Casebook

Casebook

'''THIS CASEBOOK IS CURRENTLY A WORK IN PROGRESS. DO NOT ACCEPT THE SUGGESTIONS HERE AS FINAL ANSWERS.

None of the information presented below should be considered legal advice in any way. If you are in need of counseling on copyright or any other form of law, please seek the advice of a licensed attorney.'''

Purpose of the Casebook
 * The Casebook is meant to help guide you, the dScribe, in making better recommendations about how to clear a particular content object. There is also the [[Media:WORKFLOW.pdf|RAD (Recommended Action Decision) Tree - handout]] to assist you in recommending actions. But when it is tough to know what action to recommend, the Casebook helps to provide you with more insight about what to do next.  If you are still unsure, never hesitate to contact your dScribe2 with questions.


 * Note: We are not determining whether or not the use of the image is a Fair Use with this Case Book. Instead we are determining whether or not the content object is protected by US Copyright law. If you feel that your particular use could fall under Fair Use then recommend a Retain/Copyright Analysis and give reasons why.  Your dScribe2 will then analyze the Fair Use case and agree with your recommendation or not.

Format of Casebook
 * 1. The Casebook is organized into separate sections based on content type classifications (e.g. Artwork, Photographs, Illustrations, etc.)


 * 2. Each section contains example content objects drawn from the U-M OER clearing process or our review of U.S. copyright case law.


 * 3. Each example content object has an associated rationale / explanation that outlines why the object either falls under copyright or why it may be exempt from copyright. We provide both a general summary regarding this analysis and a more advanced explanation, which includes references to decisions of U.S. copyright cases. Finally, we suggest a recommended action to take in clearing the object.

How to Use the Casebook
 * 1. Take a content object from a given course material and classify it according to its content type. (Use the Content Object Identification Instructions if you need assistance).
 * 2. Next, compare your content object to the examples you see presented.
 * Ask yourself, does my content object look more like this content object or like that content object?
 * 3. Once you decide, review the explanation / rational box to learn more about how our team thinks about the content and whether a similar rationale might apply to your object.
 * 4. Consult the Recommended Action section and if you agree, return to OERca and make the given recommendation. Add any additional metadata and note that you have used the Casebook in the Comments field.
 * Note: A dScribe 2 may review the content object and provide feedback on your suggestion.
 * 5. If you have a more specific interest in our analysis, consult the Advanced explanation section to review the case law and other commentary we have used to come to our particular determination.

=Casebook=

General Statements

 * Content Objects that you can use with a "Retain:Permission" reasoning include:
 * COs that are in the public domain
 * This includes scans of public domain works (text or image).
 * COs that are licensed using an Open Content License.
 * COs that are created by a professor/instructor that has given permission to Open.Michigan to use their material in the production of OER.
 * Ask your dScribe2 if you are unsure.

Pictorial Works
Pictorial works is a broad category that includes photographs, cartoons, illustrations, paintings, sculptural works, comics, charts, graphs, etc.

Charts
Charts, generally, are depictions of data in graphical form. Insofar as the chart exists to represent data, then it is not protected by copyright law. However, charts can contain elements that do enjoy copyright protection. For example, a chart explaining the rate of drug absorption into the bloodstream is probably not protected by copyright; the doodles on the side of that chart are. It is important to note that even though a chart has many colors or is complex, if those colors and complexity exist to explain the underlying data, then they are not protected by copyright law. Overall, we must be careful to remove all protectable elements from charts that we choose to publish.

Graphs
Graphs, generally, are depictions of data in graphical form. Insofar as the graph exists to represent data, then it is not protected by copyright law. However, graphs can contain elements that do enjoy copyright protection. For example, a graph showing the distribution of heights of a sample of adults is probably not protected by copyright; illustrations accompanying the chart may be protected. It is important to note that even though a graph has many colors or is complex, if those colors and complexity exist to explain the underlying data, then they are not protected by copyright law. Overall, we must be careful to remove all protectable elements from charts that we choose to publish.

