COPYRIGHT AND FAIR USE By: Linda Corriveau

“In the United States, copyright law protects the authors of "original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works." This protection covers both published and unpublished works, regardless of the nationality or domicile of the author. It is unlawful for anyone to violate any of the rights provided by copyright law to the owner of a copyright.” Copyright Law

1. Purpose and Character of Use 2. Nature of Copyrighted 3. Amount and Substantiality of Portion Used 4. Effect on Market for Original *In the following slides, there is a checklist for each factor of “fair use” of a copyrighted work. Use the checklist in order to establish a “reasonable and good faith” attempt at applying fair use (University System of Georgia, 2014) 4 Factors of Fair Use

Factor 1: Purpose and Character of the Use Weighs in Favor of Fair Use □ Nonprofit Educational Institution □ Used for Purpose of Teaching (including multiple copies for classroom use) and/or Scholarship or Criticism, Comment, News Reporting, or Parody □ Used for noncommercial, nonprofit educational use □ Transformative (use changes work for new utility or purpose) □ Use is necessary to achieve your intended educational purpose □ Factor Weighs in Favor of Fair Use

Factor 2: Nature of Copyrighted Work Weighs in Favor of Fair Use □ Published work □ Factual/informational and educational in nature or nonfiction work □ Non-consumable work □ Factor Weighs in Favor of Fair Use

Factor 3: Amount & Substantiality of Portion Used Weighs in Favor of Fair Use □ Decidedly small portion of work used (no more than 10% of work not divided into chapters or having less than 10 chapters or no more than 1 chapter of a 10 or more chapter work) □ Portion used is not central or significant to entire work as a whole □ Amount taken is narrowly tailored to accomplish a demonstrated, legitimate purpose in the course curriculum and must be narrowly tailored to accomplish that purpose □ Access limited to students enrolled in course for only the term of the course □ Factor Weighs in Favor of Fair Use

Factor 4: Effect on Market for Original Weighs in Favor of Fair Use □ Permission for digital excerpt is not readily available from publisher or Copyright Clearance Center at a reasonable price □ Decidedly small portion used □ User owns lawfully acquired or purchased copy of original work □ Use stimulates market for original work market for original work □ Factor Weighs in Favor of Fair Use

Copyright & Fair Use Guidelines for Teacher  Reference chart at link below and print or copy for hard copy handouts if need be  YXad/Copyright&FairUsebyTechnologyandLearning.pdf

Multimedia Projects  Digital or electronic content, such as e-books, photographs on Web sites and electronic databases are subject to the same protections under the Copyright Act as non-digital, traditional or analog works.  Many people assume that online content, or content found on Web sites, is not subject to copyright law and may be freely used and modified without permission. This is not true. Others think that online content is not protected unless it carries a copyright notice. This is not true either.  Copyright law protects almost all content on the Web or in any other digital or electronic form. Therefore, permission is most likely required to use that work beyond fair use.

Scenario 1: Multimedia Projects Classroom Presentation SCENARIO: A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs. FAIR USE? Yes. The copyright fair use provision explicitly provides for classroom use of copyrighted material. Instructors and students may perform and display their own educational projects or presentations for instruction.

Scenario 2: Multimedia Projects Electronic Transmission or Broadcast of Classroom Presentation SCENARIO: What if the presentation incorporating the photographs discussed in SCENARIO 1 is broadcast to a distant classroom? FAIR USE? Yes. This use would be considered fair use, as long as the presentation is broadcast for remote instruction.

Scenario 3: Multimedia Projects Making Changes to Photographs SCENARIO: What if the student or teacher were to change the attributes of the pictures discussed in SCENARIO 1? FAIR USE? Yes. This would be considered fair use for education, comment, criticism, or parody. One must inform the audience that changes were made to the photographer's copyrighted work.

References Bern Dibner Library of Science and Technology. Copyright and fair use. Retrieved from Copyright Clearance Center Inc. (2008). Copyright basics. Retrieved from Technology & Learning. Copyright and fair use guidelines for teachers. Retrieved from t&FairUsebyTechnologyandLearning.pdf University System of Georgia. Fair use checklist. Retrieved from