LEGAL WARNING FOR PRIVATE HOME USE ONLY ALL

LEGAL WARNING FOR PRIVATE HOME USE ONLY ALL OTHER RIGHTS RESERVED ANY UNAUTHORIZED COPYING OF, EDITING, EXHIBITING, RENTING, EXCHANGING, PUBLIC PERFORMANCE, RADIO OR TELEVISION BROADCASTING OF THIS VIDEO PROGRAM OR ANY PART THEROF, IS STRICTLY PROHIBITED. CRIMINAL COPYRIGHT INFRINGEMENT IS INVESTIGATED BY THE FBI AND MAY CONSTITUTE A FELONY WITH A MAXIMUM PENALTY OF UP TO FIVE YEARS IN PRISON AND/OR A $250, 000 FINE.

© 2012 Susan H. Delagrange

Susan H. Delagrange

COPYRIGHT(S) So… just what are these copyrights I’ve been hearing about?

COPY RIGHTS • the reproductive right • the adaptive right • the distributive right • the performance right • the display right • the attribution right • the integrity right

DO I NEED PERMISSION? Is the work protected? If the work is protected, do you wish to exercise one of the owner’s exclusive rights? Is your use exempt or excused from liability for infringement?

LIMITATIONS ON EXCLUSIVE RIGHTS: FAIR USE THE FOUR-FACTOR FAIR USE TEST

FOUR-FACTOR FAIR USE ANALYSIS What is the character of the use?

FOUR-FACTOR: CHARACTER OF USE Non-profit Educational Personal Criticism Commentary News reporting Parody Otherwise “transformative” use Commercial

FOUR-FACTOR FAIR USE ANALYSIS What is the character of the use? What is the nature of the work to be used?

FOUR-FACTOR: NATURE OF WORK Factual Published A mixture of factual and imaginative Imaginative Not published

FOUR-FACTOR FAIR USE ANALYSIS 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?

FOUR-FACTOR: HOW MUCH? Small amount More than a small amount

FOUR-FACTOR FAIR USE ANALYSIS 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 would this use have on the market for the original or for permissions if the use were widespread?

FOUR-FACTOR: EFFECT ON MARKET After evaluation of first three factors, the proposed use is tipping toward fair use Original is out of print or otherwise unavailable No ready market for permission Copyright owner is unidentifiable Competes with (takes away from) the original Avoids payment for permission (royalties) in an established permissions market

FOUR-FACTOR FAIR USE ANALYSIS: EXEMPTION OF CERTAIN PERFORMANCES AND DISPLAYS performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a non-profit educational institution, in a classroom or similar place devoted to instruction performance of a non-dramatic literary or musical work or display of a work, by or in the course of transmission

RULES OF THUMB FOR DISPLAYING AND PERFORMING OTHER’S WORKS IN DISTANCE LEARNING Incorporate performances of others’ works sparingly only if a faculty member or the institution possesses a legal copy of the work Include Any copyright notice on the original Appropriate citations and attributions to source

RULES OF THUMB FOR DISPLAYING AND PERFORMING OTHER’S WORKS IN DL (CONT. ) Limit access to students enrolled in the class and administrative staff as needed Terminate access at end of term Obtain permission for materials that will be used repeatedly by the same instructor for the same class

RULES OF THUMB FOR DIGITIZING AND USING IMAGES FOR EDUCATIONAL PURPOSES Is the image you wish to digitize readily available online or for sale or license at a fair price? If YES: point to, purchase or license image

RULES OF THUMB FOR DIGITIZING AND USING IMAGES FOR EDUCATIONAL PURPOSES (CONT. ) If NO: digitize and use the image in accordance with the following limitations: Limit access to all images to students enrolled in the class and administrative staff as needed. Terminate access at the end of the term. Faculty members also may use images at peer conferences. Students may download, transmit, and print out images for personal study, academic course assignments and other requirements for degrees.

RULES OF THUMB FOR DIGITIZING AND USING OTHERS’ WORKS IN MULTIMEDIA MATERIALS FOR EDUCATIONAL PURPOSES Students, faculty and staff may: incorporate others’ works into a multimedia work display and perform a multimedia work in connection with or creation of class assignments curriculum materials remote instruction examinations student portfolios professional symposia

RULES OF THUMB FOR DIGITIZING AND USING OTHERS’ WORKS IN MULTIMEDIA MATERIALS FOR EDUCATIONAL PURPOSES (CONT. ) Be conservative. Use only small amounts of others’ work. Don’t make unnecessary copies of the multimedia work.

SCENARIO #1 ELECTRONIC RESERVES A professor has been told by students that it is difficult to obtain reserve materials because of the large number of students enrolled. As an alternative, she scans several journal articles onto the campus network and instructs the students on how to access them so they may complete the class assignments.

SCENARIO #2 MULTIMODAL PRODUCTION/FACULTY A professor teaches a graduate course in which he occasionally uses a piece of music, shows a picture, or plays a piece of a DVD. She has lawfully obtained all these materials and clearly may use them in face-to -face teaching under the Copyright Act. But the professor would like to reproduce these short items onto one CD in order to prevent their loss or deterioration, keep them organized, and show them in class by using a single piece of equipment.

SCENARIO #3 MULTIMODAL PRODUCTION/STUDENT Students in a Twentieth Century U. S. History course are asked to create an “electronic term paper” using lawfully acquired resources from the institution’s library and media center. While doing research, a student finds a book with just the information he needs and photocopies the bibliography and several pages of images and text. He takes the photocopies to the student computer lab and scans the material into his electronic term paper.

SCENARIO #4 DOWNLOADING OR PRINTING A DOCUMENT FROM THE INTERNET A professor is conducting research by finding materials on the Internet and locates a report that is directly relevant to his current study. The document was made available on the Internet with the copyright owner’s permission and the professor has lawful access to it. For research purposes only, the professor wants to download a copy of the document to his computer or print out a copy on the attached printer.

SCENARIO #5 DEVELOPING A SLIDE COLLECTION A professor photographs and makes slides of a number of reproductions of artworks in a book on Italian painting and sculpture. She plans to show the slides to students enrolled in her course.

SCENARIO #6 ADAPTING MATERIALS FOR STUDENTS WITH DISABILITIES A university serves many students with various disabilities. Certain works need to be adapted to serve their needs, perhaps by creating large print copies of some materials or by creating a closedcaptioned version of a commercial educational videotape. The copyright owner has not authorized anyone to make such versions available for purchase. In addition, some of these adapted materials might be electronically delivered to disabled students in their homes.

SOME COMMON CONCERNS… Images from the Internet Linking Is it my stuff? Why should I care?

SOME SOURCES… Recording Industry of America http: //web. archive. org/web/20030210232234/www. riaa. com/Copyright. What. cfm CITIZEN 3. 0: copyright, creativity and contemporary culture http: //www. kinobserver. com/ Documentary Filmmakers’ Statement of Best Practices In Fair Use http: //www. centerforsocialmedia. org/fair-use/bestpractices/documentary-filmmakers-statement-best-practices-fairuse