2. The Copyright Act
The Copyright Act of 1976, along with its amended
provisions, is the basis of copyright law in the United
States.
The Act spells out the basic rights of copyright holders
and the doctrine of “Fair Use.”
Under section 102 of the Act, copyright protection
extends to "original works of authorship fixed in any
tangible medium of expression, now known or later
developed, from which they can be perceived,
reproduced, or otherwise communicated, either directly
or with the aid of a machine or device.“
The 1976 Act preempts all previous copyright law in the
United States.
3. The Copyright Act
The Act defines "works of authorship" as any of the
following:
literary works;
musical works, including any accompanying words;
dramatic works, including any accompanying music;
pantomimes and choreographic works;
pictorial, graphic, and sculptural works;
motion pictures and other audiovisual works;
sound recordings;
architectural works (added in 1990).
4. The Copyright Act
The wording of section 102 is significant because
previously copyright protection attached to original
works only when those works were 1). published and
2). had a notice of copyright affixed.
The current Act provides that as soon as you create
an “original” work that is “fixed;” you get copyright
protection automatically.
No longer is a copyright notice on the work required
for protection.
No longer must the work be registered with the U.S.
Copyright Office to be protected.
5. The Copyright Act
Section 106 granted five exclusive rights to copyright
holders:
1. the right to reproduce (copy),
2. the right to create derivative works of the original
work,
3. the right to sell, lease, or rent copies of the work to
the public,
4. the right to perform the work
5. the right to display the work publicly
The section was amended in 1995 to include a sixth
exclusive right—the right to perform a sound
recording by means of digital audio.
6. The Fair Use Doctrine
As amended in 1976, federal copyright law does
provide some limits to an author’s exclusive control
of a copyrighted work.
Section 107 provides that “the fair use of a
copyrighted work, including such use by
reproduction in copies … for purposes such as
criticism, comment, news reporting, teaching
(including multiple copies for classroom use),
scholarship, or research, is not an infringement of
copyright.”
This is what is commonly known as the “Fair Use
Doctrine.”
7. The Fair Use Doctrine
Section 107 sets out four factors to be considered in
determining whether or not a particular use is fair:
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. amount and substantiality of the portion used in
relation to the copyrighted work as a whole;
4. the effect of the use upon the potential market for
or value of the copyrighted work.
8. The Fair Use Doctrine
Under the Fair Use Doctrine, using copyrighted
material in a classroom without obtaining prior
permission from the author may be permissible, but
this is not a given.
Determining whether your contemplated use is a “fair
use,” and, therefore, is not copyright infringement,
requires careful consideration of all the factors
relevant to your specific situation.
Even in education, not all uses are fair uses. When
in doubt you should always seek legal counsel or
seek permission from the owner of the copyright.
9. Educational Fair Use Guidelines
Publishers and the academic community have
established a set of educational fair use guidelines to
provide "greater certainty and protection " for
teachers.
While the guidelines are not part of the federal
Copyright Act, they are recognized by the Copyright
Office and by judges as minimum standards for fair
use in education.
Please note that these guidelines do not apply to
copyrighted works for which your institution has
already obtained licenses such as electronic journals
or databases subscribed to by the library. These
works are subject to individual license agreements
and will be addressed later.
10. Educational Fair Use Guidelines
The educational fair use guidelines apply to material
used in educational institutions and for educational
purposes.
"Educational purposes" means:
non-commercial instruction or curriculum based teaching
by educators to students at nonprofit educational
institutions
planned non-commercial study or investigation directed
toward making a contribution to a field of knowledge, or
presentation of research findings at non-commercial peer
conferences, workshops or seminars.
Adapted from the Stanford Universities Libraries, Copyright and Fair Use Overview
11. Educational Fair Use Guidelines
Reproducing Text Materials for In Class Use
The guidelines permit a teacher to make one copy of
any of the following:
a chapter from a book;
an article from a periodical or newspaper;
a short story, short essay or short poem;
a chart, graph, diagram, drawing, cartoon or picture from
a book, periodical or newspaper.
Adapted from the Stanford Universities Libraries, Copyright and Fair Use Overview
12. Educational Fair Use Guidelines
Teachers may photocopy articles to hand out in
class, but the guidelines impose restrictions.
Classroom copying cannot be used to replace texts
or workbooks used in the classroom.
Pupils cannot be charged more than the actual cost
of photocopying.
The number of copies cannot exceed more than one
copy per pupil.
A notice of copyright must be affixed to each copy.
