by Gelardin New Media Center

1. Copyright & Fair Use
for web publishing& multimedia
Image by HoriaVarlan

2. Our goals today
 Just enough Copyright
 How to use other people’s stuff
 Questions / Discussion

3. We’re UNDER-cautious
Image from Jackass

4. We’re OVER-cautious
Image from A Christmas Story

5. COPYRIGHT
Why?

6. COPYRIGHT: why?
“Encourage creation and
proliferation of new ideas
via a period of limited
exclusivity.”

7. COPYRIGHT: why?
Allow creators to
make a living

8. COPYRIGHT: why?
Society
needs
more
creations!
Image by Fostersartofchilling(Flickr.com)

9. COPYRIGHT: why?
A limited monopoly.
Image by woodlywonderworks (Flickr.com)

10. COPYRIGHT: why?
Copyright law has been augmented.
Image by woodlywonderworks (Flickr.com)

11. COPYRIGHT
What?

12. COPYRIGHT: what?
Almost everything is copyrighted.

13. COPYRIGHT: what?
“Fixed
format”
Image by photosteve101 (Flickr.com)

14. COPYRIGHT: what?
Creators have exclusive rights:
 Copies
 Derivatives
 Etc…

15. COPYRIGHT: what?
Photographs
Illustrations
Poetry
Videos
Software code
Video games
Choreography
Sheet music
Recorded music
…

16. COPYRIGHT: what?
Assume it’s copyrighted.

17. COPYRIGHT:contentious
http://vimeo.com/36881035
By Kirby Ferguson

18. COPYRIGHT:
misconceptions
Image by uwdigitalcollections (Flickr.com)

19. COPYRIGHT: misconceptions
MYTH:
If accessible on the internet, use however you please.

20. COPYRIGHT: misconceptions
MYTH:
©
Only copyrighted if has copyright symbol.

21. COPYRIGHT: misconceptions
MYTH:
Giving credit is always enough.
Image by woodlywonderworks (Flickr.com)

22. USING
copyrighted stuff

23. USING copyrighted stuff
Common uses:
 Presentations
 Blogs
 Videos & Films
 Podcasts
 Teaching materials

24. USING copyrighted stuff
Using what’s Asserting
“O.K.” “Fair Use”
• Permission Being bold, but
• Public Domain reasonable.
• “Kind” Licenses

25. Using what’s
1. Get Permission “O.K.”
Image by david.nikonvscanon (Flickr.com)

26. Using what’s
2. Public Domain “O.K.”
!= “available in public”

27. Using what’s
2. Public Domain “O.K.”
Includes:
Most works by U.S. Gov.

28. Using what’s
2. Public Domain “O.K.”
Includes:

29. Using what’s
2. Public Domain “O.K.”
Includes:
words, phrases,
facts, data, ideas,
principles, concepts
Never copyrighted.

30. Using what’s
2. Public Domain “O.K.”
Includes:
Gifted to P.D.
Image by asenat29 (Flickr.com)

31. Using what’s
2. Public Domain “O.K.”
Examples:
 Englishlanguage
 Shakespeare
 Beethoven*
Image by asenat29 (Flickr.com)

32. Using what’s
2. Public Domain “O.K.”
No big magic list.

33. Using what’s
2. Public Domain “O.K.”
It takes research.
Image by English106 (Flickr.com)

34. Using what’s
2. Public Domain “O.K.”
There are better options.
Image by asenat29 (Flickr.com)

35. Using what’s
3. Kindly-Licensed “O.K.”

36. Using what’s
3. Kindly-Licensed “O.K.”
Flickr.com/creativecommons

37. Using what’s Asserting
“O.K.” “Fair Use”

38. Fair Use is…
Asserting
“Fair Use”
…asserting legal right
to use copyrighted
materials, without
permission, in a
transformative way, in
a reasonable quantity,
without excessive
harm to the copyright
holder.

39. Fair Use is…
Asserting
“Fair Use”
Built into
…asserting legal right
copyright law.
to use copyrighted
materials, without
permission, in a
transformative way, in
a reasonable quantity,
without excessive
harm to the copyright
holder.

40. Fair Use is…
Asserting
“Fair Use”
…asserting legal right
to use copyrighted
materials, without No permission,
licenses needed.
permission, in a
transformative way, in
a reasonable quantity,
without excessive
harm to the copyright
holder.

41. Fair Use is…
Asserting
“Fair Use”
…asserting legal right
to use copyrighted
materials, without
permission, in a
transformative way, in
a reasonable quantity, Important
without excessive limitations.
harm to the copyright
holder.

42. Fair Use is…
Asserting
“Fair Use”
…asserting legal right
to use copyrighted When
materials, without benefit to
permission, in a society
transformative way, in outweighs
a reasonable quantity, costs to
without excessive creators.
harm to the copyright
holder.

