Copyright and Fair Use Guidelines:

Using Protected Materials to Enhance Instruction

What is copyright?A form of protection provided by U.S. title

17 and the 1976 Copyright Act

Rights of the owner:To reproduce the workTo prepare derivative worksTo distribute copiesTo perform the workTo display the work

www.copyright.gov/circs/circ1.html

CopyrightApplies to any “original work of authorship”

that is “fixed in any tangible medium of expression”

Exceptions: facts, slogans, titles, simple phrases, and U.S. government works

Automatic protectionCopyright Notice is no longer required

www.copyright.iupui.edu/quickguide.htm

Copyright-PublicationThe distribution of copies of a work to the

public by the sale or other transfer of ownership, or by rental, lease, or lending.

The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication.

A public performance of display of work does not of itself constitute publication.

Length of ProtectionA work created on or after January 1, 1978, is

automatically protected for the length of the author’s life plus 70 years.

For joint authors, the protection lasts 70 years after the last author’s death.

Works made for hire, anonymous, and pseudonymous works, protection lasts for 95 years after publication or 120 years from creation, whichever is shorter.

Works created prior to 1978 will be protected in the same manner, but no work’s protection would end before December 31, 2002.

CopyrightPersonal propertyMay be transferred or bequeathedSubject to state laws and regulations

governing ownershipTransfers made by contractThere is no international law to protect

copyright—subject to each nation’s laws.

Copyright ReviewTrue/False If it doesn’t have a copyright

notice, it’s not copyrighted.True/False If you don’t charge, it’s not a

violation.True/False If it’s on the Internet, it’s public

domain.True/False Creations based on another

work can be claimed as your own original.True/False Copyright violation isn’t a

crime.

Fair Use Fair use is a doctrine in United States

copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution.

Wikipedia

Four-factor Test

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

The nature of the copyrighted work; The amount and substantiality of the

portion used in relation to the copyrighted work as a whole; and

The effect of the use upon the potential market for or value of the copyrighted work.

Purpose and CharacterIs the new work merely a copy of the

original? Does the new work offer something above

and beyond the original? Does it transform the original work in some way?

Is the use of the copyrighted work for nonprofit or educational purposes?

Nature of the WorkIs the copyrighted work a published or

unpublished works? Is the copyrighted work out of print? Is the work factual or artistic?

The amount and substantiality of the portion usedThe more you use, the less likely it will be

considered fair use. Does the amount you use exceed a

reasonable expectation? Is the particular portion used likely to

adversely affect the author's economic gain?

Effect of Use on the Potential Market

The more the new work differs from the original, the less likely it will be considered an infringement.

Does the work appeal to the same audience as the original?

Does the new work contain anything original?

Fair Use Guidelines for Educational Multimedia

By students:Students may incorporate portions of lawfully

acquired copyrighted works when producing their own educational multimedia projects for a specific course.  

By Educators for Curriculum-Based Instruction:Educators may incorporate portions of lawfully

acquired copyrighted works when producing their own educational multimedia programs for their own teaching tools in support of curriculum-based instructional activities at educational institutions.  

University of Maryland University College Information and Library Services

Conference on Fair Use (CONFU)

General guidelines related to multimedia for fair use in educational settings

1994—group considered five major areas The large group identified five areas of educational use for

consideration by smaller working groups: Distance Learning Multimedia (where talks were already underway under the

auspices of CCUMC)Electronic Reserves Interlibrary Loan Image Collections

Consensus was not reached, but the work of these groups is a good starting point for those wishing to develop a policy on all five areas.

http://www.utsystem.edu/ogc/INTELLECTUALPROPERTY/confu2.htm

Multimedia for Educational UseFace-to-face teachingDirected self-study for studentsReal-time instruction via a secure networkPeer conferencesProfessional portfolios

PermissionRequired for commercial reproduction and

distribution outside of the classroomMore than 2 copiesNetwork use without password protections

or no student viewers

Limitations2 yearsOne copyrighted work3 minutes (or 10%) of motion media1,000 words (or 10%)30 seconds (or 10%) of a song5 images per artistAlterations must be part of the instructional

objective

CitationsCite sources on screenFirst slide must state that copyrighted

materials are being used under fair use and according to Multimedia Fair Use Guidelines