Transcript Educational Fair Use in Copyright

Educational Fair Use in
E-Materials Copyright
The Second International Conference on e-learning
and distance education
Dr. Huda AL-chafes
Dr Inas AL-khaldi
Specialist in IP
Qassim University
College of Sharia and Islamic Studies
Feb 21-23 , 2011
Agenda
Copyright
 Electronic Copyright
 Fair Use


Copyright and Fair Use: The Best
Practices Model

Educational Fair Use Guidelines
What is copyright?
 Type
of Intellectual Property which
protects creative effort
 Protects the expression of an idea – not
the idea itself – in a tangible form
 Low threshold for creative input ie
phonebooks, compilations of data attract
protection
Copyright Legislation
Berne Convention:1886 (literary & artistic works)
 Rome Convention:1961 (music, records etc)
Rules on what can be protected, rights
protected, exceptions and term of ©
 New Technology meant both updated in 1996

How do you Get Copyright
Protection?
 Automatic
– no need for formal
registration. Exists when material created
 © symbol alerts users but not required
What Material Is Covered?
Two Broad Categories:
Works:
 literary, dramatic, musical and artistic
works, includes maps, plans,
computer programs
Subject Matter Other Than Works:
 Films, sound recordings, broadcasts,
published editions of works,
performances
Complexity of Copyright
Copyright can be layered
 Music CD
– Protected as a “sound recording”, but also has
musical scores, lyrics and performances
 CD ROM
– could include, text, software, photographs,
drawings and graphics, music, scripts, sound
recordings, animation, film, video and
performances
What Rights Does Copyright
Protect?
Bundle of exclusive economic rights including:
Reproduction and communication
Publication
Performance in public
Adaptation
Commercial rental
Moral Rights (non-economic rights)
Using Someone Else’s Copyright
Material
You may be able to copy if:
Work is out of copyright or in public
domain
Within Copyright Act Free Exceptions
Under Statutory Licenses
Permission or licence from the owner
Electronic copyright
Everything
in machine readable form is in
copyright
Includes digitised images, e mail, Web
sites, e-journals, databases, pre-print
archives, etc.
Just because it is available and free of
charge does not mean it’s not in copyright.
There is not necessarily an implied licence
to copy
Impact of Technology
Copyright
has always been a tension
between owners and users
Up until recently, that tension was
controlled by limitations in technology, but
no more
What is Happening Today?
P2P
file sharing
Transfer of materials from one medium to
another
Wide-scale infringement of images, text
Wide-scale piracy of music, software, films
E-Content Protection:
The Triple Lock
1. Copyright/
Database Right
3. Technological
Protection Systems
E-Content
2. Contracts and Licensing
Copyright and Fair Use:
The Best Practices Model
Why Teachers Have More
Freedom to Work than They
Think ?
Two words:
Fair
Use
What is Fair Use?

Fair use is a copyright principle based on
the belief that the public is entitled to
freely use portions of copyrighted
materials for purposes of commentary and
criticism.
Fair Use is the escape hatch from
private censorship in copyright
Fair Use - Limitations
Three major limitations:
 Quantity
 Duration
 Purpose
QUANTITY
–
–
–
Unless a substantial part of a work has been
copied, no infringement of copyright can be
claimed.
Substantial relates to both quantity and
quality
Amount which may be copied without
permission is also linked to purpose
Purpose
Allows individual users to copy for:
 Non-commercial research or private study
 Criticism or review
 Reporting current events
Duration
Copyright
normally expires on 31 December 70 years after death of
author
Exceptions








Official publications
Unpublished works
Anonymous works
Sound recordings
Films
Photographs
Maps
Others
Fair Use Guidelines for Educators
and Students
Our copyright laws acknowledge the unique
roles of educators and students.
“Fair Use” guidelines have been
established.
1. Educational Fair Use
Guidelines

