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Questions Around Digital Fair Use    UCSC COLASC, 2/26/13                 Katie Fortney      Copyright Management Officer,...
Fair Use: 4 Factors• The PURPOSE of your use• The NATURE of the work you’re using• The AMOUNT or substantiality of the wor...
Today• Just a few trees in the  fair use forest  – Incorporated images and    the proposed Open Access    Policy  – UCLA a...
Images in Scholarly Articles                                                     How do they get                          ...
Images Incorporated as Fair UseFair use in article    Fair use in  as published        eScholarship
Images Incorporated by Permission                        Read the                         image                       agre...
*What if the author wants to put the article in eScholarship?Instead of getting a waiver, he or she could• Ask for a diffe...
UCLA vs. AIMEUCLA had publicperformance rights andsome very specific licenselanguage.Generally-• Streaming an entire film ...
Questions?Question mark sign, by Colin K, CC-BYhttp://www.flickr.com/photos/colinkinner/2200500024/
In the background…• Takedown policies• Sovereign Immunity• 504(c)(2)  – “an employee or agent of a nonprofit educational  ...
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Faculty Open Access Policies and Incorporated 3rd Party Images

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Also a slide on the UCLA streaming video case.
I failed to credit my own photo of the trees. It's CC-BY, available at http://www.flickr.com/photos/allergictowork/8270548973/in/photostream

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Transcript of "Faculty Open Access Policies and Incorporated 3rd Party Images"

  1. 1. Questions Around Digital Fair Use UCSC COLASC, 2/26/13 Katie Fortney Copyright Management Officer, CDL katie.fortney@ucop.edu
  2. 2. Fair Use: 4 Factors• The PURPOSE of your use• The NATURE of the work you’re using• The AMOUNT or substantiality of the work you’re using, as part of its whole• The effect on reasonable MARKETS for the workIt’s tricky if you don’t have practice and context, butit isn’t brain surgery.
  3. 3. Today• Just a few trees in the fair use forest – Incorporated images and the proposed Open Access Policy – UCLA and streaming video
  4. 4. Images in Scholarly Articles How do they get there? • Fair use • Permission • (…or maybe they’re not protected by copyright, or were created by the author)IMG_7398.JPG by danielhedrick, CC-BY-NChttp://www.flickr.com/photos/pdxsurreal/242001382/
  5. 5. Images Incorporated as Fair UseFair use in article Fair use in as published eScholarship
  6. 6. Images Incorporated by Permission Read the image agreement OA archiving OA archiving does not would violate violate the the agreement agreement Deposit only Treat like any for dark other article – Get a waiver* archiving in post it! Merritt
  7. 7. *What if the author wants to put the article in eScholarship?Instead of getting a waiver, he or she could• Ask for a different agreement for the incorporated image• Find a different image• Deposit a version of the article without the image – In any case, the policy’s license is only going to apply to what the author has written, not the images.
  8. 8. UCLA vs. AIMEUCLA had publicperformance rights andsome very specific licenselanguage.Generally-• Streaming an entire film as fair use: ambiguous• Anti-circumvention provisions: bypassing DVD encryption = bad First snowflake this season!, by PictureWendy, CC-BY-NC http://www.flickr.com/photos/picturewendy/5231649239/
  9. 9. Questions?Question mark sign, by Colin K, CC-BYhttp://www.flickr.com/photos/colinkinner/2200500024/
  10. 10. In the background…• Takedown policies• Sovereign Immunity• 504(c)(2) – “an employee or agent of a nonprofit educational institution” – “believed and had reasonable grounds for believing … was a fair use”
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