Date post: | 30-Oct-2014 |
Category: |
Documents |
Upload: | katiefortney |
View: | 336 times |
Download: | 1 times |
Questions Around Digital Fair UseUCSC COLASC, 2/26/13
Katie FortneyCopyright Management Officer, CDL
Fair Use: 4 Factors
• The PURPOSE of your use• The NATURE of the work you’re using• The AMOUNT or substantiality of the work
you’re using, as part of its whole• The effect on reasonable MARKETS for the work
It’s tricky if you don’t have practice and context, but it isn’t brain surgery.
Today
• Just a few trees in the fair use forest– Incorporated images and
the proposed Open Access Policy
– UCLA and streaming video
Images in Scholarly Articles
How do they get there?• Fair use• Permission• (…or maybe they’re not protected by
copyright, or were created by the author)
IMG_7398.JPG by danielhedrick, CC-BY-NChttp://www.flickr.com/photos/pdxsurreal/242001382/
Images Incorporated as Fair Use
Fair use in article as published
Fair use in eScholarship
Images Incorporated by Permission
Read the image
agreement
OA archiving does not
violate the agreement
Treat like any other article –
post it!
OA archiving would violate
the agreement
Get a waiver*
Deposit only for dark
archiving in Merritt
*What if the author wants to put the article in eScholarship?
Instead of getting a waiver, he or she could• Ask for a different agreement for the
incorporated image• Find a different image• Deposit a version of the article without the image– In any case, the policy’s license is only going to apply
to what the author has written, not the images.
UCLA vs. AIME
UCLA had public performance rights and some very specific license language.Generally-• Streaming an entire film
as fair use: ambiguous• Anti-circumvention
provisions: bypassing DVD encryption = bad
First snowflake this season!, by PictureWendy, CC-BY-NChttp://www.flickr.com/photos/picturewendy/5231649239/
Questions?
Question mark sign, by Colin K, CC-BYhttp://www.flickr.com/photos/colinkinner/2200500024/
In the background…
• Takedown policies• Sovereign Immunity• 504(c)(2)– “an employee or agent of a nonprofit educational
institution”– “believed and had reasonable grounds for
believing … was a fair use”