Copyright in the Classroom presentation for dfw-aslta
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Presentation for dfw-aslta
Copyright and Using Online
Resources in the Classroom
• Rafia Mirza
• Digital Humanities Librarian
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• Copyrighted Materials
• Materials found on the Open Web
• Copyright
• Public Domain
• Fair Use
• Linking
• Best Practices
• Creative Commons
• Example: Video Search
• Licensed Materials
• Materials licensed by the library and found through Library
Resources (catalog, databases, etc.)
• Materials you personally license (Netflix, etc.)
Disclaimer: IANAL(I am not a lawyer)
The following content is advice based on local expertise and widely
adopted best practice. Neither this presentation nor any advice provided
by UTA Libraries’ Services staff constitute legal advice.
3. “Copyright is a form of protection grounded in the U.S.
Constitution and granted by law for original works of
authorship fixed in a tangible medium of expression.
Copyright covers both published and unpublished
works. ” - via copyright.gov
Copyright Registration for Motion Pictures, Including Video Recordings
“Copyright exists from the moment the work is created.
You will have to register, however, if you wish to bring a lawsuit for
infringement of a U.S. work.”
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Image via
http://ygraph.com/chart/2306
4. Copyright
• All Rights are Reserved
o This means you must ask for permission for any use not covered by Fair Use
o Without the copyright holder's permission, the work cannot be
• Used
• Adapted
• Copied
• Published
• Modified
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Image via Cory Doctorow
http://flic.kr/p/c1fe
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5. Public Domain
o The public domain consists of works that were:
o Created/published before 1923
o Works by the United States Government are considered public domain
o NIDCD policy : “Unless otherwise stated, the information on this site is not
copyrighted and is in the public domain.
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6. Public Domain
o You do not need to request permission or pay a license fee
to use these works; and, for the most part, you can use
these works in any way you wish because they are not
covered by copyright law.
o Derivative works – No restriction in the public domain
• Translation
• Dramatization
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7. Fair Use
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Image via Eric J Heels
http://www.erikjheels.com/2007-07-18-drawing-that-explains-copyright-law.html
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8. Fair Use
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o The four factors that determine whether
reproduction is fair use are purpose, nature,
amount, and market.
• Purpose: Educational and non-profit
• Nature: Published, factual, nonfiction material
• Amount: Small portion of a work
• Market: Little or no effect on sales
9. Fair Use
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o Formats: Rules of thumb
• Text: 10% or 1,000 words
• Film/Animation: 10% or 30
seconds
• Image/Illustration:
complete work, but no
more than 5 from same
artist/photographer
• Data Table: 10% or 2,500
fields or cell entries
Image by hmmlargeart
https://flic.kr/p/83Sd4d
10. Moral Consideration
4/5/2014Footer Text 10
Image by Corey Theiss.
https://flic.kr/p/kBRM
o BEST PRACTICE: Do not forget attribution.
oEven when you use a work
legally, it is best practice
to provide information
about the source
• Creator of the work
• Location of the original
• Avoid plagiarism!
oAlso, be sure you are not
breaking a site’s terms of
service.
12. Open Access
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Image via PLOS
http://commons.wikimedia.org/wiki/File:Open_Access_PLoS.svg
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Open-access (OA) literature is digital, online, free of charge, and
free of most copyright and licensing restrictions.
OA removes price barriers (subscriptions, licensing fees, pay-per-
view fees) and permission barriers (most copyright and licensing
restrictions).
- Peter Suber
15. Best Practices
• Code of Best Practices in Fair Use for
Media Literacy Education
4/5/2014Image via Media Education Lab University of Rhode Island 15
16. Example: Video Search
• YouTube Search on ASL
• YouTube and copyright
• Creative Commons
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17. Licensed Materials
• License agreement
o A contract between two or more parties stipulating
permission to use materials for a specific period and cost.
• Library licensed resources
o You can use electronic materials your library has licensed in
your classes, such as: Articles, Ebooks, Audiovisual
materials.
• Non-Library licensed resources
o Example: Netflix
• Netflix Turns a Blind Eye to Illegal Use by School Libraries
• May one stream a Netflix Video for in-class use?
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Presenter
• Rafia Mirza
• Digital Humanities Librarian
• rafia@uta.edu
This work is licensed under a
Creative Commons Attribution-NonCommercial 3.0 Unported License.
