Copyright Creator retains sole right to COPY, DISTRIBUTE, PERFORM, SELL, or TRANSFORM his or her original product
What is “fair use”? “Fair Use” argues that creators’ rights are not unlimited: that teachers and learners require access to materials for educational purposes.
Fair use is not a right; it’s a defense. It also only applies to users who have informed, good faith reasons to believe their use is fair. Ignorance will not protect you.
Four Fair Use Factors 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 will this use have on the market for the original work? + Fair Use- Ask Permission!
Nonprofit Education Personal Spontaneous Brief Criticism Commentary News reporting Parody Commercial Public Repetitive Long-term What is the character of the use? + -
Fact Published Mixture of fact and imagination Imaginative Unpublished What is the nature of the work to be used? + -
Small amount: For motion media -(e.g., video clips) up to 10% or 3 minutes, whichever is less. For text- up to 10% or 1000 words, whichever less. For poems -up to 250 words.Three poem limit per poetFive poem limit by different poets from an anthology. For music - up to 10% or 30 seconds, whichever is less. For photos and imagesUp to 5 works from one author.Up to 10% or 15 works, whichever is less, from a collection. Database information-- up to 10% or 2,500 fields or cell entries, whichever is less. More than a small amount How much of the work will you use? + -
Original is out of print or unavailable Copyright owner not identified Competes with sales Avoids royalty What effect will this use have on the market for the original? + - Public Domain (1922)
Sources “Crash Course” in Copyright http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm Fair Use of Copyrighted Materials http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web www.umuc.edu/library/copy.html Fair Use Harbor http://www.stfrancis.edu/cid/copyrightbay/