Copyright and Fair Use for USU Extension


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Copyright and Fair Use for USU Extension

  1. 1. Copyright and Fair Use<br />Britt Fagerheim<br />Coordinator of Library Services for Regional Campuses and Distance Education <br /> <br />435-797-2643<br />
  2. 2. What is Covered by Copyright?<br />Copyright is automatically granted at the time a new work is created, including works of literature, music, photography and images, and other creative works.<br />Registration or attaching a copyright notice to a work is not required.<br />Copyright grants the exclusive rights to (or authorizes others to) reproduce the work, display the work, and create derivative works.<br />
  3. 3. What is Covered by Copyright<br />A work is under copyright for 70 years after the death of the author.<br />Exception: Works created or published before 1923 (in the U.S.) are in the public domain.<br />Exception: Works produced by the U.S. government are not under copyright.<br />Luckily, copyright law includes the principal of “fair use”.<br />
  4. 4. Fair Use<br />Limited use of copyrighted material without permission of holder, for limited purposes.<br />Typically fair use covers using selections of copyrighted material in the classroom for educational purposes.<br />Four factors to consider:<br />Purpose and character of the use (commercial use or nonprofit/educational use)<br />Nature of the copyrighted work, i.e. fiction or non-fiction, published or unpublished<br />
  5. 5. Fair Use<br />Four factors cont:<br />Amount and substantiality of the portion of the work used in relation to work as a whole<br />Effect of the use upon the potential market for or value of the copyrighted work<br />See Fair Use checklists (i.e.<br />
  6. 6. Library E-Journals<br />Library e-journals and database content: okay to link directly to content in the database or journal, but typically cannot place material into Blackboard or course site.<br />Look for “durable link” or “permanent link” on the record in the database.<br />See or ask a librarian if you have any questions.<br />
  7. 7. TEACH Act<br />Update to copyright law to cover transmission and displays of copyrighted material; applies to online courses and distance education.<br />Requires university to reasonably prevent students from being able to save or print the work<br />Instructors typically need to apply traditional fair use guidelines or seek permission for online course material.<br />
  8. 8. Images<br />Assume all images are under copyright. <br />It is not sufficient to merely provide an acknowledgement for a photo or image.<br />Look for a “terms of use” or copyright information on the site and suggested credit information (i.e. <br />For classroom use, apply fair use rules.<br />
  9. 9. Images on Websites<br />Size and resolution of image is a factor, i.e. small or thumbnail images.<br />Use public domain material.<br />Obtain written permission to use image<br />Use images with a statement of permissible use or open license (Creative Commons).<br />
  10. 10. Creative Commons<br />A way for creators to specify the copyright restrictions for their works.<br />Most often found on websites and images online.<br />Licenses include Attribution, Share Alike, and/or Noncommercial, with or without allowing Derivatives.<br />
  11. 11. Images: Sources<br /> (can limit search to photos with Creative Commons copyright)<br /><br /><br />123rf<br />Some limitations on how you can display the photos.<br />
  12. 12. Revising and Adapting Works<br />Only copyright holder, typically the author, has the right to adapt or revise a work, or give this authorization to someone else.<br />Referred to as “Derivative Works”.<br />Even within Fair Use, need to gain permission before revising, adapting, or updating works created by someone else.<br />
  13. 13. Revising and Adapting Works<br />For works created at USU, can put Creative Commons copyright on work, enabling other Extension agents to adapt and revise the work.<br />Options: Attribution (others can create derivative works if they give appropriate credit) or CC0 “No Rights Reserved” (waive copyright restrictions to a work and place in public domain to extent permissible by law).<br />
  14. 14. Trademark<br />A word, phrase, symbol or design that identifies and distinguishes the source of the goods of one party from those of others (US Patent and Trademark Office).<br />Most trademarks and service marks based on use in commerce.<br />® means trademark has been filed with USPTO. ™ only means owner is claiming a trademark.<br />
  15. 15. Trademark<br />Informational use does not require written permission, i.e. using the Microsoft Word symbol in a help guide for using Word.<br />Search trademarks or find additional information at USPTO: <br />
  16. 16. Sources<br />Getting Permission: How to License and Clear Copyrighted Materials Online and Off (e-book from Merrill-Cazier Library)<br />BYU Copyright Licensing Office<br />Copyright Basics (2007). University of Michigan.<br />
  17. 17. Sources<br />Copyright and Fair Use: Stanford University Libraries (2007).<br />Cook, W. (2006). Borrowing Images from the Web. Tech Soup Learning Center.<br />Hoon, P. (2007). Know Your Copy Rights FAQ. Association of Research Libraries. <br />
  18. 18. Specific Questions?<br />Contact a librarian<br />435-797-2643<br />1-800-525-7178<br /><br />Contact USU General Council<br />435-797-1156<br />