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Copyright and fair use review 2012
- 2. The Fair Use doctrine balances the rights of the copyright owner against the public interest. Public Interest Private Interest
- 3. Is it copyrighted? Is it an original work? Excludes merely facts Excludes works by government agents Cannot copyright “ideas,” only the form or expression of the idea Is it in a fixed form? Does not have to be published Digital media is a fixed form If yes to both, it’s copyrighted! A copyright notice is not required.
- 4. How Long is it Copyrighted?
- 5. What “Rights” are included in Copyright? Make a copy of a work Use a work as the basis for a new work (a derivative work) Electronically distribute or publish copies Publicly perform music, prose, poetry, a drama, or play a video or audio tape or a CD-ROM, etc. Publicly display an image anywhere, including a computer screen
- 6. If it’s on the Internet, isn’t it in the public domain? Public Internet Domain
- 7. The Four-Part Fair Use Test The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work
- 8. Applying the Fair Use Test Copyright Fair Use Violation
- 9. The 10% Guideline: Video/Film up to 10% of the total video or film or 3 minutes, whichever is less
- 10. The 10% Guideline: Music Up to 10% but no more than 30 seconds from an individual musical work, score, or lyrics
- 11. The 10% Guideline: Text Text: up to 10% of the total text or 1,000 words, whichever is less
- 12. The 10% Guideline: Photos and Illustrations No more than 5 images from a single artist, no more than 10% or 15 images from a collection
- 13. The 10% Guideline: Poems Entire poem of < 250 words, but no more than three poems by one poet or 5 by different authors in an anthology
- 14. Is it Fair Use? A teacher plays an entire video directly from YouTube for a class. A teacher distributes a copy of an entire poem for each student in a class.
- 15. Is it Fair Use? A student records a parody of a popular song as part of a class assignment, and later posts the parody on his Facebook page A student uses an entire song from a personal CD as the background music in a video assignment.
- 16. Is it Fair Use? A teacher copies an entire chapter from a textbook that the school doesn’t own, and distributes it to a class. A student quotes from a book as part of a critical analysis assignment.
- 17. Is it Fair Use? As a reward, a teacher shows a class an entire DVD movie that the teacher purchased from Amazon.com. A student uses an image found on the Internet as part of a book report, properly citing the source of the image.
- 18. What About Citations? Copyright Plagiarism Infringement • Lying • Stealing • Claiming that you • Taking money/ did the work property from the • Citation is a copyright owner defense • Fair Use is a defense
- 19. For Students… Require and model ethical use of content, including respect for copyright and proper citations Consider getting the author’s permission to use a work. It can be a great learning experience! Visit www.copyright.gov for more information
Editor's Notes
- Facts themselves cannot be copyrighted, only the expression of those facts
- Published since 2002: life of author +70 years (or 95 years for corporations). A copyright notice is not required.Published between 1923 and 2002: copyright depends on owner’s actions and laws in effect at the time of publication. Treat as still copyrighted unless clearly in the public domain.Published before 1923: public domainThese are the U.S. laws; international copyrights may also apply to a work. These are also just general guidelines; the U.S. copyright office web site has a full list of the detailed guidelines. For example, published works are treated differently than unpublished works, as are works first published outside the U.S.
- Works on the Internet are not necessarily in the public domain. All the same copyright rules apply to works on the Internet that apply to books in a library or images in a museum. The Internet is just another way of publishing a work – it doesn’t invalidate the creator’s copyright.
