Fair Use Act Jerry Hindberg Associate Director Network & Client Support Services Lewis-Clark State College September 24, 2014

Copyright Alert System 

Higher Education  Use of copyrighted material must be protected  Mission of higher education is to advance knowledge

Fair Use Act  Enacted October 28, 1998  Section 107 of the Copyright Act of Limitations on exclusive rights: Fair Use

Four Factors from Fair Use Statute  Purpose  Nature  Amount  Effect

Purpose  Commercial or Non-Profit Educational Purpose  Transformative  Multiple copies for educational classroom use

Nature  Characteristics being used?  Nonfiction v fiction?  Commercial Work?  Educational Work?

Amount  Quantitative and Qualitatively Measured  Exact measure of quantity does not exist  Journal Article ?  Amount and substantiality of portion used in relation to the work as a whole

Effect  Effect on potential market or value of the work  Is purpose for research and scholarship  If purpose is commercial, effect is presumed  Does work compete with existing work?  Opposing view  Some courts believe this to be the most important factor

Case – Electronic Reserves  Rhonda Combs has scanned several articles and posts them to BlackBoard. She instructs the students on how to access them so they can complete their assignments.

Purpose  Educational  Access Restrictions  Monetary?  Network Access?

Nature  Current article?  Commercial or Educational?  Fiction or nonfiction  Field of Study

Amount  Entire original document?  Transformed document?

Effect  Research or scholarship?  Market Effect  Potential Market?  Commercial v Educational

What is Copyright Material  books, articles, photographs, paintings, sculpture, software, websites, architecture, ballets, music, sound recordings, and even doodles, scribbles, and graffiti.

Doesn’t the "Fair Use doctrine" give me the right to download and upload copies of music I’ve purchased?  No, it doesn’t. In certain instances, the use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship or research might not constitute infringement, depending on (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work has a whole, and (4) the effect of the use on the potential market for or value of the copyrighted work. However, courts have rejected the notion that uploading and downloading copyrighted sound recordings without permission constitutes "fair use."

Copyright Ruling Aids Education  New interpretations of the Digital Millennium Copyright Act are being issued  Students and Faculty can legally ‘rip’ portions of DVDs for use in media-studies classes according to federal officials  Reason  Scholarly work for presentations in a large classroom setting requires high quality  K-12 does not fall under this ruling, it is only for higher education  eCampus News.com September 2010

Music Fan Owes $675,000  2009 – Boston jury downgraded a ruling against Joel Tenenbaum for illegally downloading music files. Original ruling, $675,000 reduced to $67,500 deeming it excessive  On Sept 16, 2011 – appeals court reinstates original judgment  June 25, 2013 – court affirms judgment

Conclusion  People always differ on applicability  Four factors need not lean in one direction  A balance of the four factors is the most reliable and defensible decision method

US Copyright   Full Text of the Digital Millennium Copyright Act Statement.html

COPYRIGHT, PIRACY & DIGITAL RIGHTS MANAGEMENT  --Taiwanese Piracy Gang Gets Jail Time (February 4, 2008) Members of a software piracy group in Taiwan have been sentenced to prison. Maximus Technology is believed to be responsible for selling counterfeit software worth approximately US $900 million. Maximus owner Huang Jer-Sheng received a four-year prison sentence; three co-defendants received sentences ranging from 18 months to three years.  Counterfeit copies of more than 20 different Microsoft software products in seven languages were produced and sold.  osoft_counterfeiters_do_taiwan_jailtime/print.html osoft_counterfeiters_do_taiwan_jailtime/print.html

Questions