http://www.otis.edu/life_otis/library/copyright.html
Copyright and Fair Use
Cheryl Wilson Gross
March 8, 2014
What is Copyright?
Copyright = Protection (USCO, 2014)
– Promotes and encourages knowledge
– Protects rights of authors and inventors
– Allows temporary ownership of their work
– Protects both published and unpublished works
– Gives owners exclusive rights of
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• Reproduction of copies
• Preparation of derivatives (books into movies, plays, or
TV programs)
• Distribution of copies for sale
• Exhibition or presentation
• Performance
Copyright: Qualifications (CCC, 2014)
Protected
• Original works
• Exist in some physical
form
• Creative expression
• Includes literary,
dramatic, artistic, musical,
intellectual, architectural
works
Not Protected
• Ideas, procedures, and
methods
• Facts and data – historical,
scientific, biological, or
news
• Logos and taglines
• Public domain – expired
and uncopyrighted works
• Titles, names, slogans, or
phrases
• Created by U.S.
Government
Copyright: Duration
Lasts the shorter of (USCO, 2014):
– Life of the author / inventor plus 70 years
– 95 years from publication date
• Works created as an employee or contractor
• Published under a pseudonym
• Published anonymously
– 120 years from creation date
• Unpublished works
Copyright: Infringement
• Penalties for copyright violations (USCO, 2014)
– Injunction to prevent or restrain usage temporarily
or permanently
– Impoundment of materials including copies,
recordings, negatives, and records
– Payment of actual and statutory damages, profits,
attorney fees, and court costs
– Payment for each work infringed from $200 $150,000
– Criminal prosecution with fines not to exceed
$2,500 and/or imprisonment of not more than 5
years
Fair Use: Definition (SUL, 1997)
• Based on belief that public is entitled to free use of
copyrighted material
• Key is usage of copyrighted material
• Judgment is subjective
• Give credit where credit is due - CITATION
http://www.erikjheels.com/2007-07-18-drawing-that-explains-copyright-law.html
Fair Use: Categories (SUL, 1997)
• Allows use of copyrighted materials for parody and
commentary / criticism
• Allows use for limited time and for transformative
purposes
• Reasonable for teaching,
research, and news
reporting
• Allowable for creativity
and expansion of
someone’s existing
knowledge without fear
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Fair Use: Guidelines
Fair Use guidelines include four factors (SUL, 1997):
• Nature of the original work
• Character and purpose of its
use
• How its use will effect future
marketability and value
• Amount of content in
proportion to the original
work is being used
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Fair Use Examples (SUL, 1997)
• Quoting a few lines of a song
• Summarizing or quoting from newspaper or
magazine articles
• Copying paragraphs from newspaper or
magazine articles for educational purposes by
students and/or teachers
• Copying a work for purpose of ridicule in a
comedic manner
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Multimedia in the Classroom
Exceptions for educational purposes (CCC, 2014)
– Section 107 refers to fair use and includes activities such as
parody creation, using quotes for example or commentary, and
unplanned replicas of materials.
– Section 108 discusses copying by archives and libraries and
includes activities such as restoring or replacing damaged, lost,
or outdated copies; supporter requests for complete works;
interlibrary loans; and archiving.
– Section 109 speaks of the first sale and allows for libraries to
loan copies of works and to sell pre-owned books.
– Section 110 refers to performance and display in the
classroom, which permits certain types of content use in the
classroom and in distance education.
Multimedia Fair Use Guidelines
(NCPS, 1997)
• Words by others
– No more than 1000 words or 10%
– Poems:
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• entire work or no more than 250 words if a longer poem
• 5 or less poems or excerpts from poems of multiple
authors or anthology
• No more than 3 poems or quotes from one author
• Music
– No more than 10% not to exceed 30 seconds of
musical composition or sound recording
– Any changes made cannot alter the basic
melody or its character
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files/2013/07/music_notes-1z5rh82.jpg
Multimedia Fair Use Guidelines
(UMKC, 2014)
• Film / TV / Documentary
– Usage: No more than 10% not to exceed 3 minutes
– Can view entire TV program or film
• Nonprofit education institution
• Face-to-face classroom setting
• Must be part of instructional activities
• Copy must be lawfully made
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– Netflix and video purchases or rentals are ok
– YouTube as long as using an embedded link
Using TV Programs in the Classroom
• Guidelines for taping (SUL, 1997)
– Only programs that are broadcasted to
homes and schools
– Taping should be preformed by school
– Shown only 1st 10 consecutive school
days after taping has been made
– Shown only in educational institution
– Only a limited number can be made
– Cannot be altered or joined with other
programs
– Destroyed no later than 45 days after
creation
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Obtaining Permission
Before using copyrighted materials, follow
these steps (SUL, 1997).
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8d6e5fb8d27136e95/r/i/riper5_1_1.gif
– Determination needs to be made if permission
is necessary.
– The owner of the material must be identified.
– Based on usage, identification of what rights
are needed.
– The owner must be contacted and
negotiations made to see if compensation is
mandatory.
– Make sure that permission is in writing.
Web Posting Considerations
• Commercialize or non-commercialize usage (UTL,
2007)
• Open access (UTL, 2007)
• Licensing via Creative Commons (CC, 2013)
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– Irrevocability
– Material or work to be licensed (everything but
software and hardware
– Adequacy of the license to protect
– Licenses cover editing, building upon, remixing,
copying, and distribution
Summary
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References
• Copyright Clearance Center (CCC). (2014). Copyright protection in
the United States. Retrieved from
http://www.copyright.com/content/cc3/en/toolbar/education/get
-thefacts/purpose_of_copyright/copyright_protection_in_the_united
_states.html.
• Creative Commons (CC). (2013). Before licensing. Retrieved from
http://wiki.creativecommons.org/Before_Licensing.
• Harper, G.K. (2007). Copyright crash course. Retrieved from
http://copyright.lib.utexas.edu/cprtmgt.html.
• North Carolina Public Schools (NCPS). (1997). Copyright in an
electronic environment. Retrieved from
http://www.ncpublicschools.org/copyright1.html.
References
• Stanford University Library (SUL). (2014). Stanford copyright and
fair use. Retrieved from http://fairuse.stanford.edu.
• UMKC Library Guides (UMKC). (2014). Media in the classroom.
Retrieved from
http://libguides.library.umkc.edu/content.php?pid=31006&sid=79
4429.
• U. S. Copyright Office (USCO). (2014). Copyright basics. Retrieved
from http://www.copyright.gov/.
• U. S. Copyright Office (USCO). (2014). Chapter 5: Copyright
infringement and remedies. Retrieved from
http://www.copyright.gov/title17/.