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Copyright & Fair Use
Transcript of Copyright & Fair Use
expands Fair Use to distance education and online components of F2F courses
Role of Academic Libraries
Compliance & Liability
Effect on the Market & Value
Amount & Substantiality
What's Fair Use?
Implications for Teaching
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Whateves Title 17!
Eat my shorts "original works of authorship" !
methods of operation
works published before 1923
pantomimes & choreographic works
pictorial, graphic & sculptural works
motion pictures & other audiovisuals
legal protection provided under US laws to the authors/creators of "original works of authorship"
(Title 17, US Code)
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legal statute that sets limitations & exceptions on copyright protection (Section 107 of US Copyright Act)
portions of a copyrighted work may be used without the author's permission for specific use
for purposes such as criticism, comment, news reporting, teaching, scholarship or research
Purpose & Character
Nature of Work
four fair use factors: purpose/character of use, nature of work, amount of work used, effect of use on potential market and value of work
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favors nonprofit educational purposes
commercial uses are less favored
favors "transformative" uses copyrighted material (e.g., parody of a song or book, analysis of an art work, incorporation of images into class presentations)
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favors some types of works more so than others
favors nonfiction over fiction
unpublished works less favored
favors out-of-print works
"consumables" (e.g., workbooks) less favored
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measured both quantitatively and qualitatively
"heart of the work"
favors shorter excerpts
long excerpts may be justified for educational objectives
cannot interfere with the market or potential market of the work
cannot substitute purchase of work
market values may be difficult to determine
favors altered use of work
favors users who own legal copy of the copyrighted work
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Weighing the Factors
no single factor is determinative
all four must be weighed and balanced
in some cases one factor may outweigh the other three
courts have not specifically nor definitively ruled on questions of classroom handouts, library reserves, online courses or digital libraries
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Technology, Education, and Copyright Harmonization Act
mirrors many of the same guidelines for traditional classrooms
places liability with both instructors and educational institutions
Institutional & Policy Requirements
applies only to a "government body or an accredited nonprofit educational institution"
schools must institute copyright policies
must provide informational materials to students, staff and faculty regarding institutional copyright policies
clear notices to students that "material used in connection with this course may be subject to copyright protection"
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limit access to enrolled students only
technical measures to prevent retention and dissemination of copyrighted materials
cannot override or interfere with restrictive codes or embedded protection systems
grants greater latitude to instructors
"reasonable and limited portions" of audiovisual materials
allows temporary posting of instructional and educational content online (e.g., via Blackboard)
permits digitization of some analog works not otherwise available in digital format
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web content is still content and must follow copyright laws
the Internet is
many web pages grant permission to educators
consider using Open Educational Resources (OERs)
posting hyperlinks does not require permission
stricter interpretation of copyright law regarding "transmission" of digital material (e.g., audiovisual works and dramatic musical works may only be shown as clips)
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academic libraries are considered extensions of the classroom and must comply with Fair Use principles
Section 108 allows libraries to make and distribute protected materials for specified purposes
copies for preservation of library collections
copies for private study by patrons
copies to send via interlibrary loans
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faculty may place copies, books and audiovisual items on Reserve
reserve items cannot stay on reserve indefinitely -- should not be retained longer than one semester
copyright permission may be required for long-term reserves
reserve items are generally for in-library use only or for limited lending periods
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limit access to course students
limit time of access
secure access to e-reserves content
some e-resources may require additional permission for e-reserves
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copyright permission from library articles databases generally assumed
copyright permission from library films databases generally assumed
copies of e-books cannot be printed and disseminated
hyperlinks do not require copyright permission
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clear institutional policy
faculty training and compliance agreements
copyright notices on photocopiers, scanners, computers and other campus equipments
copyright training for library staff and educational technologists
acting in "reasonable and good faith"
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Crews, K. D. (2012).
Copyright law for librarians and educators: Creative stategies & practical solutions
(3rd ed.). Chicago, IL: ALA.
Copyright law of the United States, Circular 92 [PDF document]. (2011, December). Washington, DC: US Copyright Office/Library of Congress. Retrieved March 25, 2014, from http://www.copyright.gov/
Fair Use and Electronic Reserves. (n.d.).
American Library Association
. Retrieved March 27, 2014, from http://www.ala.org.
Lipinski, T. A. (2005).
Copyright law and the distance education classroom
. Lanham, MD: Scarecrow Press.
Simpson, C. (2011).
Copyright catechism II: Practical answers to everyday school dilemmas
. Santa Barbara, CA: Linworth.
The TEACH Act: New roles, rules and responsibilities for academic institutions [PDF document]. (2005). Danvers, MA: Copyright Clearance Center. Retrieved March 25, 2014, from http://www.copyright.com/.