Copyright LawA Guide for Educators
Jolene Hartnett, RDH, BSSeattle Central College
© 2015
Certain materials in this program are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.
Upon completion of this tutorial the educator will be able to:• Define copyright• Define key concepts associated with copyright• Explain the term “fair use” as it relates to copyright• Evaluate and analyze for fair use by using a fair use evaluation tool• Identify resources that do not require copyright permission and
those that do• Describe how to obtain copyright permission• Explain the consequences of copyright infringement
Copyright Definition• A form of protection provided by the laws of the United States
(title 17, U.S. Code) to the authors of “original works of authorship, “ including literary, dramatic, musical, artistic, and certain other intellectual works (Source: U.S. Copyright Office)
Key Copyright Concepts• Attribution• Copyright Infringement• Copyright Owner• Copyright Notice• Creative Commons• Public Domain• Fair Use
ATTRIBUTION• Giving credit to an author by citing or noting who is responsible for
the information • Giving credit does not substitute for having permission to use
copyrighted material
COPYRIGHT INFRINGEMENT• Copying, displaying, or distributing copyrighted material without
permission from the owner• Infringement is punishable by law
COPYRIGHT OWNER• The person or entity with sole right to reproduce, distribute,
perform, or display copyrighted material• Creator of the material
COPYRIGHT NOTICE• The familiar symbol (©) indicates copyright• Does not need to be present to protect a work
CREATIVE COMMONS• An alternative to copyright that allows the creator of a
copyrightable work to offer a license that specifies the conditions for its use
• Offers a way to share content while protecting ownership• Promotes creativity and sharing
PUBLIC DOMAIN• Materials that are not protected by copyright• Works may be in the public domain because they are not eligible to
be copyrighted, the copyright term has expired, or the owner has given up copyright
• Free for public to use• All work published in the U.S. prior to 1923• Published works after 1978 = Life + 70 years
FAIR USE • A legal doctrine that promotes freedom of expression by
permitting the unlicensed use of copyright-protected works in certain circumstances.
• The privilege of others, other than the owner of a copyright, to use the copyrighted material in a reasonable manner without the consent of the author.
• One of the exceptions of copyright which allows use of copyrighted materials without obtaining permission as long as the use can be considered fair
• Application of 4 factors
Fair Use Factors
#1 The purpose and character of the use#2 The nature of the copyrighted work#3 The amount or substantiality of the portion used#4 The effect of the use on the potential market for or
value of the work
Fair Use Analysis
• Balanced application of all 4 factors
• User must make a good faith determination as to whether the use, in light of all 4 factors, can be considered fair use
• Use the Fair Use Analysis Checklist to make a good faith determination
Fair Use
#1
#2
#3
#4
Fair Use Analysis Checklist (Source: Purdue University Copyright Office)
Factor #1 Factor #2 Factor #3 Factor #4What is the purpose and character of the use?
What is the nature of the work to be used?
How much of the work will be used?
What is the effect of the use on the market for the work?
Favors Fair Use
Nonprofit Educational Personal Teaching Criticism & Comment Scholarship & Research News Reporting
Fact Published
Small Amount No Effect Licensing/Permissions
Unavailable
Favors Permission
Commercial For Profit Entertainment
Creative Unpublished
Large Amount Heat of the
Work
Major Market Effect Work is Made
Available to the World
Fair Use Analysis
Using the Fair Use Analysis Checklist:1. Check the appropriate box or boxes under each factor that
corresponds to your material in question.2. If the balance weighs in favor of fair use, the work can be used
without permission.3. If the balance weighs against fair use, permission must be
obtained.
Fair Use Analysis (Source: Purdue University Copyright Office)
It’s… If…Fair use 4 factors favor fair useMore than likely fair use 3 factors favor fair useMay be fair use 2 to 2 tie. User must assess
the risk
Not fair use 1 factor favors fair use
Instructor’s Guide to Copyright
What does not require copyright permission?• Links or citations to information in licensed library research
databases• Links or citations to information freely available on the Web• Information from the public domain, such as books published
before 1923, government publications, or information clearly marked “public domain”
• Open Education Resources that carry Creative Commons licenses• Original content that you created
Instructor’s Guide to Copyright
What requires copyright permission?• Pages copied from any book published after 1923• Articles copied from any print periodical or printed from an online
source• Anything with copyright notice
Anytime a copy is made of copyrighted material, copyright laws come into play. Instructors are responsible for clearing copyright permission for any materials included for instruction.
Instructor’s Guide to Copyright
If I need to get permission to use copyright protected work, how do I do it?• Find out who owns the copyright
• Look for the owner’s name with the copyright notice on the work• Search the Copyright Clearance Center (Copyright.com)• Contact appropriate licensing agencies
• Request permission• Through the Copyright Clearance Center• Use model letters to contact the owner directly- (Columbia University Library- copyright.Columbia.edu)
Consequences of Copyright Infringement?
• Legal action• Infringer pays the actual dollar amount of damages and profits• Law provides a range from $200-$150,000 for each work infringed• Infringer pays all attorney fees and court costs• Court ordered injunction• Court can impound illegal works
• Criminal prosecution- deliberate infringement of copyright on a commercial scale
SUMMARY• Exercise your fair use rights• Use the checklist to evaluate fair use• Provide links to material rather than copying• Get permission to make copies (unless fair use applies)• Require students to purchase materials if permission cannot be
obtained• Use public domain• Show films in educational settings, such as classrooms• Perform a work in a classroom as part of a teaching activity
DO
• Assume all uses by educators are “fair use”• Assume commonly cited fair use guidelines are absolute legal
boundaries• Copy materials when there is a reasonable alternative, such as
purchasing them or getting permission• Show films publicly with open invitations to the community without
public performance rights
DON’T
ReferencesAmerican University Library. (2010). What faculty need to know about copyright for
teaching. Retrieved from https://www.american.edu/library/documents/upload/Copyright_for_Teaching.pdf
Crews, K. D. (2015). Copyright quick guide. Retrieved fromhttps://copyright.Columbia.edu/basics/copyright-quick-guide.html
Purdue University. (2009). Copyright exceptions. Retrieved from https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html
Seattle Central College. (2015). Copyright basics. Retrieved from http://libguides.seattlecentral.edu/copyright
U.S. Copyright Office. (2015). More information on fair use. Retrieved from www.copyright.gov/fair-use/more-info.html