Illustrations
Illustrations, generally, are drawings, graphics, diagrams, or other representations that convey information, meaning, or creative expression. There are many types of illustrations, and they merit varying degrees of copyright protection. As a general rule, illustrations that strictly seek to convey information, faithfully represent a process, or to lay out data in an understandable manner will be less likely to enjoy copyright protection than an illustration that is creative or expression.

Cartoons
Cartoons are drawings or other graphical illustrations that generally combine images and text to convey meaning. For the most part, cartoons are expressive, and will merit strong copyright protection. As such, we cannot generally publish cartoons in our materials.

Representations of Chemical Structures
Chemical structures are commonly represented as shapes, representing the chemical elements, connected by lines, representing the bonds between them. Representations of chemical structures are generally presented in a similar fashion, and they exist to convey the essential nature of the underlying chemical. As such, they do not enjoy copyright protection and are fine for our purposes. It is important to note that while chemical representations themselves are not protectable, there may be elements in them that are.

Computer Graphic
Computer graphics are illustrations created with the assistance of a computer. For the purposes of copyright law, there are no differences between computer illustrations and hand drawn images; both can be artistic and expressive, or utilitarian and functional. Rather than focusing too much on the medium in which the image has been created, it is better to analyze the nature of the illustration itself.

Sketch or Drawing or Diagram
For the purposes of copyright law, there are no differences between computer illustrations and hand drawn images; both can be artistic and expressive, or utilitarian and functional. Rather than focusing too much on the medium in which the image has been created, it is better to analyze the nature of the illustration itself.

Radiograph (X-Ray)
Radiographs, commonly known as x-rays, are images created by passing electromagnetic radiation though an object and into a photographic medium. Radiographs generally seek to represent the underlying subject matter as closely as possible, without any added creativity expression, and as such are not protected by copyright. However, it is important to note that radiographs can be used artistically, and when used in such a matter, merit copyright protection.

Microscopy Image
Microscopy images generally seek to represent the underlying subject matter as closely as possible, without any added creativity expression, and as such are not protected by copyright. However, it is important to note that microscopy images can be used artistically, and when used in such a matter, merit copyright protection.

Histology / Pathology Slide Image
Histology and pathology slides generally seek to represent the underlying subject matter as closely as possible, without any added creativity expression, and as such are not protected by copyright.

Ultrasound scan
Ultrasound scans generally seek to represent the underlying subject matter as closely as possible, without any added creativity expression, and as such are not protected by copyright. However, it is important to note that ultrasound scans can be used artistically, and when used in such a matter, merit copyright protection.

Photograph
Photographs are a very large and complex category, and they can possess varying degrees of copyright protection. If a photograph is artistic or expressive, then it will clearly enjoy strong protection. However, photographs that just convey the underlying subject matter as faithfully as possible may not possess the requisite spark of creativity, and may not be protectable.

Advertisements
Advertisements are a category of works, many of which are made up of illustrations, graphics, photographs. They should be analyzed by looking at their constituent parts. Generally, these types of works will enjoy copyright protection, and cannot be used for our purposes.

Book & Magazine Covers
Book and Magazine covers are a category of works, many of which are made up of illustrations, graphics, photographs. They should be analyzed by looking at their constituent parts. Generally, these types of works will enjoy copyright protection, and cannot be used for our purposes.

CD, Record, DVD, Movie, etc
CD, record, DVD covert, etc., are a category of works, many of which are made up of illustrations, graphics, photographs. They should be analyzed by looking at their constituent parts. Generally, these types of works will enjoy copyright protection, and cannot be used for our purposes.

Recording

 * Audio
 * Video

Text
Text can be a tricky category. First, writing itself is protectable. Secondly, the text in this image is arranged artistically and expressively. As such, this image merits copyright protection, and cannot be used for our purposes.

Trademark Uses
A trademark is a symbol or sign used to denote the origin of a good or service, by using trademarks, individuals or corporations ensure that consumers understand that the products or services they are buying come from a recognizable source. While not dissimilar, trademark protection is separate from copyright protection. For our purposes, we do not need to worry too much about trademarks. However, it is important to be aware that some trademarks are expression protectable under copyright law.