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Copyright & Fair Use

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developed by Karl Madeo for Project Look Sharp Summer Institute

developed by Karl Madeo for Project Look Sharp Summer Institute

Published in: Economy & Finance, Education

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  • Transcript

    • 1. Copyright and Fair Use An Overview for Educators
    • 2. The Only Definitive Answer “ The only way to obtain a definitive answer about the legality of perceived "fair use" today is to hear the verdict of a judge in the courtroom: everyone else's ideas about fair use truly are just opinions .” Copyright 101 for Educators By Wesley A. Fryer June 1, 2003
    • 3. The four factors to be considered in determining whether or not a particular use is fair (as stated in Section 107 of U.S. Copyright Law): 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work.
    • 4. 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes:
      • Possibly Fair Use : Educational
        • in a face-to-face classroom environment.
      • Probably Not Fair Use : Educational
        • Published on a website with unlimited access.
        • Distributed widely in some other manner (e.g. film/video festivals or contests, tv, etc.
    • 5. 2. the nature of the copyrighted work
      • Possibly Fair Use :
        • Factual; based on public documents.
      • Probably Not Fair Use :
        • Creative works
    • 6. 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole
      • Possibly Fair Use :
        • Small percentage of original work.
      • Probably Not Fair Use :
        • Large percentage of original work.
    • 7. 4. the effect of the use upon the potential market for or value of the copyrighted work
      • Possibly Fair Use :
        • No impact on potential market or value of the original, copyrighted work.
      • Probably Not Fair Use :
        • Might have impact on value or potential market of the original work.