INEDUCATION

Copyright and Fair Use

Terri L. Gibson. (Aug, 2013)

THE EXCLUSIVE LEGAL RIGHT TO REPRODUCE, PUBLISH, SELL, OR DISTRIBUTE THE

MATTER AND FORM OF SOMETHING (AS A LITERARY,

MUSICAL, OR ARTISTIC WORK)

Copyright

(Merriam-Webster.com)

CopyrightFundamental Principals

Copyright law applies to nearly all creative and intellectual works.

Works are copyrighted automatically.

Copyright protection lasts for decades.

Works in the public domain (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)(KO CETV)

CopyrightThe Meaning of Copyright Ownership

 (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

• Owners hold specific rights but not all rights.

• Author is the copyright owner.

• Employer may be the copyright owner.

• Copyrights can be transferred.

• Copyright owners may allow public uses.

The Copyright Law

Copyright Law of the United States of America, full text:

http://www.copyright.gov/title17/

Education:• Section 107 Fair Use• Section 108 Reproduction & Distribution for

libraries• Section 109 First Sale Doctrine• Section 110 Display and Performance rights(Minow & Lipinski, 2003, pp. 19 - 58)

Copyright Law

Section 108The “Library Exception”

Which libraries are covered under this section?

Section 108 applies to most libraries. The library or archive must be “either open to the public or available to researchers in the field beyond its affiliated users.”

(Minow & Lipinski, 2003, pp. 40-41)

Copyright Law

Section 108The “Library Exception”

Libraries may make copies for…

1. Preservation and security for the library.2. Replacement of published works for the library.3. Reproduction for a patron of a serial or less than

whole part of a work.4. Reproduction for a patron of an entire or

substantial portion of a work. (Minow & Lipinski, 2003, pp. 41 – 42)

Copyright Law

Section 108The “Library Exception”

(Limitations)

• For nonprofit uses only• Personal copying by library staff is not

covered.

(Minow & Lipinski, 2003, pp. 42 – 43)

Copyright Law

Section 109Library Lending Exceptions and the First Sale Doctrine

A public school media center …May give or donate a copy of software to

another school.May not sell software.May not lend or sell electronic items.

(Minow & Lipinski, 2003, pp. 54 - 57)

Copyright Law

Section 110Performances and Displays

“face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction.” Students and teachers must simultaneously

be physically in the same building or general area.

Content of the material must be related to the curriculum of the specific class.

(Minow & Lipinski, 2003, pp. 57 - 60)(KOCETV)

Copyright Law

The TEACH ActExpanded Rights for Distance Learning

Limitations:

1. Must be working at an accredited non-profit school.

2. Legally acquired materials and citations provided.3. Accessible only to students in the class. 4. Mediated instruction.5. Not archived. 6. Material not normally purchased by the student.7. School copyright policy in place and teaching it.

(KOCETV)

A LEGAL DOCTRINE THAT PORTIONS OF COPYRIGHTED MATERIALS MAY BE USED

WITHOUT PERMISSION OF THE COPYRIGHT OWNER PROVIDED THE USE IS

FAIR AND REASONABLE, DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF

THE MATERIALS, AND DOES NOT CURTAIL THE PROFITS REASONABLY EXPECTED BY

THE OWNER

Fair Use

(KOETV)(Merriam-Webster.com)

Fair use

Are you within fair use?

Consider these four factors:

1. Purpose and character of the use

2. Nature of the copyrighted work

3. Amount and substance of the portion used

4. Effect upon the potential market( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

(KOCETV)

Favoring Fair Use Opposing Fair Use

Teaching (includes copies for classroom use)

Research Scholarship Nonprofit edu. institution Criticism Comment News reporting Transformative or

productive use Restricted access Parody

Commercial activity Profiting from the use. Entertainment Bad-faith behavior Denying credit to

original author

Fair Use ChecklistPurpose

( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

Favoring Fair Use Opposing Fair Use

Published workFactual or nonfiction

based Important to favored

educational objectives

Unpublished work Highly creative work

(art, music, novels, films, plays)

