12. Fair Use What is fair use? Basics of individual liability for infringement - Penalties - Good Faith Fair Use Defense (special provision of the law)
We always have to read carefully to see if we don’t break the law when we copyright something. These are some question that a person might have when we download anything from the computer.Read Questions…….. Now that we have read the questions, lets go over some key points of copyright procedures.
We are going to start with building on others’ creative expressions The sections that we are going to focus is on READ SLIDE. Lets get into each section more deeply.
Mass Digitization is part of the public domain and orphan works. Mass Digitization resides free and clear in the public domain. It is a great potential to share and enrich our lives with the public domain of knowledge and creativity. Mass Digitization has two points:click First, we are developing better tools to identify those that actually are in public domain. Click :Second, we are working with other libraries to begin developing best practices to define searches for copyright owners of different types of works such as orphan works. Just to keep in mind, searching for the owner and not finding one helps to reduce the sense that one is risking a lot by digitizing and displaying such a work.
Read slide…..Just by posting, an author impliedly grants a limited license to his or her work. Implied licenses are not as good as an express licenses. You can easily give your works as an express license by attaching a creative commons license to the materials you post on your website. Click : when you copy and distribute others’ copyrighted works without permission, a lawsuit can be against you. Libraries and Universities can also be sued. So therefore, universities must pay attention to what their networkers users are doing….
What is fair use? It is better describe as a shadowy territory whose boundaries are disputed, more now than ever, since it applies in the online environment. Making large number of copies is not the best choice eventhough it is for educational purposes. Fair use will cover a certain amount of copying, modifying, displaying, performing or distributing. Click: Basic of individual liability-Penalties- Individuals are liable for their own actions Copyright owners have sued and probably will continue to sue individuals. Click: There is one special provision of the law that requires a court to refuse to award any damages at all, eventhough the copying issue was not a fair use. Click: It is call Good Faith Fair Use defense. It only applies if the person who copied material reasonably believed that what he or she did was fair use.
Read slide….. Three questions to decide whether you need permission to use a copyright work.
Coursepacks: limit materials duplicated in coursepacks EX. Copies of materials that a faculty member possesses legallyImages Archives: limit access to all imagesCreative Users: Students, faculty, staff may incorporate others’ works into their own original creations/ display and perform the resulting workResearch copies: limit copies for EX: single chapters, articles, charts, graphs, and etc……
4 factors Factor 1- ex: nonprofit/ educational/ personal/ commercialFactor 2- imaginative/ unpublished/ fact/ publishedFactor3- small/ more than smallFactor 4: password protection/ orginal is out of print/ copyright owner is unidentifiable
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