Copyright and Fair Use for the
Classroom
H. Stephen McMinn, Director of Collections and
Scholarly Communications
Overview/Outline





Introduction – What is Copyright?
Fair Use
Recent Decisions
Georgia State University Decision
--...
Copyright -- U.S. Constitution
“Empowers the United States Congress to
promote the Progress of Science and useful
Arts, by...
Copyright -- Confusion
 Copyright vs. Public Domain
– Usually by Date
– http://copyright.cornell.edu/resources/publicd
om...
Exceptions to Copyright Law
 Numerous - depending on type of
material, users, and author/producers
 3 Major for Educatio...
Face-to-face Instruction*
Traditional classroom -- In this setting all
performances and displays of a work
(Text, Music, I...
Virtual Instruction*
Online, Hybrid, or supplemental use of course
management systems. Virtual instruction
includes digita...
TEACH Act Requirements- 3 Types
 Instructors
– Regular part of the curriculum, chosen by the
instructor, must be an integ...
TEACH Act Requirements- 3 Types
 Course Materials
– Listing of acceptable materials – most materials
– Non acceptable mat...
Fair Use
Fair use allows for exceptions to the copyright
law for use not specifically exempted as long
as that use can be ...
Fair Use
The copyright law also states the various
purposes for which the reproduction of a
particular work may be conside...
Fair Use
The “fairness” is based on four factors each of
which is weighed equally.
1.
2.
3.
4.

Nature and Purpose of the ...
2 Examples – Example 1
A professor whishes to place 3 chapters (an
introductory chapter and chapters 12 & 13 of
the 15 cha...
2 Examples – Example 2
To supplement information not discussed indepth in the course textbook. An
environmental science pr...
1st Factor
Purpose and Character of the Use
 Purpose –
Nonprofit, Educational, Personal, Commercial,
For Profit
Characte...
1st Factor - Purpose & Character
of the Use
 Example 1 – Nonprofit Educational
Institution using the work for
Teaching/Sc...
2nd Factor
Nature of the Copyrighted Work
Factual vs. Creative
Scholarly, scientific, technical vs. artistic, fiction
S...
2nd Factor - Nature of the
Copyrighted Work
 Example 1 – This is a nonfiction popular
work that tends towards creative/op...
3rd Factor
Amount or Substantiality of Portion Used
2 Criteria
 How much is used?
 Core or “Heart of the Work”?

 Depen...
3rd Factor - Amount or
Substantiality of Portion Used
 Example 1 – 3 chapters of 15 chapter work
is 20% and ending chapte...
4th Factor
Impact on the Market Place
 Effect of the use upon the potential market
for, or value of, the copyrighted work...
4th Factor - Impact on the
Market Place
 Example 1 – Library owns copy but e-book
available and permission can be obtaine...
4 Factors Analysis
Example 1
1. Fair Use
2. Tossup
3. Permission
4. Permission

Example 2
1. Fair Use
2. Fair Use
3. Fair ...
Fair Use
 Balance between Public and Copyright
holder
 All factors should be weighted the same
 Not dependent on techno...
Recent Copyright Decision





UCLA – Media Streaming
HathiTrust – Scanning works
Wiley vs. Kirtsaeng – 1st Sale Doctr...
Georgia State Univ. Decision
In Brief –
Three scholarly publishers supported by the
Association of American Publishers and...
GSU Decision
 Case decided in 2012
 5 Total Violations out of 99 or 75
– Started with 99 works but couldn’t prove they
h...
GSU Implications
 Really Unknown Still!
– Appeal
– Georgia only
– Reserves and Non-fiction works

 Provided Guidelines* ...
GSU Implications
 Eliminated old one semester rule!
 Leaned heavily on availability of easily and
reasonably obtaining p...
Takeaways
 Library is here to help
– Both E-Reserves and Copyright Questions

 Library can’t always perform miracles
– P...
Overall Picture– Things are
Getting Better







More Guidelines
More Licensed Resources
Paid Permissions more stre...
Questions?
Thank You!
Stephen McMinn
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Copyright in the classroom fall 2013

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Copyright as it relates to both on campus and online courses. Also information on Fair Use guidelines.

