1. Copyright and Fair Use in Education

2. Definition of Copyright
The legal rights of ownership granted to an author, composer, playwright, publisher, or distributor of an original work.

3. When Libraries Can Use Copyrighted Material
If Library’s Use falls into an Exception to Rights
2. If Library Receives Permission to Use

4. Copyright Holder’s Exclusive Rights Section 106
Reproduction
Derivative Works
Distribution
Performance
Display
Performance of Sound Recordings by Digital Transmission

5. Fair Use Rights (Section 107) Exceptions for Libraries and Users
Fair Use – When uses of copyrighted works are considered fair and acceptable Examples: criticism, comment, teaching, news reporting, scholarship, and research.

6. Guidelines for Fair Use
Purpose/Character of the Use
Nature of Copyrighted Material
Amount/Substantiality of Portion of Work Used
Effect of Use Upon Market for or Value of Work

7. Purpose/Character of Use
Non-profit, Educational Use vs. Commercial Use
Allowed:
Non-profit, educational use allowed for limited amounts and transformative use
Not Allowed:
For Profit or to Save Expense of Purchasing Material

8. Nature of Copyrighted Work
Stronger Copyright Protection for: 1. Unpublished Works 2. Creative Works

9. Amount and Substantiality of Work Used
The Greater the Amount Used, the Less Likely to be Fair Use
The More Substantial the Portion Used, the Less Likely to be Fair Use

10. Effect of Use on Potential Market for Work
Does not Pass Fair Use Test if:
Use Negatively Affects the Potential Market for Work
Includes impact for use of original work and harm created by development of residual markets for smaller pieces of information available

11. Common Sense Guidelines
Will Use Harm the Copyright Holder?
2. Are You Helping Kids Learn?

12. Educational Uses of Material
May Use: If use Promotes Learning of Science or Useful Arts May Not Use: For Entertainment or Reward (Ex. Movies shown for entertainment/reward)

13. Other Requirements for Use
Material Must Be Legally Acquired
Consumables must not be copied
Citation Must Be Given for Used Copyrighted Material

14. Link to Use When Determining Fair Use Practices
From American Library Association:
.advocacy/files/content/copyright/FairUse Checklist.pdf

15. The “Library Exception” Section 108
May Make Copies for:
Interlibrary loan
Preservation
Replacements

16. Guidelines for Section 108
Copy Made Without Intent for Commercial Advantage
Library Open to Public or Available to Researchers
Copy Made Must Include Notice of Copyright

17. Copyright Law, Section 109 “First Sale Doctrine”
American Law Allowing Libraries to Treat Material (books, movies, software, etc.) as Their Own After the First Sale Allowed to: Resell Material Loan Material

18. Section 110: Performances and Displays
By Teachers or Students Only
Purpose of “face-to-face” Teaching Only
Teacher Must be Present
Includes Videos, DVDs, Performances by Students, etc.

19. Duration of Copyright Sections 302-304
Why it is Complicated to Determine if Older Works are
Still Copyright Protected:
Congress has altered the term of copyright several times.
Congress has changed from formal registration and notice provisions to having work protected from creation.
When in Doubt, Look Up Sections to Determine each Case

20. Liability and Remedies Sections 501-504
Can Libraries Be Sued? Yes and No Yes- Municipal, County, and School System Libraries May be Sued No- State Libraries May Not, due to Interpretation of the 11th Amendment

21. Penalties for Copyright Infringement
Libraries Found Guilty Could be
Made to Pay:
Actual Damages
Statutory Damages (eliminated under certain conditions)
Attorney’s Fees
Criminal Penalties

22. References
American Library Association. (2005). FairUse checklist. Retrieved from: s/content/copyright/FairUseChecklist.pdf Image. Book with glasses. Pixabay.Com. Retrieved from: wledge _960_720.jpg Image. Copyright symbol. Pixabay.com. Retrieved from: right _960_720.png Minow, M., & Lipinski, T. A. (2003). The librarys legal answer book. Chicago: American Library Association.