43. Fair Use
Asserting
“Fair Use”
Enables:
 News
 Parody
 Documentaries
 Scholarship
 Social criticism

44. Fair Use is…
Asserting
“Fair Use”
Protection
from
monopoly
on ideas.

45. Fair Use is…
Asserting
“Fair Use”
…a balancing act.
rights of owners
vs.
creation of culture.
Image by Aslaskan Dude (Flickr.com)

46. Fair Use is…
Asserting
“Fair Use”
You need to
…not black &
consider
white. ALL the
factors.

47. When is it FAIR USE?
Asserting
“Fair Use”
Four Factor Test:
1. Purpose
From Section 107 of U.S.
2. Nature Copyright Act.
3. Amount
4. Effect on value

48. When is it FAIR USE?
Asserting
“Fair Use”
1. The Purpose / Character of use
 Is it “transformative” ?
 Criticism, commentary, news reporting,
teaching, scholarship, parody, or research.

49. When is it FAIR USE?
Asserting
“Fair Use”
Transformative examples
Parody
Image from “Food Chain Barbie” by Tom Forsythe

50. When is it FAIR USE?
Asserting
“Fair Use”
Transformative examples
Commentary /
Parody
Image from The Colbert Report

51. When is it FAIR USE?
Asserting
“Fair Use”
Transformative examples
Commentary /
News*
*Need not be good
journalism
Image from The Colbert Report

52. When is it FAIR USE?
Asserting
“Fair Use”
Transformative examples
“Small
amount”
Image from The Colbert Report

53. When is it FAIR USE?
Asserting
“Fair Use”
Transformative examples
“Small amount” /
Informational
Image from The Colbert Report

54. When is it FAIR USE?
Asserting
“Fair Use”
2. The Nature of use
 Unpublished?
 Available for education market?
 Courts favor the arts over nonfiction;
art, music, poetry, feature films…

55. When is it FAIR USE?
Asserting
“Fair Use”
3. The Amount
 How much of the original?
 Proportional?
 Enough to make your point?
 Lesser quality = less than full amount.

56. When is it FAIR USE?
Asserting
“Fair Use”
4. The Effect on Market
 Is the creator losing money?
 Could you have recently bought or
licensed it?

57. When is it FAIR USE?
Asserting
“Fair Use”
 Transformative
 Small amount

58. When is it FAIR USE?
Asserting
“Fair Use”
 Transformative
 Small amount
ALSO…
 Drawn from multiple sources

59. When is it FAIR USE?
Asserting
“Fair Use”
 Transformative
 Small amount
ALSO…
 Drawn from multiple sources
 For teaching

60. When is it FAIR USE?
Asserting
“Fair Use”
 Transformative
 Small amount
ALSO…
 Drawn from multiple sources
 For teaching
 Non-profit use*

61. When is it FAIR USE?
Asserting
“Fair Use”
 Transformative
 Small amount
ALSO…
 Drawn from multiple sources
 For teaching
 Non-profit use*
 Restricted access

62. When is it FAIR USE?
Asserting
“Fair Use”
 Transformative
 Small amount
ALSO…
 Drawn from multiple sources
 For teaching
 Non-profit use*
 Restricted access
 Attribution whenever possible

63. When is it FAIR USE?
Asserting
“Fair Use”
 Transformative
 Small amount
ALSO…
 Drawn from multiple sources
 For teaching
 Non-profit use*
 Restricted access
 Attribution whenever possible
 Show a good-faith effort

64. NOT Fair Use?
Asserting
“Fair Use”
 Satire (not parody)
 Non-transformative
 For-profit

65. NOT Fair Use?
Asserting
“Fair Use”
 Small amount
 Educational
 Noncommercial
 Lost $
Carnegie Hall

66. NOT Fair Use?
Asserting
“Fair Use”
 Lost $
 Commercial
 Used heart of
work
Beating of Reginald Denny

67. NOT Fair Use?
Asserting
“Fair Use”
 Lost $
 Used heart of
work

68. Fair Use is EVOLVING.
Asserting
“Fair Use”
Image by Kevin Dooley (Flickr.com)

69. Not all TOP-DOWN.
Asserting
“Fair Use”
Image by Phil Roeder (Flickr.com)

70. Practices influence law.
Asserting
“Fair Use”
Image by Phil Roeder(Flickr.com)

71. Best Practices.
Asserting
“Fair Use”
Image by Phil Roeder(Flickr.com)

72. Fair Use “Bill of Rights”.
Asserting
“Fair Use”
Image by Phil Roeder(Flickr.com)

73. COPYRIGHT also evolving.
Asserting
“Fair Use”
© ©
© ©
Image by Kevin Dooley (Flickr.com)

74. An ongoing battle.
Asserting
“Fair Use”
“Intellectual property” vs“digital copies”
Image by uwdigitalcollections (Flickr.com)

75. To re-cap
Most stuff is copyrighted.

76. To re-cap
Many ways to use copyrighted stuff:
• Public domain
• Get permission
• Licensed materials
• Fair use

77. To re-cap
FAIR USE
boldly asserting our right to use bits of
copyrighted stuff in transformative
ways – but no clear lines.