At this week's session, we us discussion to practice the reasoning process that is needed to make a fair use determination. We are joined by Carla Myers of Miami University Ohio helps us learn more about this important statement from academic librarians on why copyright and fair use need to be extended beyond the usual parameters as a result of the coronavirus pandemic. If ye extended beyond the usual parameters as a result of the coronavirus pandemic.

1. A Webinar Series with
Renee Hobbs
In partnership with the Northeast
Ohio Regional Library System and
the Media Education Lab
THE ROAD
TO COPYRIGHT
CLARITY
We will be starting the webinar today at 2 pm EST

3. www.mediaeducationlab.com

5. COPYRIGHT
EDUCATION
FOR
COMMUNITIES
OF PRACTICE

6. Questions Guide Our Learning
1. How do people use copyrighted works for
learning?
2. What myths and misinformation can interfere
with understanding copyright law?
3. What is the purpose of copyright?
4. How does copyright protect both owners and
users?

7. Copyright Offers
Strong Protection to
BOTH
Owners & Users

8. The purpose of copyright law is to promote creativity, innovation and the spread of knowledge

10. Questions Guide Our Learning
1. How do people use copyrighted works for
learning?
2. What myths and misinformation can interfere
with understanding copyright law?
3. What is the purpose of copyright?
4. How does copyright protect both owners and
users?
5. What is the doctrine of fair use?
6. What questions help people engage in the fair
use reasoning process?
7. How does context and situation apply to fair
use reasoning?

11. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords or by any other
means specified by that section, for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the
factors to be considered shall include:
(1)the purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
(2)the nature of the copyrighted work;
(3)the amount and substantiality of the portion used in relation to the copyrighted work
as a whole; and
(4)the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding
is made upon consideration of all the above factors.
SECTION 107 DOCTRINE OF FAIR USE

12. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords or by any other
means specified by that section, for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the
factors to be considered shall include:
(1)the purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
(2)the nature of the copyrighted work;
(3)the amount and substantiality of the portion used in relation to the copyrighted work
as a whole; and
(4)the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding
is made upon consideration of all the above factors.

13. Four Factors of Fair Use
107

14. Bill Graham Archives vs. Dorling Kindersley, Ltd.
(2006)

15. An Example of Transformative Use
The purpose of the original:
To generate publicity for a
concert.
The purpose of the new
work: To document and
illustrate the concert
events in historical
context.

17. 1. Did your use of the
work re-purpose or
transform the
copyrighted material?
2. Does your use merely
re-transmit the original
work? Could your work
serve as a substitute or
replacement for the
original?
3. Did you use only the
amount needed to
accomplish your
purpose?
Critical Questions for
Making a Fair Use
Determination

18. “Fair use cannot be
reduced to a checklist.
Fair use requires that
people think.”
Carrie Russell
American Library Association

19. FAIR USE REASONING
Case-by-Case
Situation-by-Situation

20. Using Copyrighted Materials in Creative Work
.
CASE 1. Someone teaching an online
graduate class demonstrates effective
storytime read-aloud practices by creating
an educational video that features a
teacher reading aloud from a picture book.
CASE 2. Someone creates a video of a
children’s picture book by combining
images from the picture book with audio
narration of the text.
CASE 3. Someone uses a variety of
different copyrighted images to create a@khokanson

21. Using Copyrighted Materials in Creative Work
.
CASE 1. Someone teaching
an online graduate class
demonstrates effective
storytime read-aloud
practices by creating an
educational video that
features a teacher reading
aloud from a picture book.
@khokanson

22. .
CASE 2. Someone creates a
video of a children’s picture
book by combining images
from the picture book with
audio narration of the text.
@khokanson
Using Copyrighted Materials in Creative Work

23. https://forms.gle/4f6nErNkrf3trewS7

24. Using Copyrighted Materials in Creative Work
.
CASE 3. Someone uses a
variety of different copyrighted
images to create a book trailer
for a children’s picture book.
@khokanson
Using Copyrighted Materials in Creative WorkUsing Copyrighted Materials in Creative Work

25. FAIR USE REASONING
Case-by-Case
Situation-by-Situation

26. Copying to avoid making a purchase
Copying to merely exploit the popularity of
another’s work
Copies that become substitutes or
replacements for the original

27. Using Copyrighted Material:
Four Choices for the Creative Individual
Ask Permission
PAY A LICENSE FEE
CLAIM AN EXEMPTION
Use it Without
Permission or Payment
DON’T USE IT
Use PUBLIC DOMAIN,
ROYALTY-FREE or
CREATIVE COMMONS
LICENSED CONTENT
1 3
2 4

28. THE GOOD-FAITH DEFENSE
The court shall remit statutory damages in
any case where an infringer believed and had
reasonable grounds for believing that his or
her use of the copyrighted work was a fair
use under section 107, if the infringer was: (i)
an employee or agent of a nonprofit
educational institution, library, or archives
acting within the scope of his or her
employment who, or such institution, library,
or archives itself, which infringed by
reproducing the work
SECTION 504 (C) (2)
No financial
penalties can be
awarded

29. 1. Did the unlicensed use “transform” the material taken
from the copyrighted work by using it for a different
purpose than that of the original, or did it just repeat the
work for the same intent and value as the original?
2. Was the material taken appropriate in kind and amount,
considering the nature of the copyrighted work and of the
use?

30. https://tinyurl.com/tvnty3a

32. A Webinar Series with
Renee Hobbs
In partnership with the Northeast
Ohio Regional Library System and
the Media Education Lab
THE ROAD
TO COPYRIGHT
CLARITY
JOIN US FOR PART 3: TUESDAY, APRIL 21, 2020