Copyright, Fairuse, and Copywrong

Helpful websites Google Docs (includes presentations & spreadsheets)Google Docs U.S. Copyright Office Ball State Copyright Office Purdue University Copyright Office IUPUI’s Copyright Management Center

What is copyright? “The congress shall have power… to promote the Progress of science and useful arts by securing for limited Times to… …Authors and Inventors the exclusive Right to their respective Writings and discoveries. Source: United States Constitution, Article I, Section 8 Yes, I realize the capitalization is strange!

According to the law… …there are six exclusive rights held by the copyright owner. They are: 1) Right to authorize distribution 2) Right to authorize public performances 3) Right to authorize public display 4) Right to authorize a derivative work 5) Right to authorize copies and reproduction 6) Moral rights including the integrity of the work and creator (applies to highly creative works such as art) Source (url): BSU Copyright and Intellectual Property Office

What is infringement? If it is not the decoration on a jacket, what is it? Infringement as it applies to copyright law is the violation of the exclusive rights of the copyright owner. Source:BSU Copyright and intellectual property office

Correctly used, Fair Use will save us from copyright infringement! © Fair Use What is Fair? Fare is the price to ride the bus! Just kidding! 1)Purpose 2)Nature 3)Amount and substantiality (meaning: Was the material used the heart of the original work?) 4)Effect on the market (or potential market) Source: U.S. Copyright Office

Commercial Activity Portion Used Not Central to Entire Work Fiction Appropriate for Educational Purpose Published Work Important for Educational Objectives Profiting Small Quantity Used Unpublished Work Bad Faith- Not giving the author credit Factual – NonFiction Very Creative Work Fair Use +/- 1) _Purpose____________2) _Amount_______________

Fair Use +/- Continued Replaces Sale Web Distribution Teaching Long-term Use Criticism Parody News Reporting User Legally Owns Copyright Small Quantity Used Impairs the Market Single, or Few Copies Made Restricted Access Comment No Effect on the Market or Potential ) _Nature_________________2) _Effect______________ Don’t get nailed by ‘Effecting the Market’!

Could it be true? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _____________________________.

Content adapted from 2005 Copyright Conference Presentations: Fair-Use: Overview and Meaning for Higher Education By Kenneth Crews Associate Professor of Law and of Library and Information Science Director, Copyright Management Center Indiana-University Purdue University at Indianapolis 755 West Michigan St Indianapolis, IN Digital Big Picture by Dwayne K Butler, J.D. Professor, University Libraries and Sometimes Swell Guy