Copyright and Fair Use at the UW

Harry Hayward

UW Media Relations and Communications 2009

Copyright is

a set of rights

held exclusively by the owner

to:

Reproduce the work in copies

Make derivative works based on the original

Distribute copies or transfer ownership

Perform or display the work publicly

Transmit the work by digital audio transmission

US Copyright law also provides forFair Uses:

criticism, comment, news reporting,

Some teaching (including multiple copies for classroom use), Some scholarship, Some research

Where is Fair Use applied at the UW?

classrooms research multimedia production

What is Fair Use?

Four Factors The Nature of the copyrighted workThe purpose and character of your useThe amount and substantiality of the portion takenThe effect of the use on the potential market for the work

How do we know it is Fair Use?How do we know it is Fair Use?

No Clear answers…..

The distinction between fair use and infringement may be unclear and not easily defined.

There is no specific number of words, lines, or notes that may safely be taken without permission.

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Applying the four factors

What is the nature of the work?

Fact Based Mixture of Fact Imaginative

And And And

Published Imaginative Unpublished

What is the character of the use?

Non Profit TRANSFORMATIVE Commercial

Educational News reporting,

Personal Criticism,

Commentary,

Parody,

How much of the work will you use?

A small amount A substantial amount

No easy answer to how much is too much!

What effect will the use have on the market for the original? (especially if it is widespread)

Original is out of print, Competes with originalor not available or takes away sales from original

No ready market Avoids payment for permissionfor permission in established royalties market

Owner unidentifiable Possible future market?

And, what is the balance of the other three factors?

The Digital Millennium Copyright Act and Fair use- Section 1201 – circumvention of copyright protection systems

Though there is significant debate on the issue, recent judicial decisions have held that the fair use defenses under sec.107 of the Copyright Act do not apply to the DMCA. A significant policy debate continues as to whether this is in the public interest, but under present law, it is not wise to assume that one can violate the DMCA for a fair use purpose.  Consequently, at present, one cannot circumvent digital copy protections, as prohibited by the DMCA, in order to access a copyrighted work for a fair use purpose.

-- UW Copyright connection

UW Resources

Outside resource:

“Feel free to reproduce this work in its entirety. For excerpts and quotations, depend upon fair use.” -- Center for Social Media, 2009

Questions?

Images courtesy of:

UW Photography

UWTV

Clker.com, public domain clip art

Copyright and Fair Use statutes:

Title 17 - The US Copyright Acthttp://www.copyright.gov/title17/

Digital Millennium Copyright Act:

http://www.copyright.gov/legislation/dmca.pdf

Discussion of Fair Use:

http://www.copyright.gov/fls/fl102.html

Rules of thumb checklist for fair use:

http://www.utsystem.edu/OGC/Intellectual Property/copypol2.htm#test

Harry Hayward, Com 558, August 11, 2009