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Copyright & Fair Use Stephanie Viola Nainsí Houston Stephanie Viola Nainsí Houston.

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Presentation on theme: "Copyright & Fair Use Stephanie Viola Nainsí Houston Stephanie Viola Nainsí Houston."— Presentation transcript:

1 Copyright & Fair Use Stephanie Viola Nainsí Houston Stephanie Viola Nainsí Houston

2 Word of Caution  We are not lawyers

3 Definition  “copyright is a statutory privilege extended to creators of works that are fixed in a tangible medium of expression” (Bruwelheide, 1995, as cited by Butler, 2004, p. 4).

4 What is copyrighted?  Any original creation that can be “fixed” including:  Literary Works  Musical works  Dramatic works  Pantomimes & choreographed works  Pictorial, graphic, & sculptural works, including maps  Motion pictures & other audiovisual works  Sound recordings  Architectural works  Translations and other derivative works  Any original creation that can be “fixed” including:  Literary Works  Musical works  Dramatic works  Pantomimes & choreographed works  Pictorial, graphic, & sculptural works, including maps  Motion pictures & other audiovisual works  Sound recordings  Architectural works  Translations and other derivative works

5 How is it copyrighted?  Register it with the Copyright Office (http://www.copyright.gov/reg ister/)http://www.copyright.gov/reg ister/  Registration isn’t required, though, works are protected either way  Adding a © is an indicator to others, but it is not required  Register it with the Copyright Office (http://www.copyright.gov/reg ister/)http://www.copyright.gov/reg ister/  Registration isn’t required, though, works are protected either way  Adding a © is an indicator to others, but it is not required

6 What isn’t copyrighted  What’s not “fixed”  Titles, short phrases, names, common symbols, designs, slight changes in fonts, lists of ingredients  Ideas, procedures, methods, discoveries  Plain calendars, common facts, charts of measure  U.S. Government publications  What’s not “fixed”  Titles, short phrases, names, common symbols, designs, slight changes in fonts, lists of ingredients  Ideas, procedures, methods, discoveries  Plain calendars, common facts, charts of measure  U.S. Government publications

7 Title 17 of US Copyright Code  e17/ e17/  e17/ e17/

8 Copyright Term Extension Act (CTEA) of 1998  Also called the Sonny Bono Act  Extended copyright protection for an additional 20 years  Life of the author plus 70 years  120 years after creation or 95 years after publication, whichever is earlier, for corporate authorship  Also called the Sonny Bono Act  Extended copyright protection for an additional 20 years  Life of the author plus 70 years  120 years after creation or 95 years after publication, whichever is earlier, for corporate authorship

9 Public Domain  If item is in public domain, copyright no longer applies  Published prior to 1923  Works published between 1923 & 1978 which are missing a copyright notice and/or renewal  If item is in public domain, copyright no longer applies  Published prior to 1923  Works published between 1923 & 1978 which are missing a copyright notice and/or renewal

10 Fair Use  “Fair use provisions of the copyright law grant particular types of users conditional rights to use or reproduce certain copyrighted materials as long as the reproduction or use of those materials meets defined guidelines” (Simpson, 2001, p. 13).

11 Fair Use Factors  Purpose & character of use:  non-profit educational  Commercial  Purpose & character of use:  non-profit educational  Commercial

12 Fair Use Factors  Nature of the copyrighted work  Fiction  Published  Non-fiction  Unpublished  Nature of the copyrighted work  Fiction  Published  Non-fiction  Unpublished

13 Fair Use Factors  Amount Used and substantiality of the portion used  Small portion  General section  Large portion  Heart of the work  Amount Used and substantiality of the portion used  Small portion  General section  Large portion  Heart of the work

14 Fair Use Factors  Effect of use on the market  Use does not replace sale of the work  Use affects the profitability of the work  Effect of use on the market  Use does not replace sale of the work  Use affects the profitability of the work

15 Portion Limit Guidelines for Fair Use  Educational Multimedia:  Video: 10% or 3 minutes  Text: 10% or 1,000 words  Poems less than 250 words: 3  Poems over 250 words:  Up to 250 words  3 excerpts by one poet  5 excerpts by different poets in same collection  Educational Multimedia:  Video: 10% or 3 minutes  Text: 10% or 1,000 words  Poems less than 250 words: 3  Poems over 250 words:  Up to 250 words  3 excerpts by one poet  5 excerpts by different poets in same collection

