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A Resource Guide to Copyright and Fair Use in the Classroom

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Melisa Dennis

on 14 April 2011

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Transcript of A Resource Guide to Copyright and Fair Use in the Classroom

A Resource Guide to
Copyright & Fair Use
in the Classroom Not a copyright expert
Melissa Dennis
Outreach &
Instruction Librarian
Assistant Professor
mdennis@olemiss.edu experts exist so we don't have to know everything! http://www.academicimpressions.com/PDF/0511-copyrights.pdf We just have to know...
Where to start? http://www.olemiss.edu/depts/general_library/ http://www.knowyourcopyrights.org/bm~doc/kycrbrochure.pdf Know your rights Pamela Williamson
Curator of Visual Collections and Assistant Professor

1. Usage fees apply when publishing from Archives and Special Collections materials
2. Do not wait until the last minute to request an item. It takes time to get the correct paperwork signed and fees paid
Judy Greenwood
Interlibrary Loan & Document Delivery Librarian
Assistant Professor
University of Mississippi Libraries
phone: 662-915-7936
Keep It Simple —
Link When Possible Fair Use —
Weigh Your Rights 1. Purpose and character: If your use is for teaching
at a nonprofit educational institution, this is a factor
favoring fair use.The scale tips further in favor of
fair use if access is restricted to your students.
2. Nature of copyrighted work: Is the work factbased,
published, or out-of-print? These factors
weigh in favor of fair use.
3. Amount used: Using a small portion of a whole
work would weigh toward fairness. But sometimes
it may be fair to use an entire work (such as an
image) if it is needed for your instructional purpose.
4. Market effect: A use is more likely to be fair if it
does not harm the potential market for or value of
the copyrighted work.But if it does, this could weigh
more heavily against fair use than the other factors. Distance education
Although a specific copyright exemption known
as the TEACH Act* may apply, its rigorous
requirements have prompted most instructors to
rely primarily on fair use to display or perform
works in distance education (e.g., online or over
cable TV).
To evaluate the fair use option,weigh the four
factors described at left. If you judge the use to be fair,
you may use the work in your class.
In all cases, the copy of the work that is displayed
or performed must have been lawfully made. That
means, for example, you can display a video borrowed
from your library’s collection. http://www.copyright.com/Services/copyrightoncampus/basics/teach.html Bambi McLeskey
Senior Library Assistant
balange@olemiss.edu http://www.librarycopyright.net/digitalslider/ “Course materials available through this system may protected by copyright law. This material is only for the use of students enrolled in the specific course(s), and must be used in accordance with the United States Copyright Act, Title 17 of the U.S. Code. Protected materials on this site may not be retained on the user’s computer or other electronic storage device for longer than the duration of the specific class for which they are assigned, nor further disseminated by the user to any other persons.” – Notice for Blackboard and iTunesU pages, Scholarly Communications Toolkit, Duke University. Examples of Fair Use from copyright.com
Quotation of excerpts in a review or criticism for purposes of illustration or comment.
Quotation of short passages in a scholarly or technical work for illustration or clarification of the author's observations.
Reproduction of material for classroom use where the reproduction was unexpected and spontaneous–for example, where an article in the morning's paper is directly relevant to that day's class topic.
Use in a parody of short portions of the work itself.
A summary of an address or article, which may include quotations of short passages of the copyrighted work. William Thomas Wilkins
Mississippi Law Research Institute
283-G Kinard Hall
915-7775 examples from Kevin Smith's blog... Q – I have two journal articles that I want every student in my class to read. May I make enough copies for everyone and hand them out? What about putting them in the Library’s e-Reserves system? The Library subscribes to both of the journals from which the articles are taken.
http://blogs.library.duke.edu/scholcomm/2006/12/26/copying-readings-for-students/ Q – Since I am allowed to show a video in class to my students, can I also put a digital version of that same film into my course Blackboard site where enrolled students can watch at their convenience?
http://www.copyright.com/Services/copyrightoncampus/content/ill_contu.html http://blogs.library.duke.edu/scholcomm/files/2007/12/copyright-review-flow-chart-v3x.pdf YouTube Video Clip: A Fair(y) Use Tale
by Eric Faden http://www.olemiss.edu/depts/general_library/files/distance/distance.html The Mississippi Law Research Institute, a department of the UM School of Law, provides intellectual property support to Mississippi's public universities. Will Wilkins and Meaghin Burke at the Institute are available to administrators, faculty and students with questions concerning copyright, trademark and patent protection. The Institute has assisted in clarifying issues for this community ranging from fair use of someone's materials in class or publications to information on how to register trademarks and copyrights with the federal government. http://www.olemiss.edu/gradschool/2010%20forms/thesis_diss/CopyrightGuide.pdf
http://www.loc.gov/rr/print/195_copr.html#search http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-online-video
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