Publishers and the academic community have
established a set of educational fair use
guidelines to provide "greater certainty and
protection " for teachers. While the guidelines
are not part of the Copyright Laws, they are
recognized by judges as minimum standards for
fair use in education. A teacher or pupil
following the guidelines can feel comfortable
that a use falling within these guidelines is a
permissible fair use and not an infringement
2. Rules for Reproducing Text
Materials for Use in Class
The guidelines permit a teacher to make
one copy of any of the following: a
chapter from a book; an article from a
periodical or newspaper; a short story,
short essay or short poem; a chart, graph,
diagram, drawing, cartoon or picture from
a book, periodical or newspaper.
Rules for Reproducing Text
Materials for Use in Class
Teachers may photocopy articles to hand
out in class, but the guidelines impose
restrictions. Classroom copying cannot be
used to replace texts or workbooks used
in the classroom. Pupils cannot be charged
more than the actual cost of
photocopying. The number of copies
cannot exceed more than one copy per
pupil. And a notice of copyright must be
affixed to each copy.
Rules for Reproducing Text
Materials for Use in Class
Examples of what can be copied and distributed
in class include:
 a complete poem if less than 250 words or an
excerpt of not more than 250 words from a
longer poem
 a complete article, story or essay if less than
2,500 words, or an excerpt from any prose work
of not more than 1,000 words or 10% of the
work, whichever is less; or
 one chart, graph, diagram, drawing, cartoon or
picture per book or per periodical issue.

Rules for Reproducing Text
Materials for Use in Class

Not more than one short poem, article,
story, essay or two excerpts may be
copied from the same author, nor more
than three from the same collective work
or periodical volume (for example, a
magazine or newspaper) during one class
term. As a general rule, a teacher has
more freedom to copy from newspapers
or other periodicals if the copying is
related to current events.
Rules for Reproducing Text
Materials for Use in Class

The idea to make the copies must come from
the teacher, not from school administrators or
other higher authority. Only nine instances of
such copying for one course during one school
term are permitted. In addition, the idea to
make copies and their actual classroom use
must be so close together in time that it would
be unreasonable to expect a timely reply to a
permission request. For example, the instructor
finds a newsweekly article on capital punishment
two days before presenting a lecture on the
subject.
Rules for Reproducing Text
Materials for Use in Class

Teachers may not photocopy workbooks, texts,
standardized tests or other materials that were
created for educational use. The guidelines were
not intended to allow teachers to usurp the
profits of educational publishers. In other words,
educational publishers do not consider it a fair
use if the copying provides replacements or
substitutes for the purchase of books, reprints,
periodicals, tests, workbooks, anthologies,
compilations or collective works.
3. Rules for Recording and
Showing Television Programs

Nonprofit educational institutions can record television programs
transmitted by network television and cable stations. The institution
can keep the tape for 45 days, but can only use it for instructional
purposes during the first ten of the 45 days. After the first ten days,
the video recording can only be used for teacher evaluation
purposes, to determine whether or not to include the broadcast
program in the teaching curriculum. If the teacher wants to keep it
within the curriculum, permission must be obtained from the
copyright owner. The recording may be played once by each
individual teacher in the course of related teaching activities in
classrooms and similar places devoted to instruction (including
formalized home instruction). The recorded program can be
repeated once if necessary. After 45 days, the recording must be
erased or destroyed.
Rules for Recording and
Showing Television Programs

A video recording of a broadcast can be made only at
the request of, and used by, individual teachers. A
television show may not be regularly recorded in
anticipation of requests --for example, there can't be a
standing request to record each episode of a PBS series.
Only enough copies may be reproduced from each
recording to meet the needs of teachers, and the
recordings may not be combined to create teaching
compilations. All copies of a recording must include the
copyright notice on the broadcast program as recorded,
and as mentioned above, must be erased or destroyed
45 days after having been recorded.
The bottom line:

If you are copying material that is
available for sale without compensating
the creator of that work, you are taking
money from that person.
4-Fair Use guidelines for electronic
reserve systems (i.e. your website)
The following guidelines identify an
understanding of fair use for the
reproduction, distribution, display, and
performance of materials in the context of
creating and using an electronic reserve
system:
The guidelines address only those materials
protected by copyright
Scope of Material
Electronic reserve systems may include short
items (such as an article from a journal, a
chapter from a book or conference proceedings,
or a poem from a collected work) or excerpts
from longer items.
 Electronic reserve systems should not include
any material unless the instructor, the library, or
another unit of the educational institution
possesses a lawfully obtained copy.

B. NOTICES AND ATTRIBUTIONS

If a notice of copyright appears on the
copy of a work that is included in an
electronic reserve system, a similar notice
should appear on the electronic copy.
C. ACCESS AND USE
Electronic reserve systems should be structured
to limit access to students registered in the
course for which the items have been placed on
reserve, and to instructors and staff responsible
for the course or the electronic system
 The appropriate methods for limiting access will
depend on available technology and may include
individual or class password controls, or limiting
access to workstations that are ordinarily used
by only enrolled students or appropriate staff or
faculty.

