2. Fair Use
Fair Use Law- is the rights to use copyrighted
material without permission or payment under
some circumstances.
This occurs when cultural or social benefits of the
use are predominant.
In essence this legislation allows copyright
protection to orginal works in order to foster the
creation of Culture
3. Why Fair Use?
- To protect owners rights
- “Copying, quoting and generally re-using
existing cultural material can be, under some
circumstances, a critically important part of
generating new culture. (Code of best
practices in Fair Use, p.5)
- Keeps copyrights from violating the First
Amendment
- Inevitably new creation relies on
incorporating materials that already exist
4. Fair Use Guidelines
Lawyers and Judges determine Fair Use by
deciding whether the copyright material
generates social or cultural benefits that are
greater than the cost imposed on copyright
owners.
Four types of considerations
- Nature of the use
- The nature of the work used
- The extent of the use
- Economic effect
5. Fair Use Guidlines
Two Key Questions
Dose the use of the unlicensed work
“transform” the material taken?
Was the material taken appropriately in
kind and amount
If the answers are yes. Fair use generally
applies.
6. The TEACH Act
This act is very important as it allows for the use of copyrighted
material for accredited educational institutions that meet the
following TEACH Act requirements
- The Institution is accredited non-profit
- Use must be part of instructional activities
- Use must be limited to a specific number of students
enrolled in a class
- Use must be „live‟ or during asynchronous class sessions
- Use must not include the transmission of textbook material
- Institutions must have developed copyright policies
- Must implement technological measures to ensure
compliance with copyright policies
7. TEACH Act
Purpose- The goal of this legislation is to balance
the needs of the educators with the rights of
copyright holders.
It allows teachers to:
- use a wider range of works in their classroom
- Involve students may in distance learning
from anywhere
- Participants are given wider parameters with
which to store, copy and digitize material
8. TEACH Act
DOES NOT override fair use or other digital
license agreements
Nor does it extend to:
- Electronic Reserves
- Commercial document delivery
- Textbooks or material under license from
author
- Conversion of material from analog to digital
