The Copyright Tightrope

The presentation is intended for informational purposes only. I am not a lawyer……..

Albrecht Durer German Artist Hold! You crafty ones, strangers to work, and pilferers of other men’s brains……

Samuel Langhorne Clemens aka Mark Twain American Author Only one thing is impossible for God; to find any sense in any copyright law on the planet. Mark Twains Notebook,

Big copyright picture: 2 conflicting ideas – 2 conflicting parties Party A = Education Party B= Publishers, et. al. United States Constitution Articled 1, Section 8, Clause 8 To promote the progress of Science and the Useful Arts, by securing for a limited time to Authors and Inventors the exclusive right to their respective writing and discoveries

It’s all about balance

Guidance and Training 17 USC § 107 Georgia Board of Regents Other Universities = General Consensus= informed advice on compliance questions

In order to strike a balance between parties we have to comply with the law according to 17 US Code§ 107, while at the same time exercising through a good faith effort our fair use rights. Goal is to balance

Intro 17 USC § 107 Limitation on exclusive rights: Fair Use Ask first……

“Using fair use takes the PAIN out of copyright compliance” FOUR FACTORS Purpose and Character of Use Amount/substantiality of the work Impact on the potential market Nature of copyrighted work used

Fair Use Checklist Four Factors Factor 1: Purpose and character of use Check the applicable boxes Education, non-profit  Teaching, criticism, parody Non-commercial  Transformative Necessary to achieve educational goal Weights in favor of fair use Check the applicable boxes  For profit  For public distribution For entertainment  Mirror Image Copying  Use exceeds what is necessary for teaching purposes Weights against fair use

Faculty Faculty should keep a copy of the fair use checklist that they fill out for each and every individual title they evaluate and use, and it should be dated. BECAUSE This checklist provides evidence of a good faith effort in deciding for or against fair use.

Course Packs Public performance rights Images Inter-Library Loan

E-Reserves Orphan Works Distance Education

Public Domain If it’s in the fridge it is in the public domain. Facts Recipes Ideas Dedicated works Government docs Expired copyright

Asking Permission Templates Please may I…

I hope I have given you enough information that you will feel confident when it comes your turn to walk the tightrope, balancing progress on one side and limits on the other!

…..with a new clarity and vision to “promote the progress of Science and the Useful Arts… …………as it is our right as educators through the fair use exception!

QUESTIONS……………….. Thank you!