Everyday Copyright How does copyright impact my teaching & research? Slides produced by the Copyright Education & Consultation Program

Guiding Questions How does copyright impact my day to day activities? What is fair use? Can I share this with my class? o What about my online class? Can I use this in my research or writing? Slides produced by the Copyright Education & Consultation Program

How does copyright impact me? Copyright laws govern: o What ways you can use copyrighted works e.g. remix them? Make copies? o When you need to get permission to use a work o What you can show or distribute in your classroom Slides produced by the Copyright Education & Consultation Program

What is fair use? Fair use is the limited access granted to copyrighted material without the permission of the copyright holder. o If your use of a material falls under fair use, you do not need permission to use it from the copyright holder o There are four factors that govern how to implement fair use Slides produced by the Copyright Education & Consultation Program

4 Fair Use Factors 1. What is the character or purpose of the use? Educational use is more likely to fall within the range of fair use. If a profit is going to be made from the use, it is almost never fair use. 2. What is the nature of the material being used? Published and factual are more likely to be considered fair use cases than unpublished or fictional works. Slides produced by the Copyright Education & Consultation Program

4 Fair Use Factors 3. How much of the work will be used? Reproduction of the entire work is rarely considered fair use. The use of a small, relevant portion is much safer. 4. What effect will this use have on the market for the original material? If your use stands in the way of potential sales for the creator or the work is easily available for a reasonable price, your use is likely not fair. Slides produced by the Copyright Education & Consultation Program

So what can I use in the Classroom? Section 110 of copyright law is an exception to copyright law that makes it legal to perform or display any copyrighted materials if: o The class is conducted face-to-face in a classroom or similar educational setting o The school is a non-profit institution o The school legally owns a copy of the material being shared o The information is necessary to the course Slides produced by the Copyright Education & Consultation Program

What Materials can I use in the Classroom? Section 110 does not cover making copies for classroom use Fair use addresses copies. It may still be possible to use the work if: o The work will be used for purely instructional purposes o A limited number of copies will be made (no more than one per student) o The portion of the work is reasonably short o The professor needs to use the work too soon to reasonably get permission Slides produced by the Copyright Education & Consultation Program

What about materials for my online class? The Technology, Education, and Copyright Harmonization Act (TEACH Act) governs this o Passed in 2001 and addresses omissions from earlier laws – specifically it addresses copyright and distance education o Copyrighted material can be transmitted to distance education students if certain guidelines are met: The institution must meet a variety of criteria The nature of the transmission must meet a variety of criteria Slides produced by the Copyright Education & Consultation Program

How does this impact me? What are my responsibilities when it comes to showing works in an online class? o You must be in charge of planning and conducting classes where materials are transmitted o You must ensure that the material is relevant to the class Slides produced by the Copyright Education & Consultation Program

How does this impact me? What can I show in an online class? o Performances of nondramatic literary & musical works o All other performances in “reasonable and limited portions” e.g. Clip from Fight Club that highlights a psychological theory you are discussing in class – NOT the entire movie! o Displays of work as long as displays are similar to the size and scope you could show in a classroom Slides produced by the Copyright Education & Consultation Program

What can I use in my research? Slides produced by the Copyright Education & Consultation Program If your intended use of any material would be considered fair, you are free to use it in your writing and research

Are there materials I can use without permission? Slides produced by the Copyright Education & Consultation Program Public domain works Open access works – May depend on where it was published Works with a Creative Commons license – Usually have to attribute these

When do I need permission to use a work? Slides produced by the Copyright Education & Consultation Program Anytime your use is not fair o If there is any doubt, it is best to get permission!

Getting Permission If your use of a work is not fair or permissible in the situation you want to use it, you must contact the copyright owner for permission to use the work o This could be the author, publisher, a beneficiary, or someone completely different Be sure to get a written copy of any agreements. In it state: o Your intended use, the duration of your use, and the amount of the work you would like to use Slides produced by the Copyright Education & Consultation Program

Questions? Slides produced by the Copyright Education & Consultation Program

Resources Search for the current status of copyrighted material (only material from after 1978): o Stanford's Copyright Renewal Database lets you search for the status of earlier materials: o Copyright Education & Consultation homepage: o Slides produced by the Copyright Education & Consultation Program

Resources University of Minnesota’s Fair Use Decision Map: o seMapBig.png seMapBig.png Copyright Education & Consultation Program’s Fair Use Checklist: o use/#cl use/#cl Slides produced by the Copyright Education & Consultation Program

More Info … The Copyright Education & Consultation Program is funded by a Library and Technical Services Grant Administered by the Illinois State Library Please visit our website at Slides produced by the Copyright Education & Consultation Program