Goals

• To empower you to feel confident in your choices when navigating Copyright and Fair Use issues by:
  • understanding the purpose of Copyright
  • knowing the difference between educational and commercial use
  • knowing when situations fall under Fair Use

I am not a lawyer

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Purpose of Copyright

purpose of copyright

"To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Article 1, Section 8, Clause 8, U.S. Constitution

What's Protected?

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Protected

• Writing

• Choreography

• Music

• Visual Art

• Architectural Works

Unprotected

• Ideas & Theories

• Facts & Data

• Titles

• Short Phrases

• Patents

How are things Copyrighted?

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copyright 101

• Protection in automatic once a work is fixed
• Registration is not necessary
• Very little creative originality is needed

Who is the Copyright Holder?

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Copyright Holders

• The creator is usually the copyright holder.

• If two or more people create a work, they are joint copyright holders, with equal rights.

• With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.

• Retain bundle of rights: reproduction, distribution, derivatives, performance and display, licensing

Length of Copyrights

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Copyrights

• Life of the author + 70 years

• Joint works: 70 years after death of last author

• For works for hire or anonymous works, 95 years from publication or 120 years from creation, whichever expires first

Public Domain

• US: Works published before 1/1/1923
• Does not require permission
• See copyright.cornell.edu/resources/publicdomain.cfm

Benefits of Copyright

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Benefits

• Benefits the public by making creative works available

• Understands that creators stand on the shoulder of giants

• Creates economic markets for works

• It is flexible

• Loves non-profit libraries and schools

Fair Use

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Fair Use

• Section 107, codified with the Copyright Act of 1976

• Determined on a case by case basis

• Requires one to think and make a judgment

• You may never know for sure that a use of a copyrighted work is fair or not

Your Liability

• Unlikely that an educator would be taken to court, but still could happen

• Section 504(c)(2) limits statutory damages for alleged infringers who work at a non-profit, educational institutions

• 11th Amendment : State/state agencies can’t be sued for dollar damages by the federal government

Measuring
Fair Use

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1. Purpose & Character of Use

• Why do you want to use a copyright?

• Is the original work being transformed by adding new expression or meaning?

• Was value added to the original by creating new information, new aesthetics, new insights, and understandings?

1. Purpose & Character of Use

www.boston.com/bostonglobe/editorial_opinion/outofline/2009/02/fair_use_vs_faireys_use.html

www.pastemagazine.com/blogs/awesome_of_the_day/2011/05/celebrate-star-wars-day-with-these-sweet-propaganda-posters.html

2. Nature of Publication

• What is the material that you’re using?
• Is it Factual or Fictional?
• Published or Unpublished?

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Ex: Salinger v. Random House, 811 F.2d 90 (2d Cir. 1987)

3. Amount & Substantiality

• Amount: Less is more (except in parody)

• Usually 10% rule

• Substantiality: Heart of a work or peripheral?

Case in parodies: Campbell v. Acuff-Rose Music (1994)

4. Effect of Use on the Potential Market

• Does your use deprive the copyright owner income?

• Does it undermine a new or potential market for the copyrighted work?

Fair Use Guidelines

• Motion Media: Up to 10 percent or 3 minutes, whichever is less, of a single copyrighted motion media work.

• Text Material: Up to 10 percent or 1,000 words, whichever is less, of a single copyrighted work of text.

• Music, Lyrics and Music Video: Up to 10 percent, but no more than 30 seconds of music and lyrics.

Copyright Exceptions

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Copyright exceptions

• Section 108 : allows libraries and archivists to make copies for library users, interlibrary loan, replacement and preservation

• Section 109 : allows owners of locally acquired copies the right to distribute that copy (library lending, used book stores, garage sales, etc.)

Copyright exceptions

• Section 110 : allows teachers to display or perform works in the face-to-face classroom and in the digital or distance education classroom via digital networks

• Section 117 : owner of a software program can make a backup copy

• Section 121 : allows for the making of accessible copies for people with disabilities

Real-Life Scenarios

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Q.

If I find it on the web, it's free to use, right?

Q.

If I find it on the web, it's free to use, right?

A.

No. All of the copyright concepts apply to electronic and printed materials.

Remember that it is not necessary to post a copyright notice for the author to have rights, even on the web.

Q.

A teacher wants to give a class an entire copy of the Canterbury Tales to use for class. Will that infringe on copyright?

Q.

A teacher wants to give a class an entire copy of the Canterbury Tales to use for class. Will that that infringe on copyright?

A.

It depends on annotations, translations, introductions, and editions. The Canterbury Tales itself is in the Public Domain.

Q.

A teacher wants to use a YouTube copy of a TV show that was not uploaded by the studio. Is this ok?

Q.

A teacher wants to use a YouTube copy of a TV show that was not uploaded by the studio. Is this ok?

A.

No.

Options: 

• Obtain the video on another format.
• Search for another video that makes your point

teachertube.com

Q.

Can you make a photocopy and handout of a poem that is in the Public Domain but is in an anthology that is copyrighted?

Q.

Can you make a photocopy and handout of a poem that is in the Public Domain but is in an anthology that is copyrighted?

A.

Yes! The poem itself is in Public Domain, and you're only using a portion of the anthology.

Q.

Since we don't have enough textbook for every student, our principal says it's fine to scan the book. Is this legal?

Q.

Since we don't have enough textbook for every student, our principal says it's fine to scan the book. Is this legal?

A.

No. Maybe your school doesn't have enough money to purchase additional textbooks, but this would be copyright infringement. 

Q.

Can you download web images for presentation slides without worrying about breaking the law?

Q.

Can you download web images for presentation slides without worrying about breaking the law?

A.

Yes! Section 110(1) of Copyright law allows teachers and pupils to do this. The images should be used strictly for non-profit, educational purposes in the face-to-face classroom, including professional development.

Q.

Is it fine to show a portion of a video labeled for "Home Use Only" in the classroom?

Q.

Is it fine to show a portion of a video labeled for "Home Use Only" in the classroom?

A.

Yes! Section 110(1) Title 17 of Copyright states, "The following [is not an] infringement of copyright: performance or display of a work by instructors or pupils in the course of face-to-face teaching activities…"

Recommendations

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Recommendations

• Tell people what they can do, before telling them what they cannot do

• Ask why? Why do you want to use this work in this way?

• Help make fair uses out of infringing uses

• Make decisions through the librarian lens

Thank you!

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