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  • 1. Copyright and Fair Use SEP Technology
  • 2. Statutory Requirements for Copyright
    • Original
    • Creative
    • Fixed in a tangible medium
  • 3. Rights of Authors
    • Exclusive Rights to:
    • Reproduction of the work
    • Derivative works
    • Distribution of the work
    • Transfer of ownership
    • Public performance
    • Public display
  • 4. Fair Use: takes away some rights of copyright holders
    • The 4 fair use factors are:
    • What is the character of the use?
    • What is the nature of the work to be used?
    • How much of the work will you use?
    • What effect would this use have on the market for the original or for permissions if the use were widespread?
  • 5. FACTOR 1: What is the character of the use?
    • From the Fair-Use Statute Section 107 of the Copyright Act of 1976...
    • Nonprofit
    • Educational
    • Personal
    • Criticism
    • Commentary
    • News reporting
    • Parody
    • Otherwise "transformative" use
  • 6. FACTOR 2: What’s the nature of the work to be used?
    • Fact
    • Published
    • Mixture of fact and imaginative
    • Imaginative
    • Unpublished
  • 7. FACTOR 3: How much of the work will you use?
    • Small amount
    • More than a small amount 
  • 8. FACTOR 4: What is the Effect on the Market?
    • After evaluation of the first 3 factors, the proposed use is tipping towards fair use
    • Original is out of print or otherwise unavailable
    • No ready market for permission
    • Copyright owner is unidentifiable
    • Competes with (takes away sales) the original
    • Avoids payment for permission (royalties) in an established permissions market 
  • 9. Copyright vs. Fair Use
    • Copyright – law
    • Fair use – guideline
    • See chart in resources section for specific guidelines regarding how much and in what ways educators may use copyrighted materials under the provisions of fair use
  • 10. Fair use in digital environment
    • Use of copyrighted work may be allowable under fair use when used in an educational environment
    • Do not put copyrighted work on the Web because those outside of an educational environment may access it
    • Use search engines designed to help you find materials in the public domain and those for which creators have given up some of their copyrights (resources section)
  • 11.
  • 12. Using Creative Commons
    • Look for licensed works to use in your instruction (Creative Commons has a search feature that will assist you)
    • License your own work using Creative Commons so that other instructors can benefit from your work
    • Encourage your students to license their own Intellectual Property