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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.