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Copyright & Fair Use

tech summit 2014
by

ha hoang

on 28 March 2014

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Transcript of Copyright & Fair Use

Copyright & Fair Use:
TEACH Act
expands Fair Use to distance education and online components of F2F courses
Role of Academic Libraries
Compliance & Liability
Library Databases
Web Content
Instructional Requirements
Effect on the Market & Value
Amount & Substantiality
What's Fair Use?
Implications for Teaching
Google image: http://thetwistedvegan.com/
Whateves Title 17!
Eat my shorts "original works of authorship" !
ideas
procedures
processes
systems
methods of operation
concepts
principles
discoveries
works published before 1923
What's
not
protected?
literary works
musical works
dramatic works
pantomimes & choreographic works
pictorial, graphic & sculptural works
motion pictures & other audiovisuals
sound recordings
computer programs
architectural works
What's protected?
What's Copyright?
legal protection provided under US laws to the authors/creators of "original works of authorship"
(Title 17, US Code)
Google image: http://www.ipprospective.com/
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
Google image: http://www.ipbrief.net/
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)
Google image: http://shirt.woot.com/
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unpublished works less favored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
Google image: http://irblog.eu/
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
Google image:: http://abcnash.edu/
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
Google image: www.boscoanthony.com
Google image: http://www.freetowrite.com/
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
Technology 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"
Google image: gmpuk.ucoz.co.uk
Google image: en.wikipedia.org
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
Google image: doraemonyoung.blogspot.com
web content is still content and must follow copyright laws
the Internet is
not
Public Domain
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)
Google image: en.wikipedia.org
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
Google image: www.lib.utah.edu
Library Reserves
Library E-Reserves
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
Google image: www.libraries.psu.edu
limit access to course students
limit time of access
limit length
secure access to e-reserves content
some e-resources may require additional permission for e-reserves
Google image: www.molloy.edu
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
Google image: mwcc.edu
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"
Google image: commons.wikimedia.org
References
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/.


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