Copyright & Fair UseCopyright & Fair Use

Stephanie ViolaNainsí Houston

Stephanie ViolaNainsí Houston

Word of CautionWord of Caution

We are not lawyers We are not lawyers

DefinitionDefinition

“copyright is a statutory privilege extended to creators of works that are fixed in a tangible medium of expression” (Bruwelheide, 1995, as cited by Butler, 2004, p. 4).

“copyright is a statutory privilege extended to creators of works that are fixed in a tangible medium of expression” (Bruwelheide, 1995, as cited by Butler, 2004, p. 4).

What is copyrighted?What is copyrighted?

Any original creation that can be “fixed” including: Literary Works Musical works Dramatic works Pantomimes & choreographed works Pictorial, graphic, & sculptural works, including maps Motion pictures & other audiovisual works Sound recordings Architectural works Translations and other derivative works

Any original creation that can be “fixed” including: Literary Works Musical works Dramatic works Pantomimes & choreographed works Pictorial, graphic, & sculptural works, including maps Motion pictures & other audiovisual works Sound recordings Architectural works Translations and other derivative works

How is it copyrighted?How is it copyrighted? Register it with the Copyright

Office (http://www.copyright.gov/register/)

Registration isn’t required, though, works are protected either way

Adding a © is an indicator to others, but it is not required

Register it with the Copyright Office (http://www.copyright.gov/register/)

Registration isn’t required, though, works are protected either way

Adding a © is an indicator to others, but it is not required

What isn’t copyrightedWhat isn’t copyrighted

What’s not “fixed” Titles, short phrases, names, common

symbols, designs, slight changes in fonts, lists of ingredients

Ideas, procedures, methods, discoveries Plain calendars, common facts, charts of

measure U.S. Government publications

What’s not “fixed” Titles, short phrases, names, common

symbols, designs, slight changes in fonts, lists of ingredients

Ideas, procedures, methods, discoveries Plain calendars, common facts, charts of

measure U.S. Government publications

Title 17 of US Copyright Code

Title 17 of US Copyright Code

http://www.copyright.gov/title17/ http://www.copyright.gov/title17/

Copyright Term Extension Act (CTEA) of 1998

Copyright Term Extension Act (CTEA) of 1998

Also called the Sonny Bono Act Extended copyright protection for

an additional 20 years Life of the author plus 70 years 120 years after creation or 95 years

after publication, whichever is earlier, for corporate authorship

Also called the Sonny Bono Act Extended copyright protection for

an additional 20 years Life of the author plus 70 years 120 years after creation or 95 years

after publication, whichever is earlier, for corporate authorship

Public DomainPublic Domain

If item is in public domain, copyright no longer applies Published prior to 1923 Works published between 1923 &

1978 which are missing a copyright notice and/or renewal

If item is in public domain, copyright no longer applies Published prior to 1923 Works published between 1923 &

1978 which are missing a copyright notice and/or renewal

Fair UseFair Use

“Fair use provisions of the copyright law grant particular types of users conditional rights to use or reproduce certain copyrighted materials as long as the reproduction or use of those materials meets defined guidelines” (Simpson, 2001, p. 13).

“Fair use provisions of the copyright law grant particular types of users conditional rights to use or reproduce certain copyrighted materials as long as the reproduction or use of those materials meets defined guidelines” (Simpson, 2001, p. 13).

Fair Use FactorsFair Use Factors

Purpose & character of use: non-profit educational Commercial

Purpose & character of use: non-profit educational Commercial

Fair Use FactorsFair Use Factors

Nature of the copyrighted work Fiction Published Non-fiction Unpublished

Nature of the copyrighted work Fiction Published Non-fiction Unpublished

Fair Use FactorsFair Use Factors

Amount Used and substantiality of the portion used Small portion General section Large portion Heart of the work

Amount Used and substantiality of the portion used Small portion General section Large portion Heart of the work

Fair Use FactorsFair Use Factors

Effect of use on the market Use does not replace sale of the work Use affects the profitability of the work

Effect of use on the market Use does not replace sale of the work Use affects the profitability of the work

Portion Limit Guidelines for Fair Use

Portion Limit Guidelines for Fair Use

Educational Multimedia: Video: 10% or 3 minutes Text: 10% or 1,000 words Poems less than 250 words: 3 Poems over 250 words:

Up to 250 words 3 excerpts by one poet 5 excerpts by different poets in same collection

Educational Multimedia: Video: 10% or 3 minutes Text: 10% or 1,000 words Poems less than 250 words: 3 Poems over 250 words:

Up to 250 words 3 excerpts by one poet 5 excerpts by different poets in same collection

Portion Limit Guidelines for Fair Use (cont.)