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  • hsmVirtual instruction is when a course is taught either solely online or when components of face-to-face instruction are taught online such as with Blackboard and other course management systems. Virtual instruction includes digitally transmitting class materials to students. This transmission is authorized under the TEACH (Technology Education and Copyright Harmonization) Act which is a part of the copyright law. The basic premise behind TEACH is to allow comparable instruction in the online environment as to what takes place in a traditional classroom or face-to-face instruction. One of the major requirements of the law is that materials can only be digitally transmitted to students officially registered in the course. There are other requirements for teaching, technology, and course materials that instructors must meet as well before using the TEACH exception.
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  • HSM -- what do you think?????????/
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  • Copyright in the classroom fall 2013

    1. 1. Copyright and Fair Use for the Classroom H. Stephen McMinn, Director of Collections and Scholarly Communications
    2. 2. Overview/Outline     Introduction – What is Copyright? Fair Use Recent Decisions Georgia State University Decision --Implications
    3. 3. Copyright -- U.S. Constitution “Empowers the United States Congress to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” Copyright Clause of the U. S. Constitution (Article I, Section 8, Clause 8)
    4. 4. Copyright -- Confusion  Copyright vs. Public Domain – Usually by Date – http://copyright.cornell.edu/resources/publicd omain.cfm  Copyright vs. Open Access  Copyright and Creative Commons Both Copyright – Permissions issue
    5. 5. Exceptions to Copyright Law  Numerous - depending on type of material, users, and author/producers  3 Major for Educational Purposes 1. Face-to-face Instruction 2. Virtual Instruction 3. Fair Use
    6. 6. Face-to-face Instruction* Traditional classroom -- In this setting all performances and displays of a work (Text, Music, Images, and Video) are allowed. Requirements: 1. All materials must be legally acquired. 2. Teaching activities must take place in a classroom or a similar place devoted to instruction. (*Section 110 of the U.S. Copyright Code)
    7. 7. Virtual Instruction* Online, Hybrid, or supplemental use of course management systems. Virtual instruction includes digitally transmitting class materials to students. The basic premise is to allow comparable instruction in the online environment as to what takes place in a traditional classroom. (*Section 110(2) -- TEACH Act)
    8. 8. TEACH Act Requirements- 3 Types  Instructors – Regular part of the curriculum, chosen by the instructor, must be an integral part of the class session, directly related to the teaching content, and comparable to traditional class.  Technology – Only enrolled students, only for the duration of the class, and students can’t copy/share.
    9. 9. TEACH Act Requirements- 3 Types  Course Materials – Listing of acceptable materials – most materials – Non acceptable materials – textbooks, course packs, illegal copies – Must contain notice of copyright – May convert analog version to digital (only amount needed)
    10. 10. Fair Use Fair use allows for exceptions to the copyright law for use not specifically exempted as long as that use can be considered fair. A key consideration is the extent to which the use is interpreted as transformative, as opposed to merely derivative.
    11. 11. Fair Use The copyright law also states the various purposes for which the reproduction of a particular work may be considered fair, some of these include criticism, comment, news reporting, teaching, scholarship, and research.
    12. 12. Fair Use The “fairness” is based on four factors each of which is weighed equally. 1. 2. 3. 4. Nature and Purpose of the Use Nature of the Copyrighted Work Amount or Substantiality of Portion Used Effect on the Market Place
    13. 13. 2 Examples – Example 1 A professor whishes to place 3 chapters (an introductory chapter and chapters 12 & 13 of the 15 chapter work). The work is a non fiction treaties on the housing crisis where the work analyses several factors with emphasis on the changing regulation in the banking industry as the root cause.
    14. 14. 2 Examples – Example 2 To supplement information not discussed indepth in the course textbook. An environmental science professor wants to place one chapter of a 12 chapter book that discusses the health, safety, and environmental impact of a chemical used in cleaning up oil spills from a organic chemistry book focused on hydrocarbons.
