designs
   4. Mask Works
   5. Registrations for copyrights restored by the 1994 URAA
   6. groups of photographs (by a single photographer in the same calendar year).
10. What happens when I register my copyright?
    1. Your registration, once approved, is effective on the date all materials were received by the Copyright Office (the form, the deposit, and the fee).
    2. Your copyright registration is assigned a number and a certificate of registration is issued.
    3. Your registration appears in the Copyright Office’s records as evidence you have registered your copyright.

The Open Educational Resource (OER) Task Force is seeking partners to pilot the use of OERs in their course(s) this fall. Any faculty who have used or are interested in using OERs are encouraged to consider participating.

The task force is using the UNESCO definition of OER:

Open Educational Resources (OERs) are any type of educational materials that are in the public domain or introduced with an open license. The nature of these open materials means that anyone can legally and freely copy, use, adapt and re-share them.

Interested faculty should contact Joe Salem (jsalem@psu.edu) for more information.

The Penn State Libraries will participate in the first Keystone Digital Humanities Transcribathon!

This event will be held on Wednesday, April 15th from 4:00pm – 7:00pm and is open to the University community and the public.  Participants from across PA will meet virtually and in person to transcribe personal and institutional archival materials – so come and join in the fun!

On Penn State’s University Park Campus, we will gather in 23 West Pattee Library to transcribe the Milton Lytle Civil War Era Diaries.

For more info, visit: https://georgelovesbooks.wordpress.com/2015/04/11/keystone-dh-transcribathon/