LEGAL WARNINGFOR PRIVATE HOME USE ONLYALL OTHER RIGHTS RESERVED

ANY UNAUTHORIZED COPYING OF, EDITING,EXHIBITING, RENTING, EXCHANGING, PUBLIC

PERFORMANCE, RADIO OR TELEVISIONBROADCASTING OF THIS VIDEO PROGRAM ORANY PART THEROF, IS STRICTLY PROHIBITED.

CRIMINAL COPYRIGHT INFRINGEMENT ISINVESTIGATED BY THE FBI AND MAY CONSTITUTE AFELONY WITH A MAXIMUM PENALTY OF UP TO FIVE

YEARS IN PRISON AND/OR A $250,000 FINE.

2012 Susan H. Delagrange©

Susan H. Delagrange

Copyright(s)

So… just what are these copyrightsI’ve been hearing about?

Copy rights

• the reproductive right• the adaptive right• the distributive right• the performance right• the display right• the attribution right• the integrity right

Is the work protected?If the work is protected, do you wish to exercise

one of the owner’s exclusive rights?Is your use exempt or excused from liability for

infringement?

Do I need permission?

Limitations on Exclusive Rights:Fair Use

The Four-Factor Fair Use Test

What is the character of the use?

Four-Factor Fair Use Analysis

Four-Factor: Character of Use

Non-profitEducationalPersonal

CriticismCommentaryNews reportingParodyOtherwise “transformative” use

Commercial

What is the character of the use?What is the nature of the work to be used?

Four-Factor Fair Use Analysis

Four-Factor: Nature of Work

FactualPublished

A mixture of factual and imaginative

ImaginativeNot published

What is the character of the use?What is the nature of the work to be used?

How much of the work will you use?

Four-Factor Fair Use Analysis

Four-Factor: How Much?

Small amount More than a small amount

What is the character of the use?What is the nature of the work to be used?

How much of the work will you use?What effect would this use have on the market for

the original or for permissions if the use were widespread?

Four-Factor Fair Use Analysis

Four-Factor: Effect on Market

After evaluation of first three factors, the proposed use is tipping toward fair use

Original is out of print or otherwise unavailableNo ready market for permissionCopyright owner is unidentifiable

Competes with (takes away from) the originalAvoids payment for permission (royalties) in an established permissions market

performance or display of a work by instructors or pupils in the course of face-to-

face teaching activities of a non-profit educational institution, in a classroom or

similar place devoted to instructionperformance of a non-dramatic literary or musical work or display of a work, by or in

the course of transmission

Four-Factor Fair Use Analysis:

Exemption of Certain Performances and Displays

Incorporate performances of others’ workssparingly

only if a faculty member or the institution possesses a legal copy of the work

IncludeAny copyright notice on the original

Appropriate citations and attributions to source

Rules of Thumb for Displaying and Performing Other’s Works in Distance

Learning

Limit access to students enrolled in the class and administrative staff as needed

Terminate access at end of termObtain permission for materials that will

be used repeatedly by the same instructor for the same class

Rules of Thumb for Displaying and Performing Other’s Works in DL (cont.)

Is the image you wish to digitize readily available online or for sale or license at a

fair price?

If YES: point to, purchase or license image

Rules of Thumb for Digitizing and Using Images for Educational Purposes

If NO: digitize and use the image in accordance with the following limitations:Limit access to all images to students enrolled

in the class and administrative staff as needed. Terminate access at the end of the term.Faculty members also may use images at peer

conferences.Students may download, transmit, and print

out images for personal study, academic course assignments and other requirements for degrees.

Rules of Thumb for Digitizing and Using Images for Educational Purposes

(cont.)

Students, faculty and staff may:incorporate others’ works into a multimedia work

display and perform a multimedia work in connection with or creation of

class assignments

curriculum materials

remote instruction

examinations

student portfolios

professional symposia

Rules of Thumb for Digitizing and Using Others’ Works in Multimedia

Materials for Educational Purposes

Be conservative. Use only small amounts of others’ work.

Don’t make unnecessary copies of the multimedia work.

Rules of Thumb for Digitizing and Using Others’ Works in Multimedia

Materials for Educational Purposes (cont.)

A professor has been told by students that it is difficult to obtain reserve materials because of the large number of students enrolled. As an alternative, she scans several journal articles onto the campus network and instructs the students on how to access them so they may complete the class assignments.

Scenario #1 Electronic Reserves

A professor teaches a graduate course in which he occasionally uses a piece of music, shows a picture, or plays a piece of a DVD. She has lawfully obtained all these materials and clearly may use them in face-to-face teaching under the Copyright Act. But the professor would like to reproduce these short items onto one CD in order to prevent their loss or deterioration, keep them organized, and show them in class by using a single piece of equipment.

Scenario #2 Multimodal Production/Faculty

Students in a Twentieth Century U.S. History course are asked to create an “electronic

term paper” using lawfully acquired resources from the institution’s library and media center.

While doing research, a student finds a book with just the information he needs and

photocopies the bibliography and several pages of images and text. He takes the photocopies to the student computer lab and scans the material

into his electronic term paper.

Scenario #3 Multimodal Production/Student

A professor is conducting research by finding materials on the Internet and locates a report that is directly relevant to his current study. The document was made available on the Internet with the copyright owner’s permission and the professor has lawful access to it. For research purposes only, the professor wants to download a copy of the document to his computer or print out a copy on the attached printer.

Scenario #4 Downloading or Printing a Document from the

Internet

A professor photographs and makes slides of a number of reproductions of artworks in a book on Italian painting and sculpture. She plans to show the slides to students enrolled in her course.

Scenario #5 Developing a Slide Collection

A university serves many students with various disabilities. Certain works need to be adapted to serve their needs, perhaps by creating large print copies of some materials or by creating a closed-captioned version of a commercial educational videotape. The copyright owner has not authorized anyone to make such versions available for purchase. In addition, some of these adapted materials might be electronically delivered to disabled students in their homes.

Scenario #6 Adapting Materials for Students with

Disabilities

Images from the Internet

Linking

Is it my stuff?

Why should I care?

Some common concerns…

Recording Industry of America

http://web.archive.org/web/20030210232234/www.riaa.com/Copyright-What.cfm

CITIZEN 3.0: copyright, creativity and contemporary culture

http://www.kinobserver.com/

Documentary Filmmakers’ Statement of Best Practices In Fair Use

http://www.centerforsocialmedia.org/fair-use/best-practices/documentary/documentary-filmmakers-statement-best-practices-fair-

use

Some sources…