Using Copyrighted Materials in Teaching March 2011

Presenters Renee Drabier, MBA, PhD Associate Provost for Academic Affairs and Development and Chief Information Officer Daniel Burgard, MSLIS Director, Gibson D. Lewis Health Science Library

Introduction - Today’s presentation - Copyright Myths - Fair Use and the Four Decision Criteria - Licensed Use of copyrighted material - Questions & Answers

Copyright Myths "If it doesn't have a copyright notice, it's not copyrighted." This was true in the past, but today in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. "If I don't charge for it, it's not a violation." False. Whether you charge can affect the damages awarded in court, but that's the main difference under the law. From “10 Big Myths about copyright explained” by Brad Templeton www.templetons.com/brad/copymyths.html

Copyright Myths "If it's posted on the WWW it's in the public domain." False. Nothing modern and creative is in the public domain unless the owner explicitly puts it in the public domain. Explicitly, means the author/owner writes, "I grant this to the public domain." Those exact words or words very much like them. From “10 Big Myths about copyright explained” by Brad Templeton www.templetons.com/brad/copymyths.html

Copyright Myths "I work in at an educational institution so I can do whatever I want and won’t get in trouble." False. Four employees at Georgia State University were sued in 2008 for copyright and license violations related to use of purchased material that was digitized for use in a course reserve system.

United States Copyright Law US Constitution, Article 1, Section 8 “To promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Balance between producers and users Current US copyright law was passed in 1976. Much of the law involves guidelines and comfort levels – concept of Fair Use

Fair Use - Overview Section 107 of copyright law describes fair use of copyrighted material Fair use = limited use of copyrighted material without acquiring permission from the rights holders This section will help you evaluate whether the work you want to include in a presentation or class is covered by “Fair Use” and needs no further permission.

How to determine Fair Use The four fair use factors: What is the purpose of the use? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?

Purpose of Use Favoring Fair Use Teaching Research Scholarship Nonprofit Educational Institution News reporting Transformative or Productive Use Restricted Access Opposing Fair Use Commercial Profiting from use Entertainment Bad-faith behavior No credit to author

Nature of Use Favoring Fair Use Published work Factual or nonfiction based Important to favored educational objectives Opposing Fair Use Unpublished work Highly creative work Fiction

Amount of Use Favoring Fair Use Small quantity Portion used is not central or significant to entire work Amount is appropriate for favored educational purpose Opposing Fair Use Large portion or whole work used Portion used is central to work or “heart of the work”

Effect on Market Favoring Fair Use User owns lawfully acquired or purchased copy of original work One or few copies made No significant effect on market No similar product marketed owner Lack of licensing mechanism Opposing Fair Use Could replace sale of copyrighted work Significantly impairs market Reasonably available licensing mechanism Affordable permission available Numerous copies made You made it accessible on Web or in other public forum Repeated or long term use

Who decides? You do! If you make an honest informed decision that “fair use” applies, then it does.

Fair Use Guidelines Allow Making a single copy for educational use for scholarly research, teaching or preparation for teaching An article from a journal A chapter from a book A chart, diagram or drawing from a book or journal

Fair Use Guidelines Making multiple copies for classroom use or discussion if it meets the tests of: Brevity—an article,essay of less than 2500 words, one chart, less than 10% of a book Spontaneity—too close to time of use to get permission Cumulative effect—copies for one course, no more than 3 per journal volume per term Each copy has a notice of copyright

Fair Use Guidelines Prohibit Using copies as a substitute for purchase Copying of consumables (workbooks, test booklets) Copying the same item by the same teacher term after term Charging the student beyond the actual cost of photocopying

Library Licensing The Library licenses materials to allow educational use without further permission. License agreements trump copyright Usually a good thing

Library Licensed Resources Definition: The license is a legal term for permission to use or access copyright-protected material. Definition: The license agreement is a written document which describes the terms and conditions under which a library/institution may use digital content owned by someone else. Who is authorized to use resource How they can use it – next slide Where they can use it from Penalties for misuse

Library Licensed Resources Educational uses negotiated for in license agreements with publishers. Display rights Electronic course packs Electronic course reserves Linking rights Scholarly sharing rights Remote access Archival rights Perpetual use rights after subscription cancellation

Usage Examples MDConsult images may be freely used in classroom presentations, but must ask permission for use of images in posters or publications. Wiley-Blackwell allows us to use their content in course packs but Wolters Kluwer (Ovid) does not.  Elsevier (Science Direct) allows us to put their content in our e-reserve system but Access Medicine does not. Oxford University Press allows authorized users to perform “scholarly sharing” (send single copies of articles to other researchers who are not on our network) but University of Chicago Press does not. The New England Journal of Medicine allows us to fulfill ILL requests via email but Cambridge University Press stipulates that we print and scan (in order to produce a degraded copy of the document) before sending through email.

Wrap-Up Questions Am I allowed to use this work in my class? Who owns this work I want to use? Do I need to request permission to use this work? Has the library already licensed this work for classroom use? How do I appropriately label cited works?

Your Questions?