Fair use guidelines

The scope of this presentation is to explain
to faculty members what fair use
guidelines are and bust some serious fair
use myth’s

At the end of the presentation there will be a
self assessment to test your fair use
knowledge.

§ 107. Limitations on exclusive rights: Fair use
 Notwithstanding the provisions of sections 106 and
106A, the fair use of a copyrighted work, including
such use by reproduction in copies or
phonorecords or by any other means specified by
that section, for purposes such as
criticism, comment, news reporting, teaching
(including multiple copies for classroom
use), scholarship, or research, is not an
infringement of copyright. In determining whether
the use made of a work in any particular case is a
fair use the factors to be considered shall
include —

(1) the purpose and character of the use, including
whether such use is of a commercial nature or
is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion
used in relation to the copyrighted work as a
whole; and
(4) the effect of the use upon the potential market
for or value of the copyrighted work.
The fact that a work is unpublished shall not itself
bar a finding of fair use if such finding is made
upon consideration of all the above factors.

 Fairuse is the borrowing of copyrighted
work in limited amounts and terms for the
betterment of society or education; the
borrowing of the material cannot infringe
on the work as a whole or effect the
monetary value of the work for the owner
of the copyright.

 By the nature of the fair use guidelines, we are an
educational entity and should be able to use anything
we want, right?
Wrong – both faculty members and students must
adhere to the principles set forth in the fair use
guidelines. All course materials are subject to the
scrutiny of the fair use guidelines and other copyright
laws. If the amount and time limits for using the
material fit within the guidelines, and if the borrowing
won’t effect the ability of the materials to make
money, you are probably okay.
The best place to start is with your university policies
and guidelines.

 SinceI am behind a secure LMS, do I need to
worry about Copyright and fair use?
Yes, you should use the same standards that
would apply to your face-to-face class and
apply them for your online class. Plus, you
must also consider some specific rules that
are being used just for digital material in
distance education.
A great place to find more information is:
Copyright Information Circulars and
Factsheets
http://www.copyright.gov/circs/

 What kind of materials does fair use apply
to?

All materials, regardless of the format,
have laws governing the use of materials
by anyone other than the copyright holder.
Check to see what parameters apply to the
format you are using, as the time limits and
amount of material varies among formats.

 Does fair use include information posted
on a web site?

Yes, especially if you see it on a website.
Just because someone posts information
on a web site does not mean it has not
been liberated from another source.
Always do scholastic research before
using any borrowed materials.

 It
is too hard to get permission and takes too
much time.

With the advent of the Internet, we can easily
find the sources of our materials and obtain
the permissions in a reasonable amount of
time.

A great place to start is Purdue Copyright
Management Center:
http://copyright.iupui.edu/permhome.htm

 How much material can I use from a
source ?

Fair use is a legal principle, and there is a
fine line between fair use and infringement.
There are factors other than the amount of
information to consider when we use
another's work.
Start by using a fair use checklist like this
one:
http://www.copyright.com/Services/copyrig
htoncampus/basics/fairuse_list.html

 If I purchase a copy of a movie, can I show
it to my class?

Yes, in your face-to-face class you can
view a video you own for the purpose of
criticism or other educational purposes.
You cannot copy a film and post it to your
university web site or LMS for students to
view. You can borrow certain amounts of a
filmed work for your class, but it must pass
the fair use guidelines first.

 Are there Copyright Police?

Yes and no. Everyone is a potential
copyright cop. There are plenty of people
who are watching out for copyright and fair
use infractions and would be more than
happy to have the matter brought up
before the real keepers of the copyright
law–the courts.
And not only can copyright owners take
you to court; they can also sue the
university you are affiliated with.

Iwant to borrow 30 seconds from Gone
with the Wind which I own; can I use it in
my class to critique the film style?

Yes
No

Iam unsure if the if the material I am using
for my course is ok; should I check with the
university first?

Yes
No

 The students in my film class want to do a
30 minute parody of the movie Titanic. Is
this considered fair use?

Yes
No

 Is
there a word limit to consider when I am
applying fair use?

Yes
No

 IfI use a question that my professor wrote
about ―Heidi from Haiti‖ in his course in
Blackboard can I use it for my course?

Yes
No

 Stanford Fair Use and Multi media web sites
http://fairuse.stanford.edu/web_resources/multimedia_web_sites.htm
l
 Copyright Information Circulars and Factsheets
http://www.copyright.gov/circs/
 Intellectual Property Law Blawgs
http://blawgsearch.justia.com/category.aspx?catid=1871
 Creative Commons
http://creativecommons.org/
 American Association of Publishers - obtaining copyright for text
http://www.publishers.org/main/Copyright/copyPermission_01.htm?id
=20
 Purdue Copyright Management Center – obtaining copyright for all
media

 Fishman, S. (2006). The copyright
handbook: What every writer needs to
know. Berkeley: Nolo.
 Copyright and Fair Use
Stanford Universities Libraries
http://fairuse.stanford.edu/index.html
 Purdue Copyright Management Center

Fair use guidelines

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