- The bottom line: use only what you need to make your point. Student GuidelinesStudents may incorporate portions of copyrighted materials when producing a project for a specific course. Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school. Faculty GuidelinesFaculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions. Faculty may use their project for: assignments for student self-study for remote instruction provided the network is secure and is designed to prevent unlawful copying for conferences, presentations, or workshops for their professional portfolio Time RestrictionsThe fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again. Types of media and permissible amounts Motion media: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work Music, lyrics, and music video: up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: no more than five images from one artist or photographer. no more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project. When Should You Get Permission?When you intend to use the project for commercial or noneducational purposes. When you intend to duplicate the project beyond the two copies allowed by the guidelines. When you plan to distribute the project beyond the scope of the guidelines. Source:http://www.umuc.edu/library/copy.shtml#faculty
- Student GuidelinesStudents may incorporate portions of copyrighted materials when producing a project for a specific course. Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school. Faculty GuidelinesFaculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions. Faculty may use their project for: assignments for student self-study for remote instruction provided the network is secure and is designed to prevent unlawful copying for conferences, presentations, or workshops for their professional portfolio Time RestrictionsThe fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again. Types of media and permissible amounts Motion media: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work Music, lyrics, and music video: up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: no more than five images from one artist or photographer. no more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project. When Should You Get Permission?When you intend to use the project for commercial or noneducational purposes. When you intend to duplicate the project beyond the two copies allowed by the guidelines. When you plan to distribute the project beyond the scope of the guidelines. Source:http://www.umuc.edu/library/copy.shtml#faculty
- Student GuidelinesStudents may incorporate portions of copyrighted materials when producing a project for a specific course. Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school. Faculty GuidelinesFaculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions. Faculty may use their project for: assignments for student self-study for remote instruction provided the network is secure and is designed to prevent unlawful copying for conferences, presentations, or workshops for their professional portfolio Time RestrictionsThe fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again. Types of media and permissible amounts Motion media: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work Music, lyrics, and music video: up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: no more than five images from one artist or photographer. no more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project. When Should You Get Permission?When you intend to use the project for commercial or noneducational purposes. When you intend to duplicate the project beyond the two copies allowed by the guidelines. When you plan to distribute the project beyond the scope of the guidelines. Source:http://www.umuc.edu/library/copy.shtml#faculty
- Student GuidelinesStudents may incorporate portions of copyrighted materials when producing a project for a specific course. Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school. Faculty GuidelinesFaculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions. Faculty may use their project for: assignments for student self-study for remote instruction provided the network is secure and is designed to prevent unlawful copying for conferences, presentations, or workshops for their professional portfolio Time RestrictionsThe fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again. Types of media and permissible amounts Motion media: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work Music, lyrics, and music video: up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: no more than five images from one artist or photographer. no more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project. When Should You Get Permission?When you intend to use the project for commercial or noneducational purposes. When you intend to duplicate the project beyond the two copies allowed by the guidelines. When you plan to distribute the project beyond the scope of the guidelines. Source:http://www.umuc.edu/library/copy.shtml#faculty
- Student GuidelinesStudents may incorporate portions of copyrighted materials when producing a project for a specific course. Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school. Faculty GuidelinesFaculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions. Faculty may use their project for: assignments for student self-study for remote instruction provided the network is secure and is designed to prevent unlawful copying for conferences, presentations, or workshops for their professional portfolio Time RestrictionsThe fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again. Types of media and permissible amounts Motion media: Up to 10 percent of the total or three minutes, whichever is less. Text material: Up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work Music, lyrics, and music video: up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: no more than five images from one artist or photographer. no more than 10% or 15 images, whichever is less, from a collection. Numerical data sets: up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: no more than two copies may be made of a project. When Should You Get Permission?When you intend to use the project for commercial or noneducational purposes. When you intend to duplicate the project beyond the two copies allowed by the guidelines. When you plan to distribute the project beyond the scope of the guidelines. Source:http://www.umuc.edu/library/copy.shtml#faculty
- First question: assuming the video itself is not a copyright infringement, playing the video directly from YouTube would qualify as Fair Use. It would not be fair use if the teacher downloaded and re-distributed the video, or incorporated the video into another work. The copyright owner has the right to copy the work and maintains an interest in any derivative works.Second question: it depends on the length of the poem. This goes to the “substantiality” of the use.
- First question: This is Fair Use. In fact, parody is a protected use under the Fair Use law. Second question. This is not fair use, due to the substantiality of the use. Also, the student has created a derivative work, which is the copyright owner’s sole right. The infringement is worse if the student distributes their derivative work: for example, by posting it on the Internet. A portion of music may be used only if it is germane to an educational point.
- First question: this is probably not Fair Use, due to the substantiality used, and the fact that such use reduces the market for the original work. Second question: depending on the amount used, this is probably fair use due to the “critical analysis” of the book. Each teacher should set and communicate guidelines on how much direct quoting a student may do, and should also insist on proper citations. Remember that citations are protection against a charge of plagiarism, not copyright infringement.
- First question: this is not fair use. Such DVDs are restricted by law for home viewing only. Schools must purchase special school-use licenses to display entire movies to students. Consider using a site such as “Wing Clips” as an alternative for showing commercial DVDs to students. The fact that you are not charging for showing students the video is not a defense against copyright infringement. Producers such as Disney have sued schools for showing their movies to students. Second question: this is fair use if the image is germane to the report, but because of the “purpose” test, not because of the citation.
- A proper citation is a defense against plagiarism. It is not a defense against copyright infringement.Plagiarism is lying – claiming that you did the work when someone else did it.Copyright infringement is stealing – taking property that belongs to another.