D. STORAGE AND REUSE



Permission from the copyright holder is required if the item is to be
reused in a subsequent academic term for the same course offered
by the same instructor, or if the item is a standard assigned or
optional reading for an individual course taught in multiple sections
by many instructors
Material may be retained in electronic form while permission is
being sought or until the next academic term in which the material
might be used, but in no event for more than three calendar years,
including the year in which the materials are last used.
Short-term access to materials included on electronic reserve
systems in previous academic terms may be provided to students
who have not completed the course.
Videotapes

The Copyright laws clearly protects audiovisual
works such as films and videotapes. The rights
of copyright include the rights of reproduction,
adaptation, distribution, public performance and
display. All of these rights are subject, however,
to "fair use," depending on the purpose of the
use, the nature of the work, the amount of the
work used and the effect the use has on the
market for the copyrighted work.
Use of Video in classroom

In-classroom performance of a copyrighted videotape is
permissible under the following conditions: 1. The
performance must be by instructors (including guest
lecturers) or by pupils; and 2. the performance is in
connection with face-to-face teaching activities; and 3.
the entire audience is involved in the teaching activity;
and 4. the entire audience is in the same room or same
general area; 5. the teaching activities are conducted by
a non-profit education institution; and 6. the
performance takes place in a classroom or similar place
devoted to instruction, such as a school library, gym,
auditorium or workshop; 7. the videotape is lawfully
made; the person responsible had no reason to believe
that the videotape was unlawfully made.
Duplication of Videotapes



Libraries can not make copies of videos or DVDs to
create non circulating archival copies except under
limited circumstances. One can make copies of DVDs if
fair use applies , a replacement or preservation
exemption applie, or a teaching exemption applies .
The Technology, Education and Copyright , an
amendment to the copyright law only allows teachers to
make backup copies for teaching purposes.
If the digital format is the only one available (no video)
and it is protected by copy controls, it is illegal to get
around those (even if you have the right by fair use
rules), so you cannot copy it.
COMPUTER SOFTWARE
Purchase Conditions Generally ------------------------------Most computer software purports to be licensed rather
than sold. Frequently the package contains legends
similar to the following:
“Read this agreement carefully. Use of this product
constitutes your acceptance of the terms and conditions
of this agreement.”
Following such legends are the terms and conditions of the
license agreement.
Many explicitly prohibit rental or lending; some limit the
program to use on one identified computer or to one
user's personal use.

Software - Archival Copies

Libraries may lawfully make one archival copy of a
copyrighted program under the following conditions: a)
one copy is made; b) the archival copy is stored; c) if
possession of the original ceases to be lawful, the
archival copy must be destroyed or transferred along
with the original program; d) copyright notice should
appear on the copy. 2. The original may be kept for
archival purposes and the "archival copy" circulated.
Only one copy -- either the original or the archival -may be used or circulated at any given time. 3. If the
circulating copy is destroyed, another "archival" copy
may be made. 4. If the circulating copy is stolen, the
copyright owner should be consulted before circulating
or using the "archival" copy.
In-library and In-classroom Use of
Software

1. License restrictions, if any, should be observed. 2. If
only one program is owned under license, ordinarily it
may only be used on one machine at a time. 3. Most
licenses do not permit a single program to be loaded into
a computer which can be accessed by several different
terminals or into several computers for simultaneous
use. 4. If the machine is capable of being used by a
patron to make a copy of a program, a warning should
be posted on the machine, such as: MANY COMPUTER
PROGRAMS ARE PROTECTED BY COPYRIGHT. 17 U.S.C.
\S\ 101. UNAUTHORIZED COPYING MAY BE
PROHIBITED BY LAW.
5-Guidelines for Students or
Instructors Preparing Multimedia
Works
In general, students and instructors may create
multimedia works for face-to-face instruction,
directed self-study or for remote instruction
provided that the multimedia works are used
only for educational purposes in systematic
learning activities at nonprofit educational
institutions. Instructors may use their
multimedia works for teaching courses for up to
two years after the first use.
 Images, text, and other copyrighted material is
being used.

Remember, the Fair Use
Guidelines…
 are
just guidelines, not law
 are somewhat flexible, but be
careful!
 a set of safe rules for
reproducing the work of others
In Conclusion
 Copyright
complex
 Risk has increased
 Legal status unclear
 Loss of rights real risk for universities
when trying to resolve risk of infringement
CONTACT
Dr. Huda AL-chafes
Judge Inas AL-khaldi
College of Sharia and Islamic studies
Qassim University
[email protected]
AL-Qassim -Buraidah
Tel : 06 ( 3800050)