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Copyright and Fair Use presentation for LLTC faculty, Fall Semester 2008

Copyright and Fair Use presentation for LLTC faculty, Fall Semester 2008

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Copyright and Fair Use Copyright and Fair Use Presentation Transcript

  • Copyright© & Fair Use Fall Semester 2008
  • What is Copyright?
    • Intellectual Property Rights
    • “Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works.”
    • Definition at http://www.copyright.gov/circs/circ1.html#wci
  • Copyright in the Constitution
    • Article1. Section 8. The Congress shall have power…
    • 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 …
  • How Does This Affect Us?
    • If I don’t abide by Copyright and Fair Use…
    • I could damage my reputation.
    • The college, my colleagues, and our students have their reputations damaged.
    • I could get sued.
    • The college could get sued.
    • The college could sue me for damages.
    • Copyright is your responsibility to understand and by which to abide as a citizen and as an educator.
  • Four Pieces of Fair Use
    • Purpose
    • Nature
    • Amount & substantiality
    • Potential market effect
  • Purpose of Use
    • Specific educational use
    • Nonprofit
    • Spontaneous
    • Temporary
    • Not anthologized
  • Nature of the Work
    • Using factual/non-fiction to inform or teach versus using fiction/literature to entertain
    • Published versus unpublished
  • Amount & Substantiality
    • The less you take, the less likely you will be found in violation of fair use.
    • Don’t take the “heart”!
  • Effect on Potential Market
    • Is the use depriving the owner of income?
    • Is the use undermining a new or potential market for the copyrighted work?
  • What’s in the Public Domain?
    • No ownership
    • Expired or no copyright (including pre-copyright materials not claimed by creators’ descendents)
    • Creator failed to secure copyright
    • Produced by the United States federal* government
      • * SOME FEDERAL CREATIONS HAVE USAGE STIPULATIONS AND NOT ALL LOCAL OR STATE GOVERNMENT WORKS ARE PUBLIC DOMAIN
  • Book Chapter (Okay)
    • 1 instructor copy for research, teaching, class preparation
    • 1 copy per student if
      • “ adequately brief”
      • “ spontaneously copied”
      • No negative cumulative effect on book’s market
    • Requires copyright notice and attribution
  • Book Chapters (ILLEGAL!)
    • Multiple copies used repeatedly and without permission
    • Multiple copies used to assemble a larger work (anthology)
    • Multiple copies to avoid purchase of textbooks or consumable materials
  • Articles and Short Works
    • Wait… What are articles and short works?
    • Newspaper articles
    • Magazine articles
    • Essays
    • Short stories
    • Web articles
    • Pieces under 5,000 words
  • Articles and Short Works (Okay)
    • 1 instructor copy
    • 1 copy per student
      • Brief
      • Spontaneous
      • No negative cumulative effect on market
    • Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less
    • For works of 2,500-4,999 words, 500 words may be copied
  • Articles and Short Works (ILLEGAL!)
    • Multiple copies used repeatedly and without permission
    • Multiple copies used to assemble a larger work (anthology)
    • Multiple copies to avoid purchase of textbooks or consumable materials
  • Artwork or Visual Image (Okay)
    • 1 instructor copy for research, teaching, class preparation
    • 1 copy per student if
      • “ adequately brief”
      • “ spontaneously copied”
      • No negative cumulative effect on market
    • Requires copyright notice and attribution
    • No more than 5 images from 1 source in 1 program or printing and not more than 10% or 15% of images from published collective work, whichever is less.
    • Rodin, “The Thinker”
  • Artwork or Visual Image (ILLEGAL!)
    • Multiple copies used repeatedly and without permission
    • Multiple copies used to assemble a larger work (anthology)
    • Multiple copies to avoid purchase of textbooks or consumable materials
    • Incorporation or alteration into another form or as embellishment, decoration for artistic purposes for other than temporary purposes
  • Music and Sound (Okay)
    • 1 copy of up to 10% of a composition in print, sound, or multimedia form
  • Music and Sound (ILLEGAL!)
    • Multiple copies prohibited
    • Incorporation or alteration into another form as embellishment for artistic purposes other than temporary purposes prohibited
  • Motion Media (Okay)
    • 1 copy of up to 3 minutes or 10% of the whole, whichever is less
    • Spontaneity required
  • Motion Media (ILLEGAL!)
    • Multiple copies prohibited
    • Incorporation or alteration into another form as an embellishment for artistic purposes for other than temporary purposes prohibited
  • Broadcast Programs (Okay)
    • 1 copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording
    • Use only by individual instructors
    • Copyright notice required
  • Broadcast Programs (ILLEGAL!)
    • Multiple copies prohibited
    • Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited
    • May not be done at direction of superior
    • May not be altered
  • Copyright Resources
    • US Copyright Office www.copyright.gov
    • Stanford Copyright and Fair Use Center http://fairuse.standford.edu
    • University of Texas at Austin’s “Crash Course in Copyright” http://www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htm
    • U of MN http:// www.lib.umn.edu /copyright
  • Questions?
    • Permission from the creator/copyright holder
    • Research
    • Ask
      • Librarians can help but cannot offer legal counsel!
      • Legal counsel is probably best!
    • Err on the side of caution!