THE
Copy(W)Right
STUFF
A HYPOTHETICAL
Gerry McKiernan
Panel Discussion on Copyright
ISU Library
Training Session
Room 192
March 27, 2003
8:30 AM – 10:00AM
DISCLAIMER
I AM NOT A
COPYRIGHT
LAWYER
*** NOR ***
DO I PLAY ONE
ON TV.
QUESTION OF THE DAY
What Major Event
Happened on
December 17th?
Iowa State University Library
Hypothetical Activities
MONTHLY ACTIVITIES
• EXHIBIT
• DATABASE OF THE MONTH
• REFERENCE BOOKS OF THE
MONTH
• FEATURED LEISURE READING
• VIDEO(S)
Database of the Month
Reference Books of the Month
Database of the Month
Featured Leisure Reading
VIDEO
VIDEOS
The Wright
Stuff:
The Wright
Brothers and
the Invention
of the Airplane
Wilbur &
Orville
Wright:
Dreams of
Flying
To Commemorate the 100th
Anniversary
of the
First Powered Flights
of the
Wright Brothers
on
December 17, 1903
The
William Robert Parks and Ellen
Sorge Parks Library
Iowa State University
PRESENTS
Wilbur & Orville Wright: Dreams of Flying
The Wright Stuff:
The Wright Brothers and the
Invention of the Airplane
********...
Seminar Room
(Rm 192)
Parks Library
December 17, 2003
SHOWINGS
• Wright Stuff
– 10 AM – 11 AM
– 1 PM - 2 PM
• Dreams of Flying
– 11 AM – Noon
– 2 PM - 3 PM
ONLY
IOWA STATE UNIVERSITY
COMMUNITY
ONLY
QUESTION OF THE DAY
Is the showing of the
Wright Brothers video(s)
permissible under
the Fair Use
provisions of the
U.S. C...
Why?
Why Not?
United States Code
TITLE 17 || COPYRIGHTS
CHAPTER 1.
SUBJECT MATTER and SCOPE of COPYRIGHT
Sec. 106. - Exclusive Rights in...
United States Code
TITLE 17 || COPYRIGHTS
CHAPTER 1.
SUBJECT MATTER and SCOPE of COPYRIGHT
Sec. 106. - Exclusive Rights in...
United States Code
TITLE 17 || COPYRIGHTS
CHAPTER 1.
SUBJECT MATTER and SCOPE of COPYRIGHT
Sec. 107. - Limitations on Excl...
Sec. 107. –
Limitations on Exclusive Rights: Fair Use
(1) the purpose and character of the use, including whether
such use...
United States Code
TITLE 17 || COPYRIGHTS
CHAPTER 1.
SUBJECT MATTER and SCOPE of COPYRIGHT
Sec. 110. – Limitations on Excl...
Sec. 110. -
Limitations on Exclusive Rights:Exemption
of Certain Performances and Displays
[Continued]
(1) performance or ...
List of Conditions
Classroom Use of Videocassettes
• It must be shown by students, instructors, or
guest lecturers
• It mu...
List of Conditions
Classroom Use of Videocassettes
[Continued]
• It must be shown in a face-to-face setting or
where stude...
QUESTION OF THE DAY
Is the showing of the
Wright Brothers video(s)
permissible under
the Fair Use
provisions of the
U.S. C...
Why?
Why Not?
WORKING DRAFT
MARCH 26, 2003
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Copy wright

  1. 1. THE Copy(W)Right STUFF A HYPOTHETICAL
  2. 2. Gerry McKiernan Panel Discussion on Copyright ISU Library Training Session Room 192 March 27, 2003 8:30 AM – 10:00AM
  3. 3. DISCLAIMER I AM NOT A COPYRIGHT LAWYER *** NOR *** DO I PLAY ONE ON TV.
  4. 4. QUESTION OF THE DAY What Major Event Happened on December 17th?
  5. 5. Iowa State University Library Hypothetical Activities
  6. 6. MONTHLY ACTIVITIES • EXHIBIT • DATABASE OF THE MONTH • REFERENCE BOOKS OF THE MONTH • FEATURED LEISURE READING • VIDEO(S)
  7. 7. Database of the Month
  8. 8. Reference Books of the Month
  9. 9. Database of the Month
  10. 10. Featured Leisure Reading
  11. 11. VIDEO
  12. 12. VIDEOS The Wright Stuff: The Wright Brothers and the Invention of the Airplane
  13. 13. Wilbur & Orville Wright: Dreams of Flying
  14. 14. To Commemorate the 100th Anniversary of the First Powered Flights of the Wright Brothers on December 17, 1903
  15. 15. The William Robert Parks and Ellen Sorge Parks Library Iowa State University PRESENTS
  16. 16. Wilbur & Orville Wright: Dreams of Flying The Wright Stuff: The Wright Brothers and the Invention of the Airplane *********************
  17. 17. Seminar Room (Rm 192) Parks Library December 17, 2003
  18. 18. SHOWINGS • Wright Stuff – 10 AM – 11 AM – 1 PM - 2 PM • Dreams of Flying – 11 AM – Noon – 2 PM - 3 PM
  19. 19. ONLY IOWA STATE UNIVERSITY COMMUNITY ONLY
  20. 20. QUESTION OF THE DAY Is the showing of the Wright Brothers video(s) permissible under the Fair Use provisions of the U.S. Code?
  21. 21. Why? Why Not?
  22. 22. United States Code TITLE 17 || COPYRIGHTS CHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHT Sec. 106. - Exclusive Rights in Copyrighted Works Subject to sections 107 through 121, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  23. 23. United States Code TITLE 17 || COPYRIGHTS CHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHT Sec. 106. - Exclusive Rights in Copyrighted Works [Continued] (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
  24. 24. United States Code TITLE 17 || COPYRIGHTS CHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHT Sec. 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 -
  25. 25. Sec. 107. – Limitations on Exclusive Rights: Fair Use (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.
  26. 26. United States Code TITLE 17 || COPYRIGHTS CHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHT Sec. 110. – Limitations on Exclusive Rights: Exemption of Certain Performances and Displays Notwithstanding the provisions of Section 106, the following are not infringements of copyright:
  27. 27. Sec. 110. - Limitations on Exclusive Rights:Exemption of Certain Performances and Displays [Continued] (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;
  28. 28. List of Conditions Classroom Use of Videocassettes • It must be shown by students, instructors, or guest lecturers • It must be shown as part of an instructional program • It must be shown in a classroom or other school location devoted to instruction such as a studio, workshop, library, gymnasium, or auditorium if it is used for instruction
  29. 29. List of Conditions Classroom Use of Videocassettes [Continued] • It must be shown in a face-to-face setting or where students and teacher(s) are in the same building or general area • It must be shown only to students and educators • It must be shown using a legitimate copy • It may not be used for entertainment or recreation. Peggy Hoon (Editor). Guidelines for Educational Use of Copyrighted Materials: Designed for Educators and Librarians in the Higher Education Setting. Pullman: Washington State University Press, 1997. 12
  30. 30. QUESTION OF THE DAY Is the showing of the Wright Brothers video(s) permissible under the Fair Use provisions of the U.S. Code?
  31. 31. Why? Why Not?
  32. 32. WORKING DRAFT MARCH 26, 2003

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