Portion Limit Guidelines for Fair Use (cont.)

Educational Multimedia: Music, lyrics, music video: up to 10% or 30

seconds Numerical data sets: 10% or 2,500 fields or

cells Illustrations/photographs:

5 by same artist/photographer 10% or 15 images from one published work

(from Butler (2004), p. 18)

Educational Multimedia: Music, lyrics, music video: up to 10% or 30

seconds Numerical data sets: 10% or 2,500 fields or

cells Illustrations/photographs:

5 by same artist/photographer 10% or 15 images from one published work

(from Butler (2004), p. 18)

CONFUCONFU

CONFU: The Conference on Fair Use 1997 CONFU Website GUIDELINES not law

CONFU: The Conference on Fair Use 1997 CONFU Website GUIDELINES not law

Section 110Section 110

Copyrighted works may be performed or displayed in a face-to-face instructional setting as long as the work was legally made

Public performance rights are required when showing films which are not accompanied by instruction

Copyrighted works may be performed or displayed in a face-to-face instructional setting as long as the work was legally made

Public performance rights are required when showing films which are not accompanied by instruction

CTEA/Section 108(h)CTEA/Section 108(h)

Libraries, archives, and non-profit educational institutions can reproduce, distribute, display or perform works in their last 20 years of copyright protection subject to the following conditions:

Libraries, archives, and non-profit educational institutions can reproduce, distribute, display or perform works in their last 20 years of copyright protection subject to the following conditions:

Section 108(h) conditionsSection 108(h) conditions

The work is used for preservation, scholarship, or research

The work is no longer being sold A copy cannot be obtained at a

reasonable price The copyright owner has not provided a

notice otherwise limiting the work’s use

The work is used for preservation, scholarship, or research

The work is no longer being sold A copy cannot be obtained at a

reasonable price The copyright owner has not provided a

notice otherwise limiting the work’s use

Digital Millennium Copyright Act of 1998

Digital Millennium Copyright Act of 1998

Signed into law in 2000 Long and confusing Examined every 3 years by the

Librarian of Congress to consider the implications of the act for librarians and educational purposes

Signed into law in 2000 Long and confusing Examined every 3 years by the

Librarian of Congress to consider the implications of the act for librarians and educational purposes

“Highlight” of DMCA“Highlight” of DMCA

The use of technology to circumvent technology in place to limit use or to prevent copying Court cases

The use of technology to circumvent technology in place to limit use or to prevent copying Court cases

TEACH Act of 2002TEACH Act of 2002

Technology, Education and Copyright Harmonization Act

Allows copyrighted materials to be disseminated to distance education students of accredited, non-profit institutions without requiring permission or payment

Technology, Education and Copyright Harmonization Act

Allows copyrighted materials to be disseminated to distance education students of accredited, non-profit institutions without requiring permission or payment

PermissionsPermissions

Copyright Clearinghouse Copyright Advisory Office Copyright Renewals Creative Commons

Copyright Clearinghouse Copyright Advisory Office Copyright Renewals Creative Commons

Need help?Need help?

Media Specialists, Academic Librarians, Copyright Lawyers

www.copyright.gov Copyright for Teachers and Librarians

(2004) by Rebecca Butler Copyright essentials for librarians and

educators (2006) by Kenneth D. Crews

Media Specialists, Academic Librarians, Copyright Lawyers

www.copyright.gov Copyright for Teachers and Librarians

(2004) by Rebecca Butler Copyright essentials for librarians and

educators (2006) by Kenneth D. Crews

ReferencesReferences

Butler, R. P. (2004). Copyright for teachers and librarians. New York: Neal-Schuman Publishers.

Crews, K. D. (2006). Copyright essentials for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association.

Simpson, C. (2001). Copyright for schools: A practical guide. Worthington, OH: Linworth Books.

Butler, R. P. (2004). Copyright for teachers and librarians. New York: Neal-Schuman Publishers.

Crews, K. D. (2006). Copyright essentials for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association.

Simpson, C. (2001). Copyright for schools: A practical guide. Worthington, OH: Linworth Books.