    15. 15. 1st Factor Purpose and Character of the Use  Purpose – Nonprofit, Educational, Personal, Commercial, For Profit Character – Teaching, Research, Scholarship, Criticism, Com mentary, News Reporting, Entertainment Fair Use – Educational Nonprofit using works for teaching, research, and scholarship
    16. 16. 1st Factor - Purpose & Character of the Use  Example 1 – Nonprofit Educational Institution using the work for Teaching/Scholarship – Favors Fair Use  Example 2 -- Nonprofit Educational Institution using the work for Teaching/Scholarship – Favors Fair Use
    17. 17. 2nd Factor Nature of the Copyrighted Work Factual vs. Creative Scholarly, scientific, technical vs. artistic, fiction Some items not covered, i.e. consumables – workbooks, standardized tests, etc. also recipes Fair Use -- favors use of factual works
    18. 18. 2nd Factor - Nature of the Copyrighted Work  Example 1 – This is a nonfiction popular work that tends towards creative/opinion as marketplace is broader than academic – Tossup  Example 2 – The work is a factual, scientific/technical work – Favors Fair Use
    19. 19. 3rd Factor Amount or Substantiality of Portion Used 2 Criteria  How much is used?  Core or “Heart of the Work”?  Depends on type of material  No magic number or percentage*
    20. 20. 3rd Factor - Amount or Substantiality of Portion Used  Example 1 – 3 chapters of 15 chapter work is 20% and ending chapters with conclusion could be considered “Heart of the work” – Favors needing permission  Example 2 – 1 chapter of 12 chapter work with chapter not core to the overall work. – Favors Fair Use
    21. 21. 4th Factor Impact on the Market Place  Effect of the use upon the potential market for, or value of, the copyrighted work  Use vs. Purchase?  Criteria - Permissions readily available or not, at reasonable cost, own a copy of the work, access restrictions in place…
    22. 22. 4th Factor - Impact on the Market Place  Example 1 – Library owns copy but e-book available and permission can be obtained from Copyright Clearance Center (CCC). – Favors needing permission  Example 2 – Library owns copy of book, e-book not available and not with CCC. – Favors Fair Use
    23. 23. 4 Factors Analysis Example 1 1. Fair Use 2. Tossup 3. Permission 4. Permission Example 2 1. Fair Use 2. Fair Use 3. Fair Use 4. Fair Use Need to obtain permission! Can use without permission under Fair Use
    24. 24. Fair Use  Balance between Public and Copyright holder  All factors should be weighted the same  Not dependent on technology or format  Fair use allows for use without permission  Not all educational use is Fair Use!
    25. 25. Recent Copyright Decision     UCLA – Media Streaming HathiTrust – Scanning works Wiley vs. Kirtsaeng – 1st Sale Doctrine Georgia State University
    26. 26. Georgia State Univ. Decision In Brief – Three scholarly publishers supported by the Association of American Publishers and the Copyright Clearance Center sued GSU in 2008 over electronic reserves policy/practices as they felt they were in violation of Fair Use or were infringing on their copyright.
    27. 27. GSU Decision  Case decided in 2012  5 Total Violations out of 99 or 75 – Started with 99 works but couldn’t prove they held copyright for 24 of the works – Analyzed 75 total works for the 4 factors  4 Violations – exceeded amount and permissions were available and 1 “heart of the work.”
    28. 28. GSU Implications  Really Unknown Still! – Appeal – Georgia only – Reserves and Non-fiction works  Provided Guidelines* on amount – 10% of works under 10 chapters or 1 chapter for items with 10 or more chapters
    29. 29. GSU Implications  Eliminated old one semester rule!  Leaned heavily on availability of easily and reasonably obtaining permission  Economic Good News – “Prevailing Party” Ruling – Monetary damages would have been negligible or unavailable due to state sovereign immunity.
    30. 30. Takeaways  Library is here to help – Both E-Reserves and Copyright Questions  Library can’t always perform miracles – Permissions take time and/or cost money – Permission costs passed back to Departments  Things are getting better
    31. 31. Overall Picture– Things are Getting Better       More Guidelines More Licensed Resources Paid Permissions more streamlined Greater Awareness of Copyright &Fair Use Limited Liability UIS Policies/Activities/Services
    32. 32. Questions? Thank You! Stephen McMinn

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