411—Information411—InformationCopyright, Fair Use, & the TEACH ActCopyright, Fair Use, & the TEACH Act

ObjectivesObjectivesObjectivesObjectives

• Review copyright restrictions and

requirements

• Articulate Fair Use principles

• Review the TEACH act

• State your responsibility

• Read Foothill’s expectations

Why Should Someone Have Copyright?Why Should Someone Have Copyright?Why Should Someone Have Copyright?Why Should Someone Have Copyright?

RestrictionsRestrictionsRestrictionsRestrictions

Owner of copyright has exclusive right to:

• make copies or derivative works

• distribute copies by sale, gift, rental, lease, lending

• perform the work publicly

• display the work publicly (including individual images of audiovisual work)

• perform sound recording of the work publicly by digital audio transmission.

you or I can’t do these things WITHOUT PERMISSION

Restrictions ReduxRestrictions ReduxRestrictions ReduxRestrictions Redux

Owner of copyright has exclusive right to:

• make or works

• D copies by s , g , r , l , l

• P the work ly

• D the work publicly (including )

• P sound recording of the work publicly by .

you or I can’t do these things WITHOUT PERMISSION

What is Fair Use?What is Fair Use?What is Fair Use?What is Fair Use?

Disney

Fair Use—First GuidelineFair Use—First GuidelineFair Use—First GuidelineFair Use—First Guideline

• Purpose and character of use

– commercial nature ? OR

– nonprofit, educational?

Think of some specific copied material in your course. Measure it against the Fair Use Guidelines.

Are you using it legally? Only you can tell.

Think of some specific copied material in your course. Measure it against the Fair Use Guidelines.

Are you using it legally? Only you can tell.

Fair Use—Second GuidelineFair Use—Second GuidelineFair Use—Second GuidelineFair Use—Second Guideline

• Nature of the copyrighted work

Fiction Nonfiction

unpublished Published

Fair Use—Third GuidelineFair Use—Third GuidelineFair Use—Third GuidelineFair Use—Third Guideline

• Amount and substantiality of the part used in relation to the whole work

How much do you need to make your point?

How long is the whole work?

Fair Use—Fourth GuidelineFair Use—Fourth GuidelineFair Use—Fourth GuidelineFair Use—Fourth Guideline

• Effect of the use on the potential market for, or value of, the copyrighted work.

Fair Use—Fourth GuidelineFair Use—Fourth GuidelineFair Use—Fourth GuidelineFair Use—Fourth Guideline

“Fair use” vs “infringement” is hard to decide.

No specific amount of content can

safely be taken without permission.

Acknowledging the source is NOT permission.

“Fair use” vs “infringement” is hard to decide.

No specific amount of content can

safely be taken without permission.

Acknowledging the source is NOT permission.

Fair Use ActivitiesFair Use ActivitiesFair Use ActivitiesFair Use Activities

Activities courts deem “Fair Use“

• Quotation of excerpts in a review or criticism for purposes of illustration or comment

• Quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations

Fair Use ActivitiesFair Use ActivitiesFair Use ActivitiesFair Use Activities

Activities courts deem “Fair Use“

• Use in a parody of some of the content of the work parodied

• Summary of an address or article, with brief quotations, in a news report

Fair Use ActivitiesFair Use ActivitiesFair Use ActivitiesFair Use ActivitiesActivities courts deem “Fair Use“

• Reproduction by a library of a portion of a work to replace part of a damaged copy

• Reproduction by a teacher or student of a small part (10%) of a work to illustrate a lesson

Fair Use ActivitiesFair Use ActivitiesFair Use ActivitiesFair Use ActivitiesActivities courts deem “Fair Use“• Reproduction of a work in legislative or

judicial proceedings or reports

• Incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Whaddaya Know?Whaddaya Know?Whaddaya Know?Whaddaya Know?

Altogether now. Let’s take this quiz and CHEAT! We’ll share answers and copy off each other…

Quizzzzzz

The TEACH ActThe TEACH ActThe TEACH ActThe TEACH Act

• Technology, Education, and Copyright Harmonization Act of 2002

• The TEACH act saysStudents and teachers at an – accredited,

– nonprofit,

– Educational

institution can copy things for educational purposes without violating copyright if certain conditions are met.

So What are the Conditions?So What are the Conditions?So What are the Conditions?So What are the Conditions?

• Only applies to students and teachers at an accredited, nonprofit, educational institution

• Nondramatic works are different from dramatic works

– Dramatic works have direction and content that mean most of the presentation is intended as performance before an audience

– Nondramatic works can be presented in their entirety

Conditions ContinuedConditions ContinuedConditions ContinuedConditions Continued

• All other kinds of works, including dramatic works and display of works can be presented in

– Reasonable portions

– Comparable to what would be performed or displayed in a face to face classroom

But wait! S L O W D O W N .Digital educational works do NOT fall under this exception

Works produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks ORUnlawful copies (copies you know or reasonably should know were not lawfully made or acquired) are not covered by TEACH

MORE ConditionsMORE ConditionsMORE ConditionsMORE Conditions

• Only under the direction or supervision of an instructor

• Must be part of the class teaching session

• As an integral part of systematic instructional activities, mediated or directed by instructor

• Directly related to the content and of material assistance in teaching that content

Conditions of TransmissionConditions of TransmissionConditions of TransmissionConditions of Transmission

• Must only be available to students registered for the course for the duration of the course

• The institution must make every effort to limit student access to the duration of the course and not beyond

• If the copyright holder has instituted technological means to keep copies from being made or distributed beyond the course duration, the institution may not interfere with those technologies

Conditions for the InstitutionConditions for the InstitutionConditions for the InstitutionConditions for the Institution

• Must provide and publish copyright policies

• Make available accurate information about copyright

• Promote compliance with copyright law

• Notify students that course materials may be copyrighted

©

What Does It All Mean?What Does It All Mean?What Does It All Mean?What Does It All Mean?

If you want to use copyrighted material in your course you must make sure you either

• can demonstrate you have permission from the copyright owner,

OR

• are following the guidelines for Fair Use,

OR

• have access under the TEACH Act.

It is YOUR RESPONSIBILITY to comply with Copyright law. You are personally liable for

the content of your courses.

Foothill College’s ExpectationsFoothill College’s ExpectationsFoothill College’s ExpectationsFoothill College’s ExpectationsFaculty HandbookCopying and Printing

Copying and printing is provided by the Quick Copy Center…

• “Copyright compliance is the responsibility of the instructor.”

District Policy Web Page

Examples of behaviors constituting abuse which violate District Board Policy 3250 include, but are not limited to, the following activities:

Copyright

• Violating terms of applicable software licensingagreements or copyright laws.

• Publishing copyrighted material without theconsent of the owner on district Web sites inviolation of copyright laws.

I gotta stay awake! This is important!

Did We Meet Our Objectives?Did We Meet Our Objectives?Did We Meet Our Objectives?Did We Meet Our Objectives?

Do you “get” copyright restrictions ?

Do you have a handle on the requirements for using copyrighted materials in your courses?

Does Fair Use make sense to you?

Do you know how the TEACH act can help you?

What is your responsibility for compliance?

What Foothill College’s expectation that you adhere to the law on copyright?

Last ThoughtLast Thought

• Public domain is any work published before 1927 or published by the federal government.

• Open educational resource and creative commons licensing allow you to copy with attribution.

So Now You Know!So Now You Know!So Now You Know!So Now You Know!

1st choice: No copyrightPublic Domain orOpen Educational Resources

2nd Choice: Copyright with permission to use

3rd Choice: Use under Fair Use guidelinesor the TEACH Act