Familiarize yourself with Digital Millennium Copyright Act (DMCA)
1) Reproduction of the copyrighted work,2) Preparation of derivative works (adaptations) based upon the copyrighted material,3) Distribution of the work,4) Performance of the work publicly,5) Displaying of the work publicly
The work is in the public domain. The copyright may be expired, or the holder may have forfeited his or her rights in the work, or The copyright holder may have granted another permission to use the work, or “Fair use” The TEACH Act
1. The purpose and character of the use, including whether use is of a commercial nature or is for nonprofit educational purposes,2. The nature of the copyrighted work,3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole and4. The effect of the use upon the potential market for or value http://guides.douglas.bc.ca/content.php?pid= 75045&sid=555953
Item LengthComplete poem If less than 250 wordsExcerpt from longer poem Excerpt must be less than 250 wordsComplete article, story, or essay If less than 2,500 wordsLonger article, story, essay or Excerpt must be less than 1,000book wordsChart, diagram, or cartoon No more than one from a book or magazine Source: Teachers and the Law, 6th ed., by L. Fischer, D. Schimmel, and C. Kelly, 2003, New York: Longman.
PurposeAlternatives Character FAIR USE Nature Amount Effect
Fair Dealing (Canada) vs. Fair Use (U.S.) In the United States instructors can show films in classrooms without public performance rights The list of Fair Use exceptions is broader - it includes teaching and parody Fair Use permits the creation and distribution of multiple copies in a classroom
The Canadian Association of University Teachers (CAUT) has written an informative backgrounder on Fair Dealing and how it applies to academic institutions. IMP LINKS: Fair Dealing: CAUT Intellectual Property Advisory AUCC Draft Fair Dealing policy
DO investigate the copyright status of each item you plan to digitize
DO feel free to digitize materials in the Public Domain i.e.. works not protected by Copyright.
DO apply to most foreign works outside your own country
DO keep current on developments and changes to Copyright law 29th June 2012
DON’T ignore copyright law – if you are found to be infringing a copyright holder’s rights, you could be liable for statutory damages ranging from $200 to $30,000.
Copyright infringement is using & citing someone’s work without permission nor compensation to the rights holder.
DON’T assume that all digital reproduction in libraries is permissible because the use is ‘educational’ and ‘not-for-profit’.
DON’T be a lemming! Do not blindly follow the precedent of other Library/Archives colleagues in making a copyright determination for your situation. What might be allowable under one set of circumstances may not be allowable in others.
DON’T go it alone. If you are unsure whether it is okay to digitally reproduce something in the course of your work in the FIU Libraries, seek guidance from the appropriate authorities within the Libraries or the University
This is a non profitable assignment (lecture) andthe copy right of images belongs to the beholder on the internet