This document provides an overview of copyright and fair use for digital projects. It discusses that copyright gives authors exclusive rights over their original works but that there are limitations like fair use and works being in the public domain. It outlines the four factors of fair use and provides examples of analyzing whether permission is needed or if exceptions like fair use apply. It also discusses other legal and ethical issues to consider like privacy, contracts, and licenses. The document aims to help people navigate copyright issues and make informed decisions when gathering and sharing content for their projects.

1. Copyright & Fair Use for Digital Projects
Copyright & Fair Use
for Digital Projects
UC Berkeley Library
Office of Scholarly Communication Services
November 10, 2020

2. YOU HAVE A VISION FOR YOUR PROJECT

3. Text
Photos
Videos
Maps
Data sets
More
YOU’RE GATHERING & CREATING CONTENT

4. We’ll help you
think about
other people’s stuff
Edwards, F., Lee, H., Esposito, M., 2019. Risk of being killed by
police use of force in the United States by age, race–ethnicity, and
sex. Proceedings of the National Academy of Sciences..
doi:10.1073/pnas.1821204116

5. Or their images...
https://www.aclunebraska.org/en/node/229
Photo by Erik McGregor/Getty Images

6. Crime & Punishment, 1866
В начале июля, в чрезвычайно
жаркое время, под вечер, один
молодой человек вышел из своей
каморки, которую нанимал от
жильцов в С — м переулке, на
улицу и медленно, как бы в
нерешимости, отправился к К — ну
мосту.
Pevear & Volokhonsky, 1992
At the beginning of July, during an
extremely hot spell, towards
evening, a young man left the
closet he rented from tenants in
S----y lane, walked out to the
street, and slowly, as if
indecisively, headed for the K----n
Bridge
Or their text...

7. And what it means to
have their permission
This work may be freely reproduced, stored, and transmitted,
electronically or otherwise, for any non-commercial purpose.

8. You’re an author
& you have rights

9. Copyright

10. attribution vs. permission
Dan4thNicholas, CC-BY, h2ps://flic.kr/p/8PEZiG Sakaki0214, CC-BY-NC-ND, h2ps://flic.kr/p/9jykF1

11. What is COPYRIGHT?
Exclusive rights
to make certain uses
of original expression
for limited period of time
Photo by Luis Alfonso Orellana on Unsplash
"Large copyright graffiti sign on cream colored wall" by Ho
Varlan is licensed under CC BY 2.0

12. Exclusive Rights
● Reproduction
● Derivative works
● Distribution
● Public performance
● Public display
Photo by Luis Alfonso Orellana on UnsplashScott Heins/Getty Images

13. Not invoking any exclusive rights by providing
links to lawfully-uploaded content:
● It’s not reproduction
● It’s not a derivative work
● It’s not distribution
● It’s not a performance
● It’s not public display
Three horizontal rusted chains
crossed by two poles
https://unsplash.com/photos/TcFq4-ulczU
Linking Exclusive Right
That’s why it’s always okay
to link to lawful content.

14. Limited Period
● Varies, but at least author’s
life + 70 years
● Within “protected” period,
you need author’s permission
to reproduce, display,
perform, etc.
Photo by Luis Alfonso Orellana on Unsplash
Photo by Jon Tyson on Unsplash

15. If copyright gives authors
exclusive rights for so long, how
can we ever use anything?

16. Limitations
Protects expression, not ideas or facts
https://thesocietypages.org/toolbox/police-killing-of-blacks/
Must be original, authored, fixed
Alex Wong/Getty Images

17. Other limitations: The Public Domain
FEDERAL GOVERNMENT WORKS EXPIRED COPYRIGHT
http://www.gutenberg.org/files/100/100-h/100-h.htm
https://commons.wikimedia.org/wiki/File:%22WARNING_FRO
M_THE_FBI%22_-_NARA_-_516039.jpg
https://hdl.handle.net/2027/uc1.$b271432

18. So if something *is* protected,
we have to get permission
to use it?

19. Not if an
exception like
fair use
applies
"Fair use cat mural, Electronic Frontier Foundation, California,
USA" by gruntzooki is licensed under CC BY-SA 2.0

