By Mary Morris EDTC 5103

Copyright Copyright is the right to be acknowledged for authorization before someone copies certain work to be used commercially. The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. (Merriam Webster Online)

Fair Use It is part of the Copyright law created by Congress Fair use allows educators, researchers, and others the opportunity to use copyrighted material without first acknowledging or requesting permission from the “owner” of the material. Accessed: e+graphic+justice+is+blind&biw=1242& bih=633&tbm=isch&tbo=u&source=uni v&sa=X&ei=BuleVJrpIoi7yQTM44LIBw &ved=0CB0QsAQ

Fair Use “The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites the following examples of activities that courts have regarded as fair use: -quotation of excerpts in a review or criticism for purposes of illustration or comment; -quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; -use in a parody of some of the content of the work parodied; -summary of an address or article, with brief quotations, in a news report; …(Accessed at 11/8/2014)

Fair Use “The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites the following as examples of activities that courts have regarded as fair use --continued: -reproduction by a library of a portion of a work to replace part of a damaged copy; -reproduction by a teacher or student of a small part of a work to illustrate a lesson; -reproduction of a work in legislative or judicial proceedings or reports; -incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” (Accessed at 11/8/2014)

Fair Use Thus, “In contemporary copyright law, a teacher who provides students with excerpts from a copyrighted material to illustrate a lesson or provoke class discussion, has fair use rights…” (Source: Jaszi, Peter, Fair Use and Education: The Way Forward, The Cardoza School of Law of Yeshiva University, Law & Literature, Spring 2013, p. 1)

Four Fair-Use Factors #1 -- Purpose of the work Whether of a commercial (for profit) use or for non- profit educational use. Should be “not for profit” use. #2 -- Nature of Copyrighted work If a work is published, the Fair Use law may apply. If a work is non-fictional, the Fair Use law may apply. NOTE: Must meet the criteria of ALL four factors.

#3 -- The Amount of the Work to be Used One would not expect to use an entire work except perhaps in research. #4 -- The Effect of the Use on the Market Value If use of copyrighted material will deprive the owner of the sale of that material—in a case that the owner would sell the material in that market if the user were not giving the material away free of charge. Four Fair-Use Factors continued

Additional Fair-Use Factors 1 -- Individual Selection The instructor must initiate use of material in a particular instance; classroom use should not be handed down as a directive to all by the administration Timing of Use Is the use of material being accessed on the spur of the moment?—leaving no time to receive approval from owner of material by going through the process.

Transformative Work Transformative use is the use of copyrighted material in a different manner other than the owner’s intent in its original presentation to the public. “(as the federal Second Circuit Court of Appeals recently has recognized) copyright owners are not entitled to control the ‘transformative markets’ for their works.” (Jaszi, Peter, Fair Use and Education: The Way Forward, The Cardoza School of Law of Yeshiva University, Law & Literature, Spring 2013, p. 5)

Digital Copies The Digital Millennium Copyright Act, adopted in the U.S. in 1998, expanded owners' control over digital forms of their creations and penalized persons who sought to evade technological shields (such as encryption) for copyrighted material. (Merriam- Webster Online)