Copyright Law and “Fair use” Guidelines

What is copyright? © “The exclusive right to produce or reproduce (copy), to perform in public, or to publish an original literary or artistic work.” Duhaime's Law Dictionary

What is copyrighted? Almost everything created privately and originally whether it has a notice or not.

How long does © last Anything created after January 1, 1978 Until 70 years after the author's death. For works made for hire (e.g., copyright held by companies) 95 years from publication or 120 years from creation, whichever is shorter.

What is not copyrighted? Works that have no tangible form of expression (have not been written or recorded) Ideas, procedures, methods, systems, processes, concepts, principles Works consisting entirely of information that is common property calendars, height and weight charts, telephone directory etc. Facts

What is “fair use”? “the fair use of a copyrighted work,… for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” ©

4 Tests for “fair use” Your use is non-profit and educational The work contains mainly facts and lacks originality You use only small portions You’re not copying instead of buying

Fair Use Guidelines Should not publicly publish the work other than to showcase it for in-house purposes Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work Text Material Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.

Fair Use Guidelines Music, Lyrics, and Music Video Up to 10% but no more than 30 seconds of music and lyrics from a single musical work Any alterations shall not change the melody

Fair Use Guidelines Illustrations and Photographs: A photograph or illustration may be used in its entirety. No more than 5 images by an artist or photographer. Not more than 10% or 15 images, whichever is less, from a single published collected work.

Fair Use Guidelines © 2001 SchoolNet SA Credit the sources Display the copyright notice © Display copyright ownership information e.g. © 2001 SchoolNet SA

Fair Use Guidelines Crediting the source: Give a full bibliography including author, title, publisher, and place and date of publication Separate page, except… Copyright notice and the name of the creator must be included with the image so that it appears on the screen when the image is viewed

Fair Use Remember: These are guidelines and not the law

Sources consulted “Fair Use Guidelines For Educational Multimedia” Prepared by the Educational Multimedia Fair Use Guidelines Development Committee, July 17, 1996 http://www.libraries.psu.edu/mtss/fairuse/guidelinedoc.html “Fair Use Of Copyrighted Materials” by Georgia Harper, University of Texas http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm “10 Big Myths about Copyright Explained” by Brad Templeton http://www.templetons.com/brad/copymyths.html “Duhaime's Law Dictionary” by Lloyd Duhaime http://www.duhaime.org/diction.htm