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Copyright and fair use
1. Copyright/Fair Use
Guidelines for Educators
"Certain materials are included under the fair use exemption
of the U.S. Copyright Law and have been prepared according
to the multimedia fair use guidelines and are restricted from
further use."
2. 6.3 Notice of Use Restrictions
Educators and students are advised that they must
include on the opening screen of their multimedia
program and any accompanying print material a
notice that says:
"Certain materials are included under the fair use
exemption of the U.S. Copyright Law and have
been prepared according to the multimedia fair use
guidelines and are restricted from further use."
3. What is Copyright?
The legal right granted to an author, composer,
playwright, publisher, or distributor to exclusive
publication, production, sale, or distribution of a
literary, musical, dramatic, or artistic work.
The purpose of these guidelines is to provide guidance
on the application of fair use principles by educators,
scholars and students who develop multimedia projects
using portions of copyrighted works under fair use
rather than by seeking authorization for non-
commercial educational uses.
4. Disclaimer:
These guidelines are not legally binding.
They represent an agreed upon
interpretation of the fair use provisions of
the Copyright Act. Only the courts can
decide whether a particular use of a
copyrighted work falls within the fair use
exception. The Copyright Office and the
U.S. Patent and Trademark Office endorse
these guidelines.
8. Clearing Up
Copyright Misconceptions
Registration is NOT required.
Copyright Symbol is NOT required.
Permission for use is REQUIRED from the copyright holder
regardless of:
Size/Amount of material used.
Credit given to creator.
Intent of user is positive or beneficial.
Free or non-profit use.
Availability on the WWW.
9. What is Copyright?
Copyright laws grant exclusive rights to the
owners of an original work
Such as:
Literary, musical, artistic
10. Copyright...
Work Must Be:
Original expression
Fixed in a tangible form
Begins:
At the moment original work is fixed
Example: Graphic created in PhotoShop is
protected as soon as saved to disk.
11. Non-Protected Works
Cannot be Copyrighted
Ideas
Facts
Titles
Names
Short Phrases
12. “FAIR USE”
LETS YOU USE OTHERS’ WORKS…
Sometimes, it’s free. SOMETIMES YOU MUST PAY
A FEE.
Sometimes you need to
ask for permission…ahead of time.
NO HIGHER AUTHORITY CAN DIRECT YOU
TO BREAK THE LAW.
13. Recent Legislation
1997 - jail time was added for willful
infringement
Digital Millennium Copyright Act passed into
law, October 1998 - DMCA
Sonny Bono Term Extension - 20 years
Technology, Education and Copyright Harmonization
Act, 2002 - TEACH
14. Digital Millennium Copyright Act
Passed 1998
Publishing to the Web is the SAME as
publishing a book.
All of the print regulations apply!
All “things” online are protected by copyright!
15. The Copyright Term Extension Act or the Sonny Bono
Copyright Term Extension Act
The Copyright Term Extension Act (CTEA) of 1998
extended copyright terms in the United States by 20
years. The Copyright would last for the life of the
author plus 50 years, or 75 years for a work of
corporate authorship. The Act extended these terms
to life of the author plus 70 years and for works of
corporate authorship to 120 years after creation or 95
years after publication, whichever endpoint is earlier.
Copyright protection for works published prior to
January 1, 1978 was increased by 20 years to a total
of 95 years from their publication date.
16. The Copyright Term Extension Act or the Sonny Bono
Copyright Term Extension Act, Continued..
This law, also known as the, as the Mickey Mouse Protection
Act, effectively "froze" the advancement date of the public
domain in the United States for works covered by the older
fixed term copyright rules. Under this Act, additional works
made in 1923 or afterwards that were still copyrighted in 1998
will not enter the public domain until 2019 or afterward
(depending on the date of the product) unless the owner of the
copyright releases them into the public domain prior to that
or if the copyright gets extended again
18. What is Fair Use?
Four Factors from §107 of the 1976 Copyright Act:
Purpose – education vs. commercial
Nature – fact vs. fiction
Amount – and substantiality
Effect – on market or value
19. Student Use:
Students may perform and display their own
educational multimedia projects created under
Section 2 of these guidelines for educational uses
in the course for which they were created and may
use them in their own portfolios as examples of
their academic work for later personal uses such as
job and graduate school interviews
20. Fair Use v. “fair use”
Fair Use is merely a defense against accusations
of infringement
The public believes “fair use” is something
positive -- a set of behaviors that are generally
permitted
21. Fair Use Qualifications:
Limitations on the specific rights of copyright owners
Criticism
(film clip during a review)
Comment
(satire: 2 Live Crew/Roy Orbison)
News Reporting
Scholarship
Research
Teaching
22.
23. Print Media
For educational use, a teacher may make a single copy of a
chapter, article, short story, etc.
Multiple Copies may be made for a class (1 per student) *if it
meets the spontaneity test.
The inspiration to use the materials MUST have occurred
close to the use…prevented purchase or permission.
Copying must *not substitute for a purchase.
Does not allow for reproduction of consumables:
Workbooks, study guides, etc.
24. Videos
You may use a videotaped version of a broadcast for 10 school
days.
Retain a videotaped copy of a program for 45 days (evaluation
purposes)---after which it must be erased.
Some channels grant unique rights to educators---check with
them directly. (Discovery, History, PBS, etc)
May make an archival copy of videos that you have purchased.
Media Specialists may not record a program without
instruction---a teacher *must request it.
