Fair Use How Much is Too Much. Maxtone-Graham v. Burtchaell United States Court of Appeals October 15, 1986.

Slides:



Advertisements
Similar presentations
A “bundle of rights” controlled by the owner Distribute the work Reproduce the work Display the work Perform the work Create derivative works.
Advertisements

San Cannon Federal Reserve Board IASSIST 2010
Intellectual Property Boston College Law School January 29, 2007 Copyright – Fair Use 2.
Intellectual Property Boston College Law School January 30, 2008 Copyright – Fair Use 2.
Intellectual Property Boston College Law School February 2, 2009 Copyright – Rights – Fair Use.
For Students. What is Copyright? “The exclusive right to produce or reproduce (copy), to perform in public, or to publish an original literary or artistic.
COPYRIGH T or COPYWRO NG? By: Mohsina Husain. COPYRIGHT IS… The legal right given to the originator of a piece of creative work to:  Print  Publish.
Educators and the Law COPYRIGHT BY: LAUREN D. WILLIAMS.
Copyright Infringement
Copyright, Fair Use, and Derivative Works
Copyrights: Protecting Your Photography Kimberly Isles-Towry ITEC 7445-Web Design for Educators July 8 th, 2014.
Ringgold v. Black Entertainment
Information Ethics Objective: Students will understand how to use information ethically.
COPYRIGHT: WHY WE NEED TO BE CAREFUL By: Wesley Rolston and Christina Flores.
Copyright for Artists What Every Artist and Art Student Needs to Know.
Copyright and Fair Use Implications for Assistive Technology and Education.
Copyright: What’s Right and What’s Wrong?
Jasmine Craig Spring 2010 EDUC  Can be sued and have to pay legal attorney fees  The court system can award you to pay up to $150,000 if they.
Copyright Copyright © Copyright Copyright Ms Jayme Spencer Director of Public Services, Libraries and Learning Technologies.
10/6/2015 What is Copyright? Top Ten Myths Robert McAndrews Humble ISD Career & Technology Education Center.
Copyright & Fair Use How to Use Outside Sources of Media Legally.
Copyright and Fair Use What you need to know! Mastery objective: Students will be able to define copyright and fair use and discuss how copyright and fair.
Copyright & Fair Use How to Use Outside Sources of Media Legally.
Copyright and Fair Use What you need to know!. Understanding COPYRIGHT “All tangible, creative works are protected by copyright immediately upon creation.”
Using Copyrighted Works Do I need permission to use this? Slides produced by the Copyright Education & Consultation Program.
Copyright and Fair Use. Q: Can we copy and publish material we find through an online search engine like Google Images?
Copyright Multimedia content comes from somewhere Either you make it or you acquire it Who owns the content? Do you or your users have the property rights?
Infringement Claims and Defenses Professor Todd Bruno.
Fair Use Act Jerry Hindberg Associate Director Network & Client Support Services Lewis-Clark State College September 24, 2014.
COPYRIGHT LAW Zahra Hadi Educational Technology EDUC 5302.
By. Sierra Gillette. Acceptable Use  Abiding by the policies and procedures of other networks that are accessed  Being polite and using appropriate.
Teachers & Copyright What You Need To Know By Sharon & Lisa.
Fair Use Guidelines A Guide for Teachers and Students © By Steve Summers Perkins County High School Source: Fishman, S
Copyright and Academics Angela Medley ITEC General Rule for Copyright Laws “Assume all works are protected by copyright or trademark law unless.
CITE THE ‘RIGHT: It’s the law. Caroline Burdett Jaclyn Denmon.
VIVA LAS VEGAS!!! TIFFANY DESIGN, INC. V. RENO-TAHOE SPECIALITY, INC. LIBM 6320 SPRING, 2012 BY: TONYA CORLEY TIFFANY DESIGN, INC. V. RENO-TAHOE SPECIALTY,
Do You Know How to Protect Yourself from Copyright Penalties in the Classroom?
Copyright Laws Dodge City Public Schools November 2013 Compiled By: 6-12 Academic Coaches and DCHS Librarian Approved By: 6-12 Administrators.
Copyright Law A Guide for Educators. Jolene Hartnett, RDH, BS Seattle Central College © 2015 Certain materials in this program are included under the.
Copyright Law Presented by Laura Heins. What is Copyright Law? A law that protects your original work and gives you the exclusive rights to it. Ensures.
Copyright Laws for Educators Natasha Overstreet Kristen Day.
??????  1. Understand and explain the purpose of Fair Use.  2. Identify and explain the four factors of Fair Use.  3. Practice completing the Checklist.
Copyright Brief Salinger v. Random House Alicia Francis University of Central Arkansas.
Fair Use and Copyright For Teachers All information from the U.S. Copyright Office: Reproduction of Copyrighted Works by Educators and Librarians. Reproduction.
Copyright Law & Plagiarism Library 10 – Basic Information Competency.
+ How do you make a fair use determination? Charlene, Linda and Mady.
FAIR USE -What is it? -Comments on Fair Use -Four-factor Balancing Test -Common Misunderstandings.
Michelle Olivacce’
Copyright and Fair Use What Teachers Should Know April Shinpaugh By PresenterMedia.comPresenterMedia.com.
Edit the text with your own short phrase. The animation is already done for you; just copy and paste the slide into your existing presentation.
What is Fair Use? Fair use is the educational exemption for copyright law. The educational exemption allows for limited reproduction and distribution for.
Online Media Copyright and Fair Use Guidelines How teachers and students can be held accountable to properly use and create online media.
Ad hoc Copyright Policy Revision Committee Sara Wolf/Jan Thornton Nick Backscheider Betsy Gilbertson Bruce Kuerten Don Mulvaney Robert Norton Andrew Wohrley.
Copyright Tips for Presenting at SOA Meetings & Webinars January 2016.
The Fair Use Defense to Copyright Infringement An Overview Aaron K. Perzanowski.
Copyright and Digital Images Image source: ronnie burt/ Pinterest.com Since “Dexter the cat hates those that.
Copyright and Fair Use Guidelines What we can and can’t do. By Sandy Peel.
Copyright Law Presentation by Kimberly Ramos All sources used follow Copyright and Fair Use guidelines in this presentation.
Trademark and copyright infringement and cost report
Copyright Treasure Hunt
What Are The Copyright Rules And How To Obey Them!!!
Copyright Material: What constitutes “Fair Use”?
Fair Use in the Era of Social Media Web.
Copyright/ Fair Use for Teachers
COPYRIGHT LAWS… WHAT YOU, THE TEACHER & STUDENT, SHOULD KNOW!
Copyright – Keeping it Legal
Copyright Infringement & How to avoid it
Copyright Law Presentation
Copyright by Marco Olivares.
Fair Use & the Academy Kyra Folk-Farber
Presentation transcript:

