1	Terminology and Copyright Sue Ellen Wright Kent State University TILP Ask the Experts Workshop Issues in Terminology Management
2	Copyrightability: Protected primary works Architecture and the applied arts Photographic, cinematographic, and video works Derivative works, e.g., adaptations and translations Compilations
3	Disclaimer
4	The Purpose of Copyright Protection: The US Constitution: “The Progress of Science and the Useful Arts”
5	Primary “Players” AUTHORS Originators of intellectual property (works) USERS Readers, scholars, people who cite documents, etc.
6	Secondary Copyright Holders Publishers, licensees Distribution centers Collecting societies Agents
7	The Role of the Terminologist As user of copyrighted material As author of potentially copyrightable databases Vis-à-vis collecting societies, agencies, publishers, etc.
8	The Terminologist’s Role as USER Reuse of textual material (text chunks) for: Definitions Context! Explanatory notes and other support materials
9	As Author (Originator, Creator) Terminological collections viewed as compilations: Works “formed by the collection and assembling of pre-existing materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship”
10	Copyrightability: Not Protected Copyright does not protect: Information and ideas Names (which can be covered by trademark and trade name laws) Lists of observations
11	Copyrightability: Not Protected Copyright does not protect: Words and idioms (collocations and phraseological units) Short utterances such as sentence fragments or single sentences Databases consisting solely of facts, such as telephone directories
12	Copyrightability: Basic Principles of Protection The original expression and arrangement of knowledge. Personal original intellectual creation Individual or corporate author Works fixed in a tangible medium The printed page (or hand-written, typed, etc.)
13	Copyrightability: Protection by Genre Audio or visual media Film, video, records, tapes, compact disks Other carriers or embodiments of the original work (e.g., sculptural reproductions, castings, prints) Beginning of copyright protection: when the ink dries on the paper
14
15	Copyrightability: Protected Primary Works Works of literature, science, and art, e.g., novels, textbooks, essays, and speeches Musical works and sound recordings Choreographed works (ballet) and pantomimes Visual arts, e.g., paintings and sculpture
16	Authors' Moral Rights Civil law intellectual property rights vs. Authors' moral rights (non-transferable personal rights) Right of publication Right to be recognized as the author of a work Right to prevent misrepresentation or unauthorized modification of a work
17	Anglo-American Copyright Fully transferable rights to exploitation of works Right to reproduce the work Right to prepare derivative works Right to distribute copies (right of first sale) Right to perform the work publicly Right to display the work publicly
18	Limits to Copyright Protection Term of copyright: the author's life plus 70 year extension* (Varies according to national and regional law) *Actually, there are several different factors that apply, so you need to check details in any given case.
19	Limits to Copyright Protection Fair use and your termbase Purpose and character: For educational or scholarly purposes Nature of the copyrighted work: Creative work or informational? Amount and substantiality: Minimal excerpts with citations Effect on potential market for protected work: Basically non-commercial Problems arise if you want to market or share your resources
20	European Database Directive (96/9/EC of 1996-03-11) The sui generis right of 1996 covering non-copyrightable database information: Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations, shall be protected as such.
21	European Database Directive (96/9/EC of 1996-03-11) Such protection, which shall not extend to the data or material itself, shall be without prejudice in any copyright subsisting in the data or material itself. (GATT 1994) Term of Protection: 15 years, plus renewal for a “substantial verification”
22	Copyrightabilty of Terminology According to Data Category Not covered: Terms and symbols never covered Definitions and descriptive texts usable under fair use practice
23	Copyrightabilty of Terminology According to Data Category Possibly covered: Compilation component & linkages Database component under sui generis provisions Content not covered
24	Copyrightabilty of Terminology According to Data Category Data type concerns: Photos and drawings or parts thereof definitely are covered Some types of formulas are covered
25	Digital Environments The flow of free information vs. the free flow of information The dissolution of form and fixed expression Manipulation, modification, fragmentation Sampling Unlimited copy capability
26	Digital Environments Machine-Readable Terminology Interchange Format Mutability of the entry format from source to target database Loss of data from category-rich to category-poor systems Stable factor: linkages, the relative integrity of relationships within the term entry
27	Basic Units of Intellectual Property Defining basic units Arbitrary units of pre-specified lengths Logically defined units (individual data categories or parts thereof) Rugged identification
28	Basic Units of Intellectual Property Steganography, (Digital finger-printing or digital watermarking) Advantages Data security Data protection Accounting Product liability
29	Standards For Identification ISO ISBN - International Standard Book Numbering (ISO 2108) ISSN - International Standard Serial Numbering (ISO 3297)
30	Standards For Identification ISRC - International Standard Recording Code (ISO/DIS 3901) ISRN - International Standard Technical Report Number (ISO 10444) ISMN - International Standard Music Number (ISO 10957)
31	Collecting Societies International Confederation of Societies of Authors and Composers (CISAC): International Standard Work Code The International Article Numbering Association (EAN) Electronic data interchange (EDI) standards
32	Copyright Ownership The position of literary translators Retention of copyright for literary translations as derivative works Share in author’s royalties for translated works Standard PEN contract for literary translation
33	Copyright Ownership Salaried Employees Independent Contractors & “Work made for hire” Defined scope of work Undefined scope of work Confidentiality Client relations
34	Copyright Ownership The position of university personnel and students The position of in-house translators The position of freelance translators Open dissemination of information Example: The Microsoft GUI Guide, online glossaries
35	For More Information Sue Ellen Wright Institute for Applied Linguistics Kent State University 109 Satterfield Hall Kent, Ohio 44242, USA sellenwright@gmail.com