Is it in the public domain? ◦ Before 1923: yes ◦ http://copyright.cornell.edu/resources/publicdomain.cf m for other dates Is it fair use? ◦ Purpose of use ◦ Nature of work ◦ Amount and substantiality of portion used ◦ Effect of use upon potential market or value ◦ http://copyright.columbia.edu/copyright/fair-use/fair- use-checklist/ ARL Guidelines http://www.arl.org/pp/ppcopyright/codefairuse/ code/index.shtml
Circumvention of DRM prohibited ◦ Exemptions decided by Library of Congress Short portions of Scrambled DVDs: Educational uses of films Copyright Office commissioned to study distance education.
Explicitly Permitted: ◦ Nondramatic literary/musical works ◦ Other works in reasonable and limited portions ◦ Displays of any work in amount comparable to that which is typically displayed in live classroom. Explicitly Excluded: ◦ Works marketed for online learning ◦ Known illegal copies ◦ Works meant to be used outside class (textbooks) Mediated activities ◦ Instructor supervision and planning
Analog works can’t be converted to digital except when: ◦ Limited amount (consistent with limits on performance and display mentioned earlier) ◦ AND Digital version not available to the institution OR Available digital version has DRM or format that prevents use in distance education
Ownership vs. License ◦ First sale & copyright vs. license agreement Fair use and educational use ◦ Only if included in agreement Library and Legal secure best rights possible ◦ When in doubt, link.
Code of Best Practices in Fair Use for Academic and Research Libraries http://www.arl.org/pp/ppcopyright/codefairuse/code/index.shtml Copyright Term and the Public Domain in the United States http://copyright.cornell.edu/resources/publicdomain.cfm Copyright Timeline: A History of Copyright in the United States http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtml#20C Distance Education and the TEACH Act http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_A ct&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939 DMCA: The Digital Millennium Copyright Act http://www.ala.org/ala/issuesadvocacy/copyright/dmca/index.cfm Fair Use Checklist http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/ Statement of the Librarian of Congress Relating to Section 1201 Rulemaking. http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201- Statement.html What Is Fair Use? http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html