Adapted from the Stanford Universities Libraries, Copyright and Fair Use Overview
13. Educational Fair Use Guidelines
Reproducing Text Materials for In Class Use
Examples of what can be copied and distributed in class
include:
a complete poem if less than 250 words or an excerpt of not
more than 250 words from a longer poem;
a complete article, story or essay if less than 2,500 words, or
an excerpt from any prose work of not more than 1,000 words
or 10% of the work, whichever is less;
one chart, graph, diagram, drawing, cartoon or picture per book
or per periodical issue.
No more than one short poem, article, story, essay or two
excerpts may be copied from the same author, nor more
than three from the same collective work or periodical
volume (for example, a magazine or newspaper) during
one class term.
Adapted from the Stanford Universities Libraries, Copyright and Fair Use Overview
14. Educational Fair Use Guidelines
Reproducing Text Materials for In Class Use
Only nine instances of such copying for one course
during one school term are permitted.
In addition, the idea to make copies and their actual
classroom use must be so close together in time that
it would be unreasonable to expect a timely reply to
a permission request.
Teachers may not photocopy workbooks, texts,
standardized tests or other materials that were
created for educational use.
Adapted from the Stanford Universities Libraries, Copyright and Fair Use Overview
15. Educational Fair Use Guidelines
Reproducing Music
A music instructor can make copies of excerpts of sheet music
or other printed works, provided that the excerpts do not
constitute a "performable unit" such as a whole song, section,
movement or aria.
In no case can more than 10% of the whole work be copied
and the number of copies may not exceed one copy per pupil.
Printed copies that have been purchased may be edited or
simplified provided that the fundamental character of the work
is not distorted or the lyrics altered (or added).
A single recording of a performance of copyrighted music may
be made by a student for evaluation or rehearsal purposes,
and the educational institution or individual teacher may keep
a copy. In addition, a single copy of a sound recording owned
by an educational institution or an individual teacher (such as
a tape, disc or cassette) of copyrighted music may be made
for the purpose of constructing aural exercises or
examinations, and the educational institution or individual
teacher can keep a copy.
Adapted from the Stanford Universities Libraries, Copyright and Fair Use Overview
16. Educational Fair Use Guidelines
Reproduction of Music
Instructors may not:
copy sheet music or recorded music for the purpose of creating
anthologies or compilations used in class;
copy from works intended to be "consumable" in the course of study or
teaching such as workbooks, exercises, standardized tests and answer
sheets and like material;
copy sheet music or recorded music for the purpose of performance,
except for emergency copying to replace purchased copies which are not
available for an imminent performance (provided purchased replacement
copies are substituted in due course);
copy any materials without including the copyright notice which appears
on the printed copy.
If copyrighted sheet music is out of print (not available for sale), an
educator can request permission to reproduce it from the music
publisher.
Adapted from the Stanford Universities Libraries, Copyright and Fair Use Overview
17. Education Fair Use Guidelines
Recording Broadcast Television Programs
Broadcast television is defined as all stations
transmitted without charge to the general public.
Instructors can record television programs
transmitted by broadcast television and these can be
shown in class without copyright holder permission
under the following conditions:
18. Education Fair Use Guidelines
Recording Broadcast Television Programs
It will be displayed by, or under the direct supervision
of, a faculty member or adjunct professor.
It will be displayed only in the classroom and only to
students enrolled in the class.
It is directly relevant to the teaching content of the
course.
Its copyright notice will be shown or the students will
be informed that the work may be copyright
protected.
No laws were broken in the making or acquisition of
the work.
Additionally --------
19. Education Fair Use Guidelines
Recording Broadcast Television Programs
The program will only be shown during the 10 school
days following its broadcast.
It will be shown no more than twice in each class.
It will be shown only in one semester.
It will not be edited or manipulated.
Within 45 calendar days of the broadcast, the
recording will be purchased or licensed or the copy
will be erased.
20. Fair Use & Distance Learning
Up to this point we have covered the statutory
exemptions and established guidelines for
educational fair use of copyrighted materials used in
face to face classroom instruction.
When copyrighted materials, whether text or digital
multi-media, are uploaded to the web the statutory
and established guidelines are more restrictive.
However, the fair use exemption is medium-neutral;
it applies to the use of both print and digital content
alike.
21. Fair Use & Distance Learning
First, it should be noted that posting copyrighted
materials to a website to which the general public
has access (even a course specific website) is a
violation of copyright law.
The following guidelines apply to copyrighted works
presented online through the MySJRstate portal or
Blackboard software which are restricted by
password to students currently enrolled in that
course.
