Copyright and Fair Use Guidelines: Using Protected Materials to Enhance Instruction

What is copyright? A form of protection provided by U.S. title 17 and the 1976 Copyright Act Rights of the owner: To reproduce the work To prepare derivative works To distribute copies To perform the work To display the work

Copyright Applies to any “original work of authorship” that is “fixed in any tangible medium of expression” Exceptions: facts, slogans, titles, simple phrases, and U.S. government works Automatic protection Copyright Notice is no longer required

Copyright-Publication The distribution of copies of a work to the public by the sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance of display of work does not of itself constitute publication.

Length of Protection A work created on or after January 1, 1978, is automatically protected for the length of the author’s life plus 70 years. For joint authors, the protection lasts 70 years after the last author’s death. Works made for hire, anonymous, and pseudonymous works, protection lasts for 95 years after publication or 120 years from creation, whichever is shorter. Works created prior to 1978 will be protected in the same manner, but no work’s protection would end before December 31, 2002.

Copyright Personal property May be transferred or bequeathed Subject to state laws and regulations governing ownership Transfers made by contract There is no international law to protect copyright—subject to each nation’s laws.

Copyright Review True/False If it doesn’t have a copyright notice, it’s not copyrighted. True/False If you don’t charge, it’s not a violation. True/False If it’s on the Internet, it’s public domain. True/False Creations based on another work can be claimed as your own original. True/False Copyright violation isn’t a crime.

Fair Use Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution.United States copyright lawbalancing testfree speechFirst Amendment to the United States Constitution Wikipedia

Four-factor Test The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market for or value of the copyrighted work.

Purpose and Character Is the new work merely a copy of the original? Does the new work offer something above and beyond the original? Does it transform the original work in some way? Is the use of the copyrighted work for nonprofit or educational purposes?

Nature of the Work Is the copyrighted work a published or unpublished works? Is the copyrighted work out of print? Is the work factual or artistic?

The amount and substantiality of the portion used The more you use, the less likely it will be considered fair use. Does the amount you use exceed a reasonable expectation? Is the particular portion used likely to adversely affect the author's economic gain?

Effect of Use on the Potential Market The more the new work differs from the original, the less likely it will be considered an infringement. Does the work appeal to the same audience as the original? Does the new work contain anything original?

Fair Use Guidelines for Educational Multimedia By students: Students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course. By Educators for Curriculum-Based Instruction: Educators may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia programs for their own teaching tools in support of curriculum-based instructional activities at educational institutions. University of Maryland University College Information and Library Services

Conference on Fair Use (CONFU) General guidelines related to multimedia for fair use in educational settings 1994—group considered five major areas The large group identified five areas of educational use for consideration by smaller working groups: Distance Learning Multimedia (where talks were already underway under the auspices of CCUMC) Electronic Reserves Interlibrary Loan Image Collections Consensus was not reached, but the work of these groups is a good starting point for those wishing to develop a policy on all five areas.

Multimedia for Educational Use Face-to-face teaching Directed self-study for students Real-time instruction via a secure network Peer conferences Professional portfolios

Permission Required for commercial reproduction and distribution outside of the classroom More than 2 copies Network use without password protections or no student viewers

Limitations 2 years One copyrighted work 3 minutes (or 10%) of motion media 1,000 words (or 10%) 30 seconds (or 10%) of a song 5 images per artist Alterations must be part of the instructional objective

Citations Cite sources on screen First slide must state that copyrighted materials are being used under fair use and according to Multimedia Fair Use Guidelines