C OPYRIGHT F OR F ACULTY Prepared for New Faculty Professional Development 2015 By Karen Becker, MLS

O BJECTIVES Review some key components of the KCC Copyright Policy Make faculty aware of some resources available with determining Fair Use Address your concerns regarding copyrighted materials

C OMMON C OPYRIGHT M ISPERCEPTIONS If a work does not contain the copyright symbol then the item is not copyrighted As an employee of an educational institution my use of materials is considered fair use. The person creating the work owns the copyright If an item is out of print it is copyright free Acknowledgement of sources will make my use of the work okay

KCC C OPYRIGHT P OLICY Found at Basically outlines the parameters for using materials in the classroom and online.

F AIR U SE Found at fairuse.aspx fairuse.aspx Fair use must be taken on a case by case basis and includes the following factors: Purpose and characteristic of the work Nature of the work. Amount of the work being used Effect of the work

P URPOSE AND C HARACTER OF U SE W EIGHING IN F AVOR OF F AIR U SE Educational and personal Working for a non profit organization Does use of the material in anyway transform the original source? An example would be a parody Access restricted to students for the duration of the semester.

N ATURE OF THE C OPYRIGHTED W ORK W EIGHING IN F AVOR OF F AIR U SE Is the work being used factual or creative? Is the work published? Is the work out of print? Is the work important to the educational outcomes of the class? Examples of factual works would be non-fiction works, biographies or journal articles. Creative tend to be works of fiction or plays If possible it is a good idea to document how the work will cover a learning objective. This will strengthen the case for Fair Use.

A MOUNT OF THE W ORK U SED ( WEIGHING IN FAVOR OF F AIR U SE ) Using only a small part of the work Using only that which will allow you to achieve your learning outcome. Generally you should use no more than 10% of the entire work.

E FFECT OF USE ON THE M ARKET (A CTUAL AND P OTENTIAL ) WEIGHING IN FAVOR OF F AIR U SE Use of the material has no substantial effect on the market Permission to use the material is not available. Copyright owners can not be identified. Original copy is not available User has obtained a lawfully acquired copy Few copies are made and use of the material is not repeated, or the copy is not widely distributed. Note: placing copies on a website is considered wide distribution while linking into a course management system does not. Repeated use, is not specifically defined, however the more a work is used the more likely it is to weigh against fair use.

F AIR U SE E XAMPLES Photocopying articles for your research One or few copies made ing articles either to yourself or students Using factual, non creative work such as non-fiction, articles or documentary film. Using a small portion of a movie or song for educational purposes Using material that is not essential to learning objectives. Providing copies rather than a link to articles or chapters Using works of fiction, poetry or creative films Using articles for an extended period of time In favor of Fair UseAgainst Fair Use

DMCA AND TEACH ACT DMCA was passed in 1998 and placed restrictions of the use of materials in an online environment TEACH Act was passed in 2002 and lifted many of the restrictions of DMCA. Content used must be for educational purposes Content is a non-dramatic literary or musical work Performances of reasonable portions of any other work or Display of any other work in an amount comparable to that typically displayed in a live classroom setting Examples of non dramatic literary work include poetry and/or short story readings.

DMCA AND TEACH ACT CONT. TEACH will apply if the work is: An integral part of the class session AND Directly related and of material assistance to the teaching content Access is limited to students enrolled in the course AND Retention in accessible form for no longer than a class session AND No interference with copyright holder’s technological measures that prevent such retention and dissemination.

DMCA AND TEACH ACT CONT TEACH will not cover the following circumstances: Digital education works (works produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks) or Copies that were unlawfully made or acquired (this includes actually knowing or having a reasonable expectation of knowing that the copies were made unlawfully.) If the TEACH exemptions do not apply you can always determine if Fair Use would apply.

TEACH ACT N OTICE KCC requires that the following notice must be included on materials distributed online: “The materials on this course website are only for the use of students enrolled in this course, for the purposes associated with this course and may not be retained or further disseminated”

S HOWING FILMS INSIDE OR OUTSIDE THE CLASS Showing films inside a classroom is permissible under certain circumstances Showing films outside the classroom requires a public performance license. For additional information regarding public performance licenses contact Laura Gardner Coordinator of Student Life and Development

F INAL T HOUGHTS : You are responsible for your own compliance with copyright policies It is assumed that a work is copyrighted If you want to use a work Determine whether the work is protected by copyright. Use the Fair Use Checklist to see if the work falls in the realm of Fair use Obtain permission from the author/publisher Find an alternative source if needed If in doubt contact Karen Becker, Assistant Director Miner Memorial Library

C OPYRIGHT C ONTACT Karen Becker, Director, Miner Memorial Library or