NCompass Live - Aug. 30, 2017 http://nlc.nebraska.gov/ncompasslive/ Many educational activities rely on using someone else’s intellectual property under the banner of "fair use", but just how far can you take it? What are the limits and what are your responsibilities as a school librarian? This session will decipher some of the copyright and trademark laws and doctrines that determine what you should and shouldn’t do. Presenter: Scott Childers, Director, Southeast Library System.

1. The Facets of Fair Use
NCOMPASS LIVE
PRESENTED BY SCOTT CHILDERS – AUGUST 30, 2017
SCOTT.CHILDERS.SELS@GMAIL.COM

2. What is copyright?

3. Rights given to the copyright holder
Reproduction
Adaptation
Performance
Distribution
Licensing

4. Who Gets Copyright
Creator, unless being done as work for hire
Issued automatically when put in a “fixed form”
Registering is optional

5. Educational use

6. Classroom Use Exemption
(17 U.S.C. §110(1))
Classroom Use Exception is different than Fair Use
To qualify for this exemption, you must:
◦ Be in a classroom ("or similar place devoted to instruction").
◦ Be there in person, engaged in face-to-face teaching activities.
◦ Use a legally acquired copy of the work in question.
◦ Be at a nonprofit educational institution.

7. TEACH Act (2002)
The Technology, Education and Copyright Harmonization Act of 2002
Similar to Classroom Exception use case, expanding it to distance learning.
Access is limited to students and only for the length of the class
Copyright information must be provided

8. Recording programs
Some guidelines
◦ Only programs broadcast to the general public may be taped.
◦ A classroom teacher who wants a particular program taped should ask the school to tape it.
◦ May be shown only during the first ten consecutive school days.
◦ Viewed only in a classroom or similar place devoted to instruction.
◦ Multiple viewings are fine.
◦ A limited number of copies may be made.
◦ The broadcast can’t be altered
◦ After a ten-day classroom use period expires, the tape may be used only for evaluation.
◦ Not later than 45 calendar days after the tape was made, it must be destroyed.

9. Fair Use

10. What is fair use?
Fair use is the doctrine that promotes free expression by allowing, in some cases, parts of
copyrighted material to be used without the permission or payment to the copyright holder.
It is a defense, not a checklist

11. Fair Use Factors
 The purpose and character of your use
 The nature of the copyrighted work
 The amount and substantiality of the portion taken, and
 The effect of the use upon the potential market.

12. Trademarks
A trademark protects a brand or logo
No “fair use” exceptions except using the mark to describe the product (ala – the college football
athletics team from the largest university in Lincoln, NE vs Husker Football)

13. Questions?

14. Some additional resources
Copyright & Fair Use – Stanford University Libraries
http://fairuse.stanford.edu/
Exceptions for educators (Asks questions and tells you if you might be covered by fair use or
classroom exception or not)
http://librarycopyright.net/resources/exemptions/
Copyright.gov FAQs
https://www.copyright.gov/help/faq/index.html

15. Thanks for attending!