Copyright & Fair Use a quick introduction from your friendly Jen Library Reference Librarians

What is COPYRIGHT? The exclusive right to: Produce copies or reproductions of a work and sell them Import or export a work Create derivative works Perform or display a work publicly (aka performance rights) Sell or assign these rights to others Transmit or display a work by radio or video (aka broadcast rights)

The exclusive right to:

Produce copies or reproductions of a work and sell them

Import or export a work

Create derivative works

Perform or display a work publicly (aka performance rights)

Sell or assign these rights to others

Transmit or display a work by radio or video (aka broadcast rights)

What is FAIR USE? §107 “… the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.”

§107

“… the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.”

BIG questions

Question #1: Character of Use How is the material being used? Educational reasons? Personal use? Commercial use? Who’s profiting?

How is the material being used?

Educational reasons?

Personal use?

Commercial use? Who’s profiting?

Question #2: Nature of Material How would you describe the work? Factual Published VS Unpublished work Fiction Creative: Art, music, novels, films, plays Lean toward Fair Use Lean toward Copyright Infringement

How would you describe the work?

Factual

Published

VS

Unpublished work

Fiction

Creative: Art, music, novels, films, plays

How much of the work are you using? Students must consider: Amount used in relation to the entire work Is it “the essence” of the work? Question #3: The Amount a little more a little O R

How much of the work are you using?

Students must consider:

Amount used in relation to the entire work

Is it “the essence” of the work?

Question #4: Effect on Market How will using this work affect its market value? Example : You copy or show a movie… Problems? Possible Solution : Limit access Sometimes the 4 th factor is not as important if the other Fair Use criteria are met

STUDENTS: TAKE NOTE! Copyright holders DO NOT need to prove that the use was NOT FAIR YOU need to prove that your use was fair!

Copyright holders DO NOT need to prove that the use was NOT FAIR

YOU need to prove that your use was fair!

Educational use IS NOT automatically fair use… Remember, character or purpose is only 1 of the 4 factors!

Now for Technology & the Law Fair Use may not exactly transfer to the web… Digital Millennium Copyright Act was signed in 1998, but it is still being adapted. Images used in class can not always be used on the web. Permissions must be obtained for any multimedia materials that will be used over the unrestricted web!

Fair Use may not exactly transfer to the web…

Digital Millennium Copyright Act

was signed in 1998, but it is still being adapted.

Images used in class can not always be used on the web.

Permissions must be obtained for any multimedia materials that will be used over the unrestricted web!

Public Domain http://www.unc.edu/~unclng/public-d.htm

Public Domain Special cases: Sound recordings Architectural drawings Multimedia And the list goes on…

Special cases:

Sound recordings

Architectural drawings

Multimedia

And the list goes on…

More special considerations Art An artist’s expression is protected, not the ideas behind it EX : Photographer holds rights to copy his photograph of trees BUT that doesn’t stop other artists from photographing trees Photographs/Images These are entire works , so there is much less likelihood that they can be used without permission

Art

An artist’s expression is protected, not the ideas behind it

EX : Photographer holds rights to copy his photograph of trees BUT that doesn’t stop other artists from photographing trees

Photographs/Images

These are entire works , so there is much less likelihood that they can be used without permission

Questions about Fair Use? Copyright and Fair Use http://fairuse.stanford.edu Stanford University Libraries Copyright Crash Course http://www.utsystem.edu/OGC/intellectualProperty/cprtindx.htm University of Texas Checklist for Fair Use http://www.copyright.iupui.edu/checklist.htm Copyright Management Center—Indiana University-Purdue University Indianapolis

Copyright and Fair Use http://fairuse.stanford.edu

Stanford University Libraries

Copyright Crash Course http://www.utsystem.edu/OGC/intellectualProperty/cprtindx.htm

University of Texas

Checklist for Fair Use

http://www.copyright.iupui.edu/checklist.htm

Copyright Management Center—Indiana University-Purdue University Indianapolis

Need more information? US Copyright Office http:// www.copyright.gov / Digital Millennium Copyright Act (DMCA) http:// www.copyright.gov/legislation/dmca.pdf Copyright Clearance Center (CCC) www.copyright.com Out of Danvers, MA, they help with getting permissions when necessary

US Copyright Office http:// www.copyright.gov /

Digital Millennium Copyright Act (DMCA) http:// www.copyright.gov/legislation/dmca.pdf

Copyright Clearance Center (CCC)

www.copyright.com

Out of Danvers, MA, they help with getting permissions when necessary

Just for Fun! Tales of the Public Domain: Bound by Law? (from Duke University) http:// www.law.duke.edu/cspd/comics A Fair(ly) Use Tale (YouTube Video from Prof. Eric Faden of Bucknell University) http://www.youtube.com/watch?v=CJn_jC4FNDo

Tales of the Public Domain: Bound by Law? (from Duke University)

http:// www.law.duke.edu/cspd/comics

A Fair(ly) Use Tale (YouTube Video from Prof. Eric Faden of Bucknell University)

http://www.youtube.com/watch?v=CJn_jC4FNDo