Fair Use How Much is Too Much

Maxtone-Graham v. Burtchaell United States Court of Appeals October 15, 1986

Maxtone-Graham  Katrina Maxtone-Graham published a book Pregnant by Mistake in  Katrina interviewed women about their experience with unplanned pregnancies. These women signed copyright over to Katrina but they were never recorded with the Copyright Office. Student Web, 2011

Maxtone-Graham  Pregnant by Mistake was published by Liveright in August of  The book sold 2,349 before going out of print on March 31,  Publishing rights were given to Katrina on February 24, 1982.

Burtchaell  James Tunstead Burtchaell requested permission to quote from Pregnant by Mistake several times but was denied.  Burtchaell consulted legal counsel then preceded to directly quoted from interviews that were from Pregnant by Mistake.  Burtchaell published Rachel Weeping on April 1, 1982.

Maxtone-Graham’s Claim  She claims that Burtchaell made numerous errors when quoting from her book.  She also claims that the use of her work was excessive and infringed upon her economic interests.

Get the Facts  Fair Use The purpose and character of the use, including whether such use is of 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 The effect of the use upon the potential market for, or value of, the copyrighted work U.S. Copyright Office

This Facts of This Case:  Numerous errors were made in the quoted passages, however, the mistakes were not an injustice to Pregnant by Mistake  4.3% of Rachel Weeping was found in Pregnant by Mistake  Pregnant by Mistake was out of print at the time of Rachel Weeping Cummins, 2009.

The verdict is in…  Educational elements outweigh the commercial aspects-the purpose of Rachel Weeping was to educate  Errors in the quoting did not effect context  Using 4.3% of the words was NOT unfair

References  Clip Art on Slide 9, was taken from Microsoft Clip Art Gallery.  Cummins, G., & Alter, V.. (2009, July). Can Intentional or Knowingly Reckless Misuse of Copyrighted Material Be Considered "Fair Use?". Communications Lawyer : Publication of the Forum Committee on Communications Law, American Bar Association, 26(3), ,43. Retrieved October 26, 2011, from ABI/INFORM Complete. (Document ID: ).  School of Law. Student Web. Retrieved October 12, 2011, from %20&%20Readings/Copyright- UNT/maxtonegraham.htm %20&%20Readings/Copyright- UNT/maxtonegraham.htm  United States Copyright Office. Retrieved October 26, 2011, from