16 Portion Limit Guidelines for Fair Use (cont.)  Educational Multimedia:  Music, lyrics, music video: up to 10% or 30 seconds  Numerical data sets: 10% or 2,500 fields or cells  Illustrations/photographs:  5 by same artist/photographer  10% or 15 images from one published work (from Butler (2004), p. 18)  Educational Multimedia:  Music, lyrics, music video: up to 10% or 30 seconds  Numerical data sets: 10% or 2,500 fields or cells  Illustrations/photographs:  5 by same artist/photographer  10% or 15 images from one published work (from Butler (2004), p. 18)

17 CONFU  CONFU: The Conference on Fair Use  1997  CONFU Website CONFU Website  GUIDELINES not law  CONFU: The Conference on Fair Use  1997  CONFU Website CONFU Website  GUIDELINES not law

18 Section 110  Copyrighted works may be performed or displayed in a face-to-face instructional setting as long as the work was legally made  Public performance rights are required when showing films which are not accompanied by instruction  Copyrighted works may be performed or displayed in a face-to-face instructional setting as long as the work was legally made  Public performance rights are required when showing films which are not accompanied by instruction

19 CTEA/Section 108(h)  Libraries, archives, and non- profit educational institutions can reproduce, distribute, display or perform works in their last 20 years of copyright protection subject to the following conditions:

20 Section 108(h) conditions  The work is used for preservation, scholarship, or research  The work is no longer being sold  A copy cannot be obtained at a reasonable price  The copyright owner has not provided a notice otherwise limiting the work’s use  The work is used for preservation, scholarship, or research  The work is no longer being sold  A copy cannot be obtained at a reasonable price  The copyright owner has not provided a notice otherwise limiting the work’s use

21 Digital Millennium Copyright Act of 1998  Signed into law in 2000  Long and confusing  Examined every 3 years by the Librarian of Congress to consider the implications of the act for librarians and educational purposes  Signed into law in 2000  Long and confusing  Examined every 3 years by the Librarian of Congress to consider the implications of the act for librarians and educational purposes

22 “Highlight” of DMCA  The use of technology to circumvent technology in place to limit use or to prevent copying  Court cases  The use of technology to circumvent technology in place to limit use or to prevent copying  Court cases

23 TEACH Act of 2002  Technology, Education and Copyright Harmonization Act  Allows copyrighted materials to be disseminated to distance education students of accredited, non-profit institutions without requiring permission or payment  Technology, Education and Copyright Harmonization Act  Allows copyrighted materials to be disseminated to distance education students of accredited, non-profit institutions without requiring permission or payment

24 Permissions  Copyright Clearinghouse Copyright Clearinghouse  Copyright Advisory Office Copyright Advisory Office  Copyright Renewals Copyright Renewals  Creative Commons Creative Commons  Copyright Clearinghouse Copyright Clearinghouse  Copyright Advisory Office Copyright Advisory Office  Copyright Renewals Copyright Renewals  Creative Commons Creative Commons

25 Need help?  Media Specialists, Academic Librarians, Copyright Lawyers   Copyright for Teachers and Librarians (2004) by Rebecca Butler  Copyright essentials for librarians and educators (2006) by Kenneth D. Crews  Media Specialists, Academic Librarians, Copyright Lawyers   Copyright for Teachers and Librarians (2004) by Rebecca Butler  Copyright essentials for librarians and educators (2006) by Kenneth D. Crews

26 References  Butler, R. P. (2004). Copyright for teachers and librarians. New York: Neal-Schuman Publishers.  Crews, K. D. (2006). Copyright essentials for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association.  Simpson, C. (2001). Copyright for schools: A practical guide. Worthington, OH: Linworth Books.  Butler, R. P. (2004). Copyright for teachers and librarians. New York: Neal-Schuman Publishers.  Crews, K. D. (2006). Copyright essentials for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association.  Simpson, C. (2001). Copyright for schools: A practical guide. Worthington, OH: Linworth Books.


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