Office of the Chief Information Officer
Notes on Copyright and Fair Use
Bob Kalal
Director, Information Technology Policy and Services
Office of the Chief information Officer
The Ohio State University
kalal.1@osu.edu
Copyright 2003, The Ohio State University
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Office of the Chief Information Officer
Copyright “Fair Use” in General
Generally, the specific use of a work is probably "fair" if:
• It involves only a relatively small portion of the work.
• It is for educational or other noncommercial purposes.
• It is unlikely to interfere with the copyright owner's
ability to market the original work.
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Office of the Chief Information Officer
Copyright “Fair Use” Example
“A classic example is quoting a few
sentences or paragraphs of a book in a
class paper. Other uses may also be fair,
but it is almost never fair to use an entire
work, and it is not enough that you aren't
charging anyone for your particular use. It
also is not enough simply to cite your
source (though it may be plagiarism if you
don't).”
Excerpt from Virtual Legality by Steve McDonald, former Associate General
Counsel, The Ohio state University
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Office of the Chief Information Officer
Copyright “Fair Use”, The Law
USC TITLE 1, CHAPTER 1 , SECTION 107: Limitations on exclusive rights:
Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement
of copyright. In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
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Office of the Chief Information Officer
Use for Face to Face Instruction May be Allowed Under
SECTION 110 Even if the Use Fails the Test of the Four
Fair Use Guidelines in SECTION 107
Additional guidelines include:
•Brevity
–Generally use only a very small excerpt, differs by type of material.
•Spontaneity
–The need to copy and use should occur close to the actual class.
•Cumulative Effect
–The effect of all copying must not hurt the market for the copyrighted
work.
–Copies may be used only for one course in the school where copies are
made
–Not more than one short poem, article, story, essay or two parts from
longer works may be copied from the same author
–Not more than three items from the same anthology or collection or
periodical volume may be used during the one class term.
•Copyright Notice and attribution must be included on all copies
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Office of the Chief Information Officer
Use for Distance Education Instruction May be Allowed
Under the New Technology, Education, and Copyright
Harmonization (TEACH) Act
•Generally extends many of the allowed uses in face to face
instruction to digitally-based distance education modes
•Receiving locations limits broadened - not just single distant
classroom setting
•Requires technical measures to protect the material
•Fair Use may be a better choice in some cases
•Aplies only to non-profit educational institutions
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Office of the Chief Information Officer
When is your use fair?
Unfortunately, the four guidelines are not exactly crisp and clear:
• The purpose and character of the use, whether such use is of a
commercial nature or is for nonprofit educational purposes
• The nature of the copyrighted work
– Published or unpublished?
– Text and fact or artistic expression?
• The amount and substantiality of the portion used in relation to the
copyrighted work as a whole
– A chapter? A verse? Or both?
• The effect of the use upon the potential market for or value of the
copyrighted work
– If you use it will the author or publisher lose a chance to sell it?
When can you be certain that your use of copyrighted materials
constitutes “fair use”?
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Office of the Chief Information Officer
When the judge tells you it is!
Someone owns just about everything
Fair use lets you use their things
- But not as much as you'd like to
Sometimes you have to ask for permission
Sometimes you are the owner - think about that!
From the University of Texas Crash Course in Copyright
© 2001 Georgia K. Harper
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Office of the Chief Information Officer
Did I make fair use of the copyrighted material
on the previous slide?
•
•
•
•
I used the material for non-profit educational purposes.
The work was published, but the excerpt was artistic in nature.
I used a very brief excerpt from a much longer work.
I did not likely affect a potential market as the full work is
provided freely at no charge on the University of Texas Web site.
I think my use was fair use.
But I haven’t heard from the judge yet…
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Office of the Chief Information Officer
Copyright “Fair Use” Web Resources, pt 1
• cio.osu.edu/policies/legality.html
–OSU Attorney’s Primer
• www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm
–Crash Course in Copyright from the University of Texas
• www.cetus.org/fairindex.html
–Especially Sections 5 and 6
• www.copyright.iupui.edu/fairuse.htm
–Includes Fair Use Checklist, Example Scenarios
• umuc.edu/library/copy.html
–Guide to Copyright and Fair Use in the Classroom, on the
Internet, and the Web from the University of Maryland
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Office of the Chief Information Officer
Copyright “Fair Use” Web Resources, Pt 2
• www.libraries.psu.edu/mtss/fairuse/guidelines.html
–Guidelines for Multimedia from Penn State
• www.usg.edu/admin/legal/copyright/#part2
–Exhaustive Set of Specific Examples From the University of
Georgia System
• home.earthlink.net/~cnew/research.htm
–A Teacher’s Guide to Fair Use and Copyright
• www.albany.edu/~ls973/copy.html
–Comprehensive Set of References and Links
• www.benedict.com/info/info.asp
–Award-Winning Copyright Web Site
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Office of the Chief Information Officer
New Web Resources on the
Technology, Education, and Copyright Harmonization (TEACH) Act
•
www.arl.org/info/frn/copy/TEACH.html
•
www.ala.org/washoff/teach.html
•
www.educause.edu/ir/library/pdf/ERM01610.pdf
•
www.nea.org/he/abouthe/teachact.html
•
www.unc.edu/~unclng/TEACH.htm
•
www.utsystem.edu/ogc/intellectualproperty/teachact.htm
•
www.lib.ncsu.edu/scc/legislative/teachkit/
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Office of the Chief Information Officer
Notes on Copyright and Fair Use
Please send new Web Resources - comments and
suggestions to:
Bob Kalal - kalal.1@osu.edu
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