1. Copyright and E-reserves
Tucker Taylor
June 2016

2. Reserves- A brief history….

3. The Laws Contract law and 109 ADA / Chafee Amendment DMCA 504-2
Takedowns
Exceptions
504-2
TEACH Act
Fair Use

4. TEACH Act

5. TEACH Act http://copyright.uncc.edu/copyright/TEACH/tea chact
attempt to modernize the copyright act to accommodate distance education
many restrictions
not so many benefits
chact

6. TEACH act - benefits Nondramatic literary and sound recordings
Reasonable and limited film clips

7. TEACH Act reasonable control of downstream uses
no circumvention of technology
only limited and reasonable portions of most works
© education program

8. Fair Use

9. Four Factor Analysis Amount and substantiality used Purpose of use
Impact on the market
Purpose of use
Nature of the work

10. Code of Best Practices in Fair Use
It is fair use to make appropriately tailored course- related content available to enrolled students via digital networks
Possibly transformative
Amounts vary

11. ARL Code of Best Practices for Fair Use
Content created for teaching
Time available online
Only enrolled students
It fits the pedagogical need
Provide information on fair use for faculty
Limits simultaneous access
Informs students of rights and responsibilities
Full attribution

12. Other Codes of Best Practices

13. Georgia State University
Court Case
Georgia State University

14. Court Cases Georgia State University Timeline Pre-2008
2008 Lawsuit filed
2009 University policies updated
District court 2012
Appellate court 2014
Back to the district court

15. District Court Ruling
Of 99 cases, only 5 were found not to be fair use
GA State found to be the prevailing party
Fair use-4 factors
Not transformative but still favored GA State
Informational
10% bright line
Mixed group- The 5 losses has readily available electronic licensable excerpts

16. Appellate Court Reversed and remanded with instructions
Death of the Classroom Guidelines
Affirmed value of nonprofit education
Rejection of conflation of coursepacks and e-reserves

17. Appellate Court - Factor Analysis
Factors do not weigh equally
Four Factors
Nonprofit education favors fair use
Creativity may be found, but not very important
Evaluative, analytical or subjectively descriptive...or derived from author’s experiences or opinions”
10% rule struck down
Most important factor
Market harm of both the particular use and if the use were to become widespread (market substitution, licensing market)

18. District Court Redeux Don’t tick off the judge 5/48 to 4/48
GA State prevailing party
Four Factors
25% Nonprofit education
5% - scholarly commentary
30% - market substitution and
40% - impact on the market
Potential market of original and value of the work
Does it damage the incentive

19. What do take away from GA State?
Choose wisely what you license
Educate and Involve
Only binding in AL, FL, and GA
Only speaks to book chapters
Use Fairly, Not Too Much, Have Reasons
Keep Calm and E-Reserves On

20. Talking about Copyright

21. Talking about copyright
Why is it important
Effect on scholarship
Censorship, criticism
Effect on practitioners
Public perception
Citations, publications
Faculty
Go where they are
Offer help
JARGON
Elevator talk
It’s the long game
University attorneys
Administrators
Students
Vendors

22. thanks
tucker taylor

23. The Decision Tree
Your new best friend

24. The Decision Tree