20. “The fair use of a copyrighted
work…for purposes such as
criticism, comment, news
reporting, teaching…,
scholarship, or research, is
not an infringement of
copyright.”
17 U.S.C. § 107
Carlos Gonzalez | Star Tribune via AP file

21. FOUR-FACTOR BALANCING TEST
1. Purpose & character of use
Nonprofit educational more likely fair than
commercial; “transformativeness” dominates.
2. Nature of copyrighted work
More likely fair if you’re using factual or
scholarly work.
3. Amount and substantiality
Size & importance of portion used in
relation to whole.
4. Effect on potential market
Less likely fair if use supplants market for
purchasing/licensing original.
Carlos Gonzalez | Star Tribune via AP file

22. Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

23. 1. Is it
protected by
copyright?
France in 2000 year (XXI century). Flying road police.
https://commons.wikimedia.org/wiki/File:France_in_XXI_Century._Flying_police.jpg

25. 2. Is there
a license?
Black Lives Matter @
Foley Square, New
York City.
By Vladimir
CC BY-SA 2.0

26. 3. Does an
exception
apply?
Excerpt from Alex Vitale’s 2017 book,
The End of Policing.

27. Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

28. Locate
rightsholders &
keep track of
your requests
https://norman.hrc.utexas.edu/watch/
copyright.gov

29. Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

30. CONTRACTS

31. Databases

32. Website
Terms of Use
If you intend to quote extensive
amounts of text, use other original
content, or reproduce images from
this site, please contact us for
permission.
http://www.hrc.utexas.edu/use/

33. Archives
I understand that permission to
publish, or otherwise publicly use,
materials...must be [granted by
library]
I understand further that the
University makes no representation
that it is the owner of the copyright...
and that permission to publish must
also be obtained from the owner of
the copyright.

34. PRIVACY

35. Protect the people in the work
Federal (e.g. FERPA & HIPAA)
State (e.g. intrusion, private facts, false light,
appropriation of likeness)
Important Limitations:
- Death
- Unidentifiable
- Newsworthiness
- Permission

36. e.g.
Public Interest

37. ETHICS
Photo by Jens Lelie on Unsplash

38. Does the value to
researchers, the public, or
cultural communities
outweigh the potential
for harm or exploitation
of people, resources, or
knowledge?

39. Publishing Workflow: Copyright and Other Law & Policy Considerations
1: Do you need
permission?
Has a license already
been granted?
Is the work
protected by
copyright?
Would publishing the
content be fair use?
If yes to any, go to Step 3.
2: Seek permission
if needed
Research who holds
copyright & send request
Keep records for
your files
Ensure permission covers all
intended uses
3: Address non-© law
& policy concerns
Contractual or terms of service
restrictions from archives,
databases, or websites?
Concerns about rights
of privacy or publicity?
Should you
register your
copyright?
Do you want to & can you
license the use of your
work?
4: How do you want
to share?
Questions?
schol-comm@berkeley.edu
Ethical concerns or
norms re: certain
types of info?

40. If they liked it then
they should have put a
registration on it?
● Copyright automatic
● Registration not required
● But it has advantages...

41. A special note for university
employees

42. UC Fair Use Policy for employees
Photo by Cytonn Photography on Unsplash
https://copyright.universityofcalifornia.edu/resources/copy
right-fair-use.html
To fulfill its teaching, research, and public service mission, it
is the policy of the University of California to encourage the
broad dissemination and use of information in accordance
with copyright law. The University will defend its employees
who use copyrighted materials in an informed, reasonable,
and good faith manner, and within the scope of their
University employment.

43. Do you want to
license others to
use it beyond fair use?

44. Getting More Help
Best practices in fair use guides

45. Copyright & Fair Use for Digital Projects
THANK YOU!
Let’s talk more…
Web: lib.berkeley.edu/scholcomm
E-mail: schol-comm@berkeley.edu
Twitter: @UCB_scholcomm
YouTube: http://ucblib.link/OSCS-Youtube