25. There are 'Fair Use' Limitations, the first of which is:
4.2 Portion Limitations
Portion limitations mean the amount of a
copyrighted work that can reasonably be used in
educational multimedia projects under these
guidelines regardless of the original medium from
which the copyrighted works are taken.
26. 4.2.1 Motion Media
Up to 10% or 3 minutes, whichever is less, in the
aggregate of a copyrighted motion.... media work
may be reproduced or otherwise incorporated
4.2.2 Text Material
Up to 10% or 1000 words, whichever is less, in the
aggregate of a copyrighted work...... consisting of text
material may be reproduced or otherwise
incorporated
27. 4.2.3 Music, Lyrics, and Music Video
Up to 10%, but in no event more than 30 seconds, of the
music and lyrics from an individual musical work (or in
the aggregate of extracts from an individual work),....
4.2.4 Illustrations and Photographs
The reproduction or incorporation of photographs and
illustrations is more difficult to define with regard to fair use
because fair use usually precludes the use of an entire work.
Under these guidelines a photograph or illustration may be
used in its entirety but no more than 5 images by an artist or
photographer may be reproduced or otherwise incorporated....
28. 4.2.5 Numerical Data Sets
Up to 10% or 2500 fields or cell entries, whichever is less,
from a copyrighted database or data table may be
reproduced or otherwise incorporated...
4.1 Time Limitations
Educators may use their educational multimedia projects
created for educational purposes... ...for teaching courses, for
a period of up to two years after the first instructional use
with a class.
Use beyond that time period, even for educational
purposes, requires permission... Students may use their
educational multimedia projects as noted in Section 3.1.
29. Your Responsibilities
As students and citizens in these labs, or on your own PC, it is
your responsibility to:
Observe the above restrictions.
Learn proper methods of attribution, acknowledgment and
citation for each reference in each paper or project.
Resist the temptation to ignore any of the limitations “just this
once”.
Remember: These are not your personal rules. You are only
doing as instructed in order to protect the university or school at
which you work.
30. Fair Use or Plagiarism?
Why isn’t plagiarism a fair use?
Because a complete citation must accompany
any fair use of another’s work.
31. Plagiarism?
When you quote directly from a publication
Use quotation marks
Use proper citation format
(Author, 8) OR (author, 1999, 8)
OR full footnote or endnote
32. Plagiarism…
…is not always willful.
Sometimes the inexperienced writer forgets to
attribute his paraphrasing efforts.
34. Plagiarism…is fraud.
It is using someone else’s words or art without
attribution and passing it off as your own.
Copyright infringement is using & citing
someone’s work without permission nor
compensation to the rights holder.
If there is a citation, it is not plagiarism.
35. Cyber-plagiarism
There are growing numbers of web sites where
student papers are available for free, or for a
price.
Your instructors know how to use these sites.
Your instructors know how to search the
internet for a “word string” which will point
them to these sites…
36. Cyber-plagiarism
Even when these students have donated their
papers to these sites, your use of any part of
these papers is still plagiarism.
SPEAKING OF UNETHICAL CONDUCT…
Schools enforce Plagiarism.
The courts enforce copyright infringement!
37. KNOWLEDGE OF INFRINGEMENT
IS IRRELEVANT TO YOUR LIABILITY
Liability Issues: What you need to know...
3 TYPES OF INFRINGEMENT
Direct infringement - knowledge of infringement
Contributory infringement
you must either have knowledge, i.e. faculty directed
or you must materially contribute, i.e. university
equipment used
Innocent infringement - very rare on a university campus
Staff (button pusher) responsibility
42. FILE SHARING
RIAA – (Recording Industry Association of
America) successfully sued for sharing music
using campus servers.
The Universities were NOT sued.
43. FILE SHARING
File sharing = distribution
Unlawful, unauthorized distribution,
reproduction of copyrighted works
44. FILE SHARING
…is a violation of §106 of Title 17, U.S. Code
Exclusive right of author/creator to reproduce
and distribute
45. FILE SHARING - THEORY
PEER 2 PEER, P2P, Theory:
Sampling
Previewing
Not meant to substitute for purchase of music
or movies or software
Meant to facilitate long distance collaboration
between researchers and creators.
46. The Power of Parody
Parody is the only aspect of Fair Use that is
stronger and broader now than it was 20 years
ago.
Therefore, borrowing to subtract is afforded
much more protection than borrowing to build
47. Fair Use and Parody:
What’s a parody?
Does it matter if the parody is in bad taste, or
not funny?
48. Annie Leibovitz
Naked Gun Case
Why did Leibovitz sue over the “Naked Gun” ads.
Did fair use apply? Why or why not?
49. Annie Leibovitz
Naked Gun Case
Paramount Pictures superimposed comic actor Leslie
Neilsen's face over a portrait of a pregnant Demi Moore
to promote the film, "Naked Gun 33 1/3." Photographer
Annie Leibovitz sued Paramount over its use of the
copyrighted photo, which she originally shot for the
cover of Vanity Fair magazine. In this Dec. 19, 1996
order, a federal judge threw out the lawsuit, ruling that
Parmount's ad was a parody and a fair use of the
copyrighted work.
Hinweis der Redaktion
Only the owner can copy distribute perform display or make a derivative work. And not very much for not very long.
in a nutshell... it for educational purpose does not equal fair use. 10% is not always fair. out of print doesn ’ t mean out of copyright. www is not public domain.
Campbell vs. Acuff-Rose, Everyready vs. Adolph Coors, Liebovitz vs. naked gun In general, "parody" is a work that takes some of the original work and comments on the original work, usually in a satirical manner. The creator of the original work may not like it, but it is fair use, even if done for profit.