The proceeding guidelines provide guidance for the
use, without permission, of portions of lawfully
acquired copyrighted works.
22. Fair Use & Distance Learning
These guidelines are intended to apply to
educational multimedia projects that incorporate
educators' original material, such as course notes or
commentary, together with various copyrighted
media formats, including motion pictures, music, text
material, and graphics/ illustrations.
The guidelines are voluntary and do not have the
force of law.
If you follow the guidelines, it is highly likely that your
use is fair use.
The newly created work that includes copyrighted
material may only be used for learning activities.
23. Fair Use & Distance Learning
Student Guidelines
Students may incorporate portions of copyrighted
materials when producing a project for a specific
course.
Students may perform and display their own projects
and use them in their portfolio or use the project for
job interviews or as supporting materials for
application to graduate school.
24. Fair Use & Distance Learning
Faculty Guidelines
Faculty may include portions of copyrighted
works when producing their own multimedia
project for their teaching in support of curriculum-based
instructional activities at educational
institutions.
Faculty may use their project for:
assignments for student self-study
for remote instruction provided the network is secure
and is designed to prevent unlawful copying
for conferences, presentations, or workshops
for their professional portfolio
25. Fair Use & Distance Learning
Both educators and students must provide attribution
and acknowledgment of the source of copyrighted
materials
They must include a notice of use restrictions under
copyright law on the opening screen of the program
and any accompanying print material.
For example:
“The materials on this course Web site are only for
the use of students enrolled in this course for
purposes associated with this course and may not
be retained or further disseminated.”
26. Fair Use & Distance Learning
Further the access to the copyrighted materials
should be time limited.
The material should only be available for15 days.
After that15-day period, the material could be put on
reserve for up to two years.
After the two-year period, permission from the
copyright holder would be required.
27. Educational Fair Use & the Internet
Many people assume that everything posted on the
Internet is public domain.
However, once expression is committed to a tangible
medium (and computer media is considered
tangible), copyright protection is automatic. So,
postings of all kinds are protected exactly as
published printed works.
And are subject to the same fair use exemptions as
all other forms of copyrighted works.
28. Educational Fair Use & the Internet
In most cases simply linking to another site is not a
violation of copyright. However, if the site you are linking
to is violating copyright, your link could constitute a
further copyright violation.
Copying text, graphics, video or other online content from
the Web should be avoided unless the site specifically
states that the material may be used.
Use of Creative Commons licenses is growing
(www.creativecommons.org).
Using a Creative Commons notice, creators specify the
rights conveyed to users — such as to copy, distribute,
display, and perform the work, provided attribution is
given.
If rights are specified you are required to follow those
guidelines.
29. Library Online Databases
Unlike other forms of information, the Library’s online
databases are not subject to the Fair Use Doctrine of
the Copyright Law because they are covered by
vendor-specific licensing agreements.
These agreements spell out in detail who may
access the information and how that information can
be displayed.
Our licensing agreements do not allow faculty to
download (save) a copy of an article from one of our
online databases and repost it on your Blackboard
course website or portal page.
30. Library Online Databases
Many of our online databases offer “persistent links”;
a url which can be used to link students directly to
the article.
Unfortunately, these persistent links only work if
accessed from a college computer.
As a result, the Library encourages faculty who wish
to utilize an article from one of our online databases
to provide students with the database name from
which the article can be retrieved and bibliographic
information such as author and title. Students may
then access the online database and, using the
information you provide, locate the article(s) in the
specific database.
31. Copyright is the Law
This presentation has provided some broad outlines
of both copyright law and the fair use exception.
Please note that there are no hard and fast rules;
each instance of “fair use” must be individually
measured against the four criteria.
When there is any doubt that your intended use is
“fair use” it is the obligation of the user (you) to get
legal council or to pursue purchasing the rights to the
materials in question through your department.
Nothing in this presentation should be construed
as legal advice. These guidelines are simply that
and in no way guarantee exemption from
infringement.
32. Sources Used for this Presentation include:
Stanford Universities Libraries, Copyright and Fair
Use Overview
United States Copyright Office
United States Copyright Office, Report on Copyright and
Digital Distance Education
University of Maryland Libraries, Copyright and Fair
Use in the Classroom, on the Internet, and the World
Wide Web
Purdue University Copyright Office, Copyright Basics:
an Overview
Baruch College, Interactive Guide to Using
Copyrighted Material in Your Courses
33. Sources Used for this Presentation include:
University of North Carolina School of Education,
Fair Use
University of Texas, Fair Use of Copyrighted
Materials
University of Texas, Using Materials from the
Internet