Copyright, Fair Use & Online Courses Tamara Eyster
Copyright, Fair Use & Online Courses © What is Copyright? © What is Fair Use? © What is Public Domain? © Avoid Infringement
What is Copyright? © The owner of the copyright can: © Reproduce the work © Create derivations of the work © Distribute the work © Publicly perform or display the work © Notification © Length of protection (Waxer & Baum, 2006, p. 27)
Why is there Copyright? © Protect the Owner’s rights © Protect the expression from misuse © Royalties
What Works are Protected? © Original © Author’s Expression © Fixed in tangible form (Wilson, 2005, p. 6)
What works are not Protected? © General ideas or themes © Lists © Titles © Bare Facts © Devices used for measurements and computations (Wilson, 2005, pp. 9 – 10)
What is Fair Use? © Purpose of Use © Copyrighted work’s nature © Amount of Substance © Market Effects (Stanford Copyright, 2010; Waxer & Baum, 2006, pp. 53 – 54; Wilson, 2005, p. 68 )
Purpose of Use Possibly Fair Use © Non-profit education © Restricted use © Research/Scholarship © Comment, Criticism, News or Review © Transformative or Parody © Credit given Probably not Fair Use © Commercial © Advertising © Profit (Wilson, 2005, p. 178)
Copyrighted work’s nature Possibly Fair Use © Factual © Published Probably not Fair Use ©Creative ©Unpublished (Wilson, 2005, p. 178)
Amount of Substance Possibly Fair Use © Less than 10% © Parts of the main idea Probably not Fair Use ©15% or more ©All of the main idea (Wilson, 2005, p. 178)
Market Effects © Will the use lower or replace the sales of the copyrighted item? © Will the work be used long term in the course or in multiple courses? © Do you own the work? (Wilson, 2005, p. 178)
What is Public Domain? Materials where Copyright expired Materials written by a government agency (cautions) Materials in which the author has relinquished his rights
Avoid Infringement Use your own materials Use Public Domain materials When in doubt ask!
Recommendations Regularly review current laws Check into new changes Keep a Fair Use checklist handy
Resources © (lots of information) © Reproduction of Copyrighted Works by Educators and Librarians © © Fair Use Checklist © air-use/fair-use-checklist/ ©
References U.S. Copyright Office. (1999). Report On Copyright And Digital Distance Education. Washington, DC: Marybeth Peters. Retrieved from Stanford Copyright & Fair Use - Measuring Fair Use: The Four Factors. (2010). Retrieved from chapter9/9-b.html Waxer, B. M., Baum, M. L., Course Technology, I., & Thomson Learning (Firm). (2006). Internet surf and turf--revealed: the essential guide to copyright, fair use, and finding media. Boston, Mass.: Thomson Course Technology. Wilson, L. (2005). Fair use, free use, and use by permission: how to handle copyrights in all media. New York: Allworth Press.
Contact Me! Tamara Eyster eyster/22/222/941 Math.RamsHillFarm.com