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

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 …

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.

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

Nature

Amount & substantiality

Potential market effect

Purpose of Use Specific educational use Nonprofit Spontaneous Temporary Not anthologized

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of the Work Using factual/non-fiction to inform or teach versus using fiction/literature to entertain Published versus unpublished

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Published versus unpublished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”!

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?

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

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

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

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

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

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

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”

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

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

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

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

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

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

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

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

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!

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!