Copyright, Fair Use & You!

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Copyright and Fair Use

Copyright and Fair Use

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  • 1. FAIR USE & YOUUSING COPYRIGHTED WORK THE RIGHT WAY! Fair Use Workshop For New Teachers by: Gina Mestl
  • 3. WHAT IS FAIR USE? It is NOT A LAW-they are guidelines! Presentation-Fair Use of Copyrighted MaterialsTo foster the advancement of the arts and sciences, there must be a free flow of information and ideas.If no one could quote from a protected work without the author’s permission (which could be withheld or given only upon payment of a permission fee), the free flow of ideas would be stopped dead. Fishman, 2008, p. 8,9
  • 4. four criteria used to Determine Fair use1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit 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.4. The effect of the use upon the potential market for or value of the copyrighted work. Fair use harbor
  • 5. Purpose and Character -Determine whether the work is for commercial nature or is it intended for the classroom setting. -Determine whether the work in an original form of the copyrighted expression, or is it a copy of other(s) work. Fair use Harbor
  • 6. Nature ofcopyrighted workThis factor looks to see whether thework was created for the purposes ofcriticism, comment, news reporting,teaching, scholarship, or research. Fair Use Harbor
  • 7. Amount & SubstantialityUse no more than necessary when using copyrighted work.Do not use the heart or the creative essence of the work. Fair Use harbor
  • 8. A Few Fair Use Guidelines Multiple copies can be made of…Poetry- entire completed poems of 250 words or less/250 words can be copied from longer poemsProse- completed articles of 2,500 words; longer works excerpts up to 1,000 words or 10% of work, whichever is less/500 from works between 2,500-4,999 wordsIllustrations- one chart, graph, diagram, drawing, cartoon, or picture contained in a book, newspaper, or periodical issueSpecial Works- only an excerpt of up to two published pages and containing not more that 10% of words in the text In regards to making multiple copies for classroom use: You are in the “safe harbor” if you are making copies on the spur of the moment, and if the copies are brief in number and size, meeting a necessity to accomplish your instructional objectives. Fishman, 2008, p. 303
  • 9. Fair Use Guidelines For… Educational MultimediaMotion Media- up to 10% or 3 minutes, whichever is lessText- up to 10% or 1,000 words, whichever is lessPoems- up to 250 words, three poem limit per poet, five poem limit by different poets from an anthologyMusic- up to 10% or 30 seconds, whichever is lessPhotos and Images- up to 5 works from one author, up to 10% or 15 works, whichever is less, from a collectionDatabase Information- up to 10% or 2,500 fields or cell entries, whichever is less*Faculty may retain multimedia products incorporating the copyrighted works of othersfor a period of two year for educational use. After that, permission must be sought. Fair Use Harbor
  • 10. Effect uponpotential market Did the copying or use deprive the copyright holder of a sale? This is the one criteria upon which the courts seem to place the most weight. Fair Use harbor
  • 11. Fair use & the internetUnless the creator explicitly putstheir work in the public domain,any work that is not protected bycopyright, it is copyrighted!!! Ten Myths About Copyright Explained, 2008
  • 12. single Copies Teacher may make single copies of: -A chapter from a book-An article from a periodical or newspaper-A… short story short essay short poem …whether or not from a collective work.-A chart, graph, diagram, drawing cartoon or picture from a book periodical newspaper Librarians may also make single copies for use in the reserve room at the request of a faculty member. fair use harbor
  • 13. Single copies continued…Teachers may select books, magazine orjournal articles, or other documents to be placed in the library’s reserve room,which functions as an extension of theclassroom.Students can borrow these materials andmake single copies on machines that aremarked with a copyright notice. fair use harbor
  • 14. Why do we have thefair use guidelines!“The fair use doctrine is rooted in thetruth that we sometimes must use the expression of another to express ourselves effectively.” Michael Carroll, Associate Professor of Law, Villanova University School of Law Presentation-Fair use of copyrighted material
  • 15. RemembeR… Only courts can answer if it is fair use. Get permissionand you don’t have to worry!!! fair use harbor
  • 16. Sources:The Copyright Handbook, Stephen Fishman, 2008Fair Use HarborPresentation-Fair Use of Copyrighted MaterialTen Myths of Copyright Explained by Brad Templeton 2008