Fair Use ChecklistNature

( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

Favoring Fair Use Opposing Fair Use

Small quantityPortion used is not

central or significant to entire work

Amount is appropriate for favored educational purpose

Large portion or whole work used

Portion used is central to or “heart of the work”

Fair Use ChecklistAmount

 (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

Favoring Fair Use Opposing Fair Use

User owns lawfully purchased or acquired copy of original work

One or few copies made No significant effect on

market or potential market No similar product

marketed by the copyright holder

Lack of licensing mechanism

Could replace sale of work Significantly impairs market

or potential market for the work or derivative

Reasonably available licensing mechanism for use of the work

Affordable permission available for using work

Numerous copies made You made it accessible on the

Web or in other public forum Repeated or long-term use

Fair Use ChecklistEffect

( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

Fair Use

The Common Sense Factor

Be responsible. Don’t do anything to harm the copyright holder.

Are you causing the copyright holder to lose sales?

Is the product diminished by your use?

Are you helping kids learn?

(KOCETV)

Fair Use

Other Rights

Activities within fair use are not infringements.

One of many statutory rights to use copyrighted works.

Uses are also allowed with permission.

Applies to domestic and foreign works( Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

Multimedia Project Uses

Multimedia Permitted

Students for class projects

Teachers to create teaching materials

Legally acquiredNo pirated materialMust citeUse common sense

Motion mediaMusicText materialGraphicsIllustrationsPhotographsDigital software

Conference on Fair Use (CONFU)

(KOCETV)

Fair Use

General Guidelines(When permission is neither asked for nor given)

1. Motion media - 10% or 3 minutes maximum2. Text material - 10% or 1,000 words maximum3. Poems - all of 250-word poem, more from longer

poem 3 poems from same author 5 poems from different authors

4. Music, lyrics, music videos - 10% or 30 seconds maximum

5. Photographs & illustrations – all of work No more than 5 works/artist No more than 15 or 10% from any one

published work6. Copyrighted database or tables - 10% or 2500 field

entries

(KOCETV)

Copyright and Fair Use Websites and Resources

Copyright Law of the United States (full text: http://www.copyright.gov/title17/

Columbia University’s “Copyright, Fair use and Education” and ‘Fair use in education and Research”: http://copyright.columbia.edu

Copyright Clearance Center: http://www.copyright.com/

“Copyright for Educators” six-part series by KOCETV: www.youtube.com

CONFU: Conference on Fair Use – Final Report http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf

The Teacher’s Guide to Copyright and Fair Use by Edudemic: http://www.edudemic.com/guides/guide-to-copyright/

Creative Commons: http://creativecommons.org/

Copyright-friendly images for education: http://pics.tech4learning.com/

Copyright-friendly music: http://freeplaymusic.com/ (Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

References

Center for Digital Research and Scholarship. Columbia University libraries/Information Services. Retrieved

August 21, 2013, from copyright.columbia.edu/copyright/

Copyright. (n.d.). Merriam-Webster.com. Retrieved August 21, 2013, from

http://www.merriam-webster.com/dictionary/copyright

Fair use. (n.d.). Merriam-Webster.com. Retrieved August 21, 2013, from

http://www.merriam-webster.com/dictionary/fair use

Image 1. Retrieved from http://www.uniondocs.org/wp-content/uploads/2011/09/fairusediagram.jpg

Image 2. Retrieved from http://www.anderson5.net/cms/lib02/SC01001931/Centricity/Domain/388/

copyright.png

Image 3. Retrieved from http://www.russianmachineneverbreaks.com/wp-content/uploads/creative

CommonsBig.jpg

Image 4. Retrieved from https://www.efa.org.au/main/wp-content/uploads/2013/06/197px-

Fair_use_logo.svg_.png

KOCETV. Copyright for educators. Retrieved August 21, 2013, from www.youtube.com

Minow, M. & Lipinski, T. (2003). The library’s legal answer book. Chicago, IL: American library Association.