1. Copyright and Fair Use Doris Van Kampen-Breit
Faculty Development Librarian
Saint Leo University
2019

2. NET Act No Electronic Theft (NET) Act 1997
Facilitates prosecution of copyright violations for persons/organizations using the Internet to intentionally distribute copyrighted software /media/music, etc.
Maximum penalty: 3 years prison, $250,000 fine.

3. DMCA The Digital Millennium Copyright Act 1998 Major Changes
Universities are considered “Online Service Providers” (OSP)
must comply with copyright law in order to limit their legal liabilities in the event a user of their service violates copyright laws.

4. The University
Legally required to remove materials which violate copyright law from the network
Obligated to provide information and training to all members of the academic community in regards to their policy.
SLU Master Policy Manual

5. The Four Factors & “Fair Use”
Purpose
Nature
Amount
Effect
Copyright covers both published and unpublished works

6. Purpose Educational Use One semester per year for articles
<10% of an entire work
Movies purchased by Library or University
Home videos not covered
Handed out in class or placed in Ereserves/protected system for students to obtain themselves
Research
Transformative (art)

7. Nature Rights expired Rights forfeited Rights inapplicable***
Public Domain
Published work
Orphan?
Lose copyright status?
Is the author still alive?
Or dead more than 70 years?
Unpublished work
Auto copyright after 1976
Rights expired
Rights forfeited
Rights inapplicable***
Sweat equity

8. Amount and Effect Amount Small portion copied
Portion copied is not “heart” of work
Portion used just enough to accomplish the goal
Effect
Use will not diminish market for item

9. COPYRIGHTED Examples All have value as intellectual property
Student Works
Guest Speakers
Recorded Interviews/Oral Histories
Links and Websites
Copying of Analog A/V Materials
All have value as intellectual property

10. Guest Speakers Can you video tape? Yes, with permission
Can you distribute via copies or the Internet?
Yes, with written permission

11. Student Produced Works
Students own their intellectual property, including papers, presentations, videos, webpages, etc.**
If you intend to use samples with other classes, written permission should be obtained (you can argue Fair Use…. but…
**if uploaded to Turnitin.com student have given permission for the company to “use” the works

12. Student Works & Fair Use
Give credit (cite) in papers and presentations for the works of students, just as you would cite the source for a quotation or other insight from another author.
Some student works are “educational records” given significant privacy protections under federal law.

13. Websites Copying materials or entire websites? Permission needed
Linking to external websites? ---Fair Use
Downloading an article, then uploading it to a course – permission/licensing needed. (leave it where it “lives” – use a “map” instead.)
Copying materials or entire websites? Permission needed
Embedding materials from Youtube? FairUse

14. Video, Music etc
Can a digital copy be made of analog items? Yes AND No
A Library may make one copy for archival purposes and for use by the “public” within the physical confines of the library, IF:
It is not currently available in a digital format
It owns a physical analog copy of the item in its current collection
It cannot be purchased for a “reasonable” price
Not for “commercial advantage” (i.e. courses!)
Library includes the copyright notice from original item

15. Public Domain
Items in the “Public Domain” are copy right free; you should give attribution when possible, but you can use them freely.
Works in the public domain are those whose intellectual property rights have:
expired,[1]
been forfeited,[2]
Are inapplicable (forms, Government documents, federal laws, court decisions)
Just because an item is old doesn't guarantee that it is part of the public domain
This includes Creative Commons items if permission is open access/use

16. Public domain Created before copyright laws (example: the Bible),
A work may be in the public domain because:
Created before copyright laws (example: the Bible),
Protection has expired (example: Moby Dick),
It never had copyright protection
Protection was lost
It was dedicated to the public domain

17. Free* Resources Open Culture Creative Commons* Project Gutenberg
Wikipedia Public Domain Image Sources
Library Of Congress*

18. More Resources Courses materials, and free/low fee textbooks
MIT Free Courseware
OER Commons
Open Textbook Library
Open Stax College
Florida Open Access Repository

19. & More Resources Copyright Clearances
Music is cleared through ASCAP
Plays are cleared through the rights holders. A list of major rights holders can be found at this website, operated by the University of Texas
Educational Materials (books, articles) Copyright Clearance Center

20. References Center for Social Media U.S. Copyright Office
The Laws
Summary of DMCA
Center for Social Media