Copyright Law A Guide for Educators

Jolene Hartnett, RDH, BS Seattle Central College © 2015 Certain materials in this program are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.

Upon completion of this tutorial the educator will be able to: Define copyright Define key concepts associated with copyright Explain the term “fair use” as it relates to copyright Evaluate and analyze for fair use by using a fair use evaluation tool Identify resources that do not require copyright permission and those that do Describe how to obtain copyright permission Explain the consequences of copyright infringement

Copyright Definition A form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship, “ including literary, dramatic, musical, artistic, and certain other intellectual works (Source: U.S. Copyright Office)

Key Copyright Concepts Attribution Copyright Infringement Copyright Owner Copyright Notice Creative Commons Public Domain Fair Use

ATTRIBUTION Giving credit to an author by citing or noting who is responsible for the information Giving credit does not substitute for having permission to use copyrighted material

COPYRIGHT INFRINGEMENT Copying, displaying, or distributing copyrighted material without permission from the owner Infringement is punishable by law

COPYRIGHT OWNER The person or entity with sole right to reproduce, distribute, perform, or display copyrighted material Creator of the material

COPYRIGHT NOTICE The familiar symbol (©) indicates copyright Does not need to be present to protect a work

CREATIVE COMMONS An alternative to copyright that allows the creator of a copyrightable work to offer a license that specifies the conditions for its use Offers a way to share content while protecting ownership Promotes creativity and sharing

PUBLIC DOMAIN Materials that are not protected by copyright Works may be in the public domain because they are not eligible to be copyrighted, the copyright term has expired, or the owner has given up copyright Free for public to use All work published in the U.S. prior to 1923 Published works after 1978 = Life + 70 years

FAIR USE A legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. The privilege of others, other than the owner of a copyright, to use the copyrighted material in a reasonable manner without the consent of the author. One of the exceptions of copyright which allows use of copyrighted materials without obtaining permission as long as the use can be considered fair Application of 4 factors

Fair Use Factors #1The purpose and character of the use #2The nature of the copyrighted work #3The amount or substantiality of the portion used #4The effect of the use on the potential market for or value of the work

Fair Use Analysis Balanced application of all 4 factors User must make a good faith determination as to whether the use, in light of all 4 factors, can be considered fair use Use the Fair Use Analysis Checklist to make a good faith determination Fair Use #1#2#3#4

Fair Use Analysis Checklist (Source: Purdue University Copyright Office) Factor #1 Factor #2 Factor #3 Factor #4 What is the purpose and character of the use? What is the nature of the work to be used? How much of the work will be used? What is the effect of the use on the market for the work? Favors Fair Use  Nonprofit  Educational  Personal  Teaching  Criticism & Comment  Scholarship & Research  News Reporting  Fact  Published  Small Amount  No Effect  Licensing/Permissions Unavailable Favors Permission  Commercial  For Profit  Entertainment  Creative  Unpublished  Large Amount  Heat of the Work  Major Market Effect  Work is Made Available to the World

Fair Use Analysis Using the Fair Use Analysis Checklist: 1. Check the appropriate box or boxes under each factor that corresponds to your material in question. 2. If the balance weighs in favor of fair use, the work can be used without permission. 3. If the balance weighs against fair use, permission must be obtained.

Fair Use Analysis (Source: Purdue University Copyright Office) It’s…If… Fair use4 factors favor fair use More than likely fair use3 factors favor fair use May be fair use2 to 2 tie. User must assess the risk Not fair use1 factor favors fair use

Instructor’s Guide to Copyright What does not require copyright permission? Links or citations to information in licensed library research databases Links or citations to information freely available on the Web Information from the public domain, such as books published before 1923, government publications, or information clearly marked “public domain” Open Education Resources that carry Creative Commons licenses Original content that you created

Instructor’s Guide to Copyright What requires copyright permission? Pages copied from any book published after 1923 Articles copied from any print periodical or printed from an online source Anything with copyright notice Anytime a copy is made of copyrighted material, copyright laws come into play. Instructors are responsible for clearing copyright permission for any materials included for instruction.

Instructor’s Guide to Copyright If I need to get permission to use copyright protected work, how do I do it? Find out who owns the copyright Look for the owner’s name with the copyright notice on the work Search the Copyright Clearance Center (Copyright.com) Contact appropriate licensing agencies Request permission Through the Copyright Clearance Center Use model letters to contact the owner directly- (Columbia University Library- copyright.Columbia.edu)

Consequences of Copyright Infringement? Legal action Infringer pays the actual dollar amount of damages and profits Law provides a range from $200-$150,000 for each work infringed Infringer pays all attorney fees and court costs Court ordered injunction Court can impound illegal works Criminal prosecution- deliberate infringement of copyright on a commercial scale

SUMMARY Exercise your fair use rights Use the checklist to evaluate fair use Provide links to material rather than copying Get permission to make copies (unless fair use applies) Require students to purchase materials if permission cannot be obtained Use public domain Show films in educational settings, such as classrooms Perform a work in a classroom as part of a teaching activity DO Assume all uses by educators are “fair use” Assume commonly cited fair use guidelines are absolute legal boundaries Copy materials when there is a reasonable alternative, such as purchasing them or getting permission Show films publicly with open invitations to the community without public performance rights DON’T

References American University Library. (2010). What faculty need to know about copyright for teaching. Retrieved from Crews, K. D. (2015). Copyright quick guide. Retrieved from Purdue University. (2009). Copyright exceptions. Retrieved from Seattle Central College. (2015). Copyright basics. Retrieved from U.S. Copyright Office. (2015). More information on fair use. Retrieved from