Editor's Notes
http://libguides.uta.edu/copyrightRafia
http://www.copyright.gov/help/faq/faq-general.html#whatRAFIAhttp://copyright.lib.utexas.edu/teachact.htmlhttp://www.ala.org/advocacy/copyright/teachact/faqhttp://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939http://www.ala.org/Template.cfm?Section=distanceed&Template=/ContentManagement/ContentDisplay.cfm&ContentID=34705RAFIA"Technology, Education and Copyright Harmonization Act" (the TEACH Act)“The TEACH Act: Section 110(2) Of The Copyright ActThe Technology, Education and Copyright Harmonization Act (aka TEACH Act) was enacted eight years (2002) ago as an amendment to Section 110(2) of the Copyright Act. It is, in fact, simply the current version of Section 110(2) and is not a separate law. Referencing the TEACH Act, after so many years, as the TEACH Act, has actually become misleading at this point. It is more accurate, when considering whether or not to transmit performances and displays of copyrighted materials - such as those used in online courses - to assess the options as follows:1. Is permission required from the copyright holder?2. Does the proposed use constitute a fair use as outlined in Section 107 of the Copyright Act? or2. Does the proposed use fit within the transmission performance and display exception (Section 110(2)) of the Copyright Act?Of course, if you are the copyright holder of the work or the work is in the public domain, you may use the work freely. http://www.provost.ncsu.edu/copyright/toolkit/RAFIA
Other examples of materials that fall in the public domain include works by Shakespeare and the King James version of the bible.Derivative works can be created from materials in the public domain without having to get permissions; however, the derivative work becomes its own separate work and copyright applies accordingly.Talk about citing photos here
In the United States, fair use is an exception to copyright law allowing users to reproduce copyrighted work “for purposes such as criticism, comment, news reporting, teaching . . . , scholarship, or research” (to quote the U.S. copyright statute).13Fair use has four characteristics that matter to us here. First, the permission for fair use is granted by law and needn’t be sought from the copyright holder. Or equivalently, the statute assures us that no permission is needed because fair use “is not an infringement of copyright.” Second, the permission is limited and doesn’t cover all the uses that scholars might want to make. To exceed fair use, users must obtain permission from the copyright holder. Third, most countries have some equivalent of fair use, though they differ significantly in what they allow and disallow. Finally, fair use is vague. There are clear cases of fair use (quoting a short snippet in a review) and clear cases of exceeding fair use (reprinting a full-text book), but the boundary between the two is fuzzy and contestable. (ch 3 suber) http://mitpress.mit.edu/sites/default/files/titles/content/openaccess/Suber_10_chap3.htmlhttp://www.copyright.gov/help/faq/faq-fairuse.html#howmuchRAFIA
“Section 107 [of copyright law] contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.”Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposesThe nature of the copyrighted workThe amount and substantiality of the portion used in relation to the copyrighted work as a wholeThe effect of the use upon the potential market for, or value of, the copyrighted work. In the United States, fair use is an exception to copyright law allowing users to reproduce copyrighted work “for purposes such as criticism, comment, news reporting, teaching . . . , scholarship, or research” (to quote the U.S. copyright statute).13“Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly report”(ch.3Suber)Fair use has four characteristics that matter to us here. First, the permission for fair use is granted by law and needn’t be sought from the copyright holder. Or equivalently, the statute assures us that no permission is needed because fair use “is not an infringement of copyright.” Second, the permission is limited and doesn’t cover all the uses that scholars might want to make. To exceed fair use, users must obtain permission from the copyright holder. Third, most countries have some equivalent of fair use, though they differ significantly in what they allow and disallow. Finally, fair use is vague. There are clear cases of fair use (quoting a short snippet in a review) and clear cases of exceeding fair use (reprinting a full-text book), but the boundary between the two is fuzzy and contestable. (ch 3 suber) http://mitpress.mit.edu/sites/default/files/titles/content/openaccess/Suber_10_chap3.htmlhttp://www.copyright.gov/help/faq/faq-fairuse.html#howmuchThe four factors judges consider are:the purpose and character of your usethe nature of the copyrighted workthe amount and substantiality of the portion taken, andthe effect of the use upon the potential market. (Fair use Overview, Stanford Libraires ) RAFIA
PEACE
http://www.chillingeffects.org/linkinhttp://fairuse.stanford.edu/overview/website-permissions/linking/g/faq.cgiRafiaIt’s okay to link to other websites, but maybe in grey area if copy and paste from website and then provide the link to it. Always check on links, because they are subject to change.
Rafia
Rafia
Rafia
http://www.copyright.gov/help/faq/faq-general.html#whatRAFIAhttp://copyright.lib.utexas.edu/teachact.htmlhttp://www.ala.org/advocacy/copyright/teachact/faqhttp://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939http://www.ala.org/Template.cfm?Section=distanceed&Template=/ContentManagement/ContentDisplay.cfm&ContentID=34705RAFIA"Technology, Education and Copyright Harmonization Act" (the TEACH Act)“The TEACH Act: Section 110(2) Of The Copyright ActThe Technology, Education and Copyright Harmonization Act (aka TEACH Act) was enacted eight years (2002) ago as an amendment to Section 110(2) of the Copyright Act. It is, in fact, simply the current version of Section 110(2) and is not a separate law. Referencing the TEACH Act, after so many years, as the TEACH Act, has actually become misleading at this point. It is more accurate, when considering whether or not to transmit performances and displays of copyrighted materials - such as those used in online courses - to assess the options as follows:1. Is permission required from the copyright holder?2. Does the proposed use constitute a fair use as outlined in Section 107 of the Copyright Act? or2. Does the proposed use fit within the transmission performance and display exception (Section 110(2)) of the Copyright Act?Of course, if you are the copyright holder of the work or the work is in the public domain, you may use the work freely. http://www.provost.ncsu.edu/copyright/toolkit/RAFIA
http://www.chillingeffects.org/linkinhttp://fairuse.stanford.edu/overview/website-permissions/linking/g/faq.cgiRafiaIt’s okay to link to other websites, but maybe in grey area if copy and paste from website and then provide the link to it. Always check on links, because they are subject to change.
http://libguides.uta.edu/linkingLYDIA Lydia can take over on the Pdfsvx items with limited seats—if this is ok w/you Lydia
[East Corridor, First Floor. Mosaic in domed lobby at head of stairway leading to ground floor, with quotation "Knowledge is power." Library of Congress Thomas Jefferson Building, Washington, D.C.] (LOC)http://www.flickr.com/photos/library_of_congress/7562151600/