The scope of this presentation is to explain to faculty members what fair use guidelines are and bust some serious fair use myth’sAt the end of the presentation there will be a self assessment to test your fair use knowledge.
§ 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such 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; and(4) the effect of the use upon the potential market for or value of the copyrighted work.The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Fairuse is the borrowing of copyrighted work in limited amounts and terms for the betterment of society or education; the borrowing of the material cannot infringe on the work as a whole or effect the monetary value of the work for the owner of the copyright.
By the nature of the fair use guidelines, we are an educational entity and should be able to use anything we want, right? Wrong – both faculty members and students must adhere to the principles set forth in the fair use guidelines. All course materials are subject to the scrutiny of the fair use guidelines and other copyright laws. If the amount and time limits for using the material fit within the guidelines, and if the borrowing won’t effect the ability of the materials to make money, you are probably okay. The best place to start is with your university policies and guidelines.
SinceI am behind a secure LMS, do I need to worry about Copyright and fair use? Yes, you should use the same standards that would apply to your face-to-face class and apply them for your online class. Plus, you must also consider some specific rules that are being used just for digital material in distance education. A great place to find more information is: Copyright Information Circulars and Factsheets http://www.copyright.gov/circs/
What kind of materials does fair use apply to? All materials, regardless of the format, have laws governing the use of materials by anyone other than the copyright holder. Check to see what parameters apply to the format you are using, as the time limits and amount of material varies among formats.
Does fair use include information posted on a web site? Yes, especially if you see it on a website. Just because someone posts information on a web site does not mean it has not been liberated from another source. Always do scholastic research before using any borrowed materials.
It is too hard to get permission and takes too much time. With the advent of the Internet, we can easily find the sources of our materials and obtain the permissions in a reasonable amount of time. A great place to start is Purdue Copyright Management Center: http://copyright.iupui.edu/permhome.htm
How much material can I use from a source ? Fair use is a legal principle, and there is a fine line between fair use and infringement. There are factors other than the amount of information to consider when we use anothers work. Start by using a fair use checklist like this one: http://www.copyright.com/Services/copyrig htoncampus/basics/fairuse_list.html
If I purchase a copy of a movie, can I show it to my class? Yes, in your face-to-face class you can view a video you own for the purpose of criticism or other educational purposes. You cannot copy a film and post it to your university web site or LMS for students to view. You can borrow certain amounts of a filmed work for your class, but it must pass the fair use guidelines first.
Are there Copyright Police? Yes and no. Everyone is a potential copyright cop. There are plenty of people who are watching out for copyright and fair use infractions and would be more than happy to have the matter brought up before the real keepers of the copyright law–the courts. And not only can copyright owners take you to court; they can also sue the university you are affiliated with.
Hit the lights…
Iwant to borrow 30 seconds from Gone with the Wind which I own; can I use it in my class to critique the film style? Yes No
Iam unsure if the if the material I am using for my course is ok; should I check with the university first? Yes No
The students in my film class want to do a 30 minute parody of the movie Titanic. Is this considered fair use? Yes No
Is there a word limit to consider when I am applying fair use? Yes No
IfI use a question that my professor wrote about ―Heidi from Haiti‖ in his course in Blackboard can I use it for my course? Yes No
Stanford Fair Use and Multi media web sites http://fairuse.stanford.edu/web_resources/multimedia_web_sites.htm l Copyright Information Circulars and Factsheets http://www.copyright.gov/circs/ Intellectual Property Law Blawgs http://blawgsearch.justia.com/category.aspx?catid=1871 Creative Commons http://creativecommons.org/ American Association of Publishers - obtaining copyright for text http://www.publishers.org/main/Copyright/copyPermission_01.htm?id =20 Purdue Copyright Management Center – obtaining copyright for all media http://copyright.iupui.edu/permhome.htm
Fishman, S. (2006). The copyright handbook: What every writer needs to know. Berkeley: Nolo. Copyright and Fair Use Stanford Universities Libraries http://fairuse.stanford.edu/index.html Purdue Copyright Management Center http://copyright.iupui.edu/permhome.htm