Transcript Health Center Library - University of North Texas

Using Copyrighted Materials
in Teaching
March 2011
Presenters
• Renee Drabier, MBA, PhD
Associate Provost for Academic
Affairs and Development and
Chief Information Officer
• Daniel Burgard, MSLIS
Director, Gibson D. Lewis Health
Science Library
Introduction
- Today’s presentation
- Copyright Myths
- Fair Use and the Four Decision Criteria
- Licensed Use of copyrighted material
- Questions & Answers
Copyright Myths
• "If it doesn't have a copyright notice, it's not
copyrighted." This was true in the past, but today in
the USA, almost everything created privately and
originally after April 1, 1989 is copyrighted and
protected whether it has a notice or not.
• "If I don't charge for it, it's not a violation." False.
Whether you charge can affect the damages awarded
in court, but that's the main difference under the law.
From “10 Big Myths about copyright explained” by Brad Templeton
www.templetons.com/brad/copymyths.html
Copyright Myths
• "If it's posted on the WWW it's in the public
domain." False. Nothing modern and creative is in
the public domain unless the owner explicitly puts it
in the public domain. Explicitly, means the
author/owner writes, "I grant this to the public
domain." Those exact words or words very much like
them.
From “10 Big Myths about copyright explained” by Brad Templeton
www.templetons.com/brad/copymyths.html
Copyright Myths
• "I work in at an educational institution so I can
do whatever I want and won’t get in trouble."
False. Four employees at Georgia State University
were sued in 2008 for copyright and license
violations related to use of purchased material that
was digitized for use in a course reserve system.
United States Copyright Law
• US Constitution, Article 1, Section 8
• “To promote the Progress of Science and useful Arts by securing for limited
Times to Authors and Inventors the exclusive Right to their respective Writings
and Discoveries.”
• Balance between producers and users
• Current US copyright law was passed in 1976.
• Much of the law involves guidelines and comfort
levels – concept of Fair Use
Fair Use - Overview
• Section 107 of copyright law describes fair use of
copyrighted material
• Fair use = limited use of copyrighted material without
acquiring permission from the rights holders
• This section will help you evaluate whether the work
you want to include in a presentation or class is
covered by “Fair Use” and needs no further
permission.
How to determine Fair Use
The four fair use factors:
1.
2.
3.
4.
What is the purpose 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?
Purpose of Use
Favoring Fair Use
 Teaching
 Research
 Scholarship
 Nonprofit Educational Institution
 News reporting
 Transformative or Productive Use
 Restricted Access
Opposing Fair Use
 Commercial
 Profiting from use
 Entertainment
 Bad-faith behavior
 No credit to author
Nature of Use
Favoring Fair Use
Opposing Fair Use
Published work
Factual or nonfiction based
Important to favored
educational objectives
Unpublished work
Highly creative work
Fiction
Amount of Use
Favoring Fair Use
Opposing Fair Use
Small quantity
Portion used is not central
or significant to entire work
Amount is appropriate for
favored educational
purpose
Large portion or whole
work used
Portion used is central to
work or “heart of the work”
Effect on Market
Favoring Fair Use
Opposing Fair Use
 User owns lawfully acquired or
purchased copy of original work
 One or few copies made
 No significant effect on market
 No similar product marketed owner
 Lack of licensing mechanism
 Could replace sale of copyrighted
work
 Significantly impairs market
 Reasonably available licensing
mechanism
 Affordable permission available
 Numerous copies made
 You made it accessible on Web or in
other public forum
 Repeated or long term use
Who decides?
• You do!
• If you make an honest informed decision that
“fair use” applies, then it does.
Fair Use Guidelines Allow
• Making a single copy for educational use for
scholarly research, teaching or preparation for
teaching
• An article from a journal
• A chapter from a book
• A chart, diagram or drawing from a book or journal
Fair Use Guidelines
• Making multiple copies for classroom use or
discussion if it meets the tests of:
• Brevity—an article,essay of less than 2500 words, one
chart, less than 10% of a book
• Spontaneity—too close to time of use to get permission
• Cumulative effect—copies for one course, no more than
3 per journal volume per term
• Each copy has a notice of copyright
Fair Use Guidelines Prohibit
• Using copies as a substitute for purchase
• Copying of consumables (workbooks, test booklets)
• Copying the same item by the same teacher term
after term
• Charging the student beyond the actual cost of
photocopying
Library Licensing
• The Library licenses materials to allow educational
use without further permission.
• License agreements trump copyright
• Usually a good thing
Library Licensed Resources
• Definition: The license is a legal term for permission to use
or access copyright-protected material.
• Definition: The license agreement is a written document
which describes the terms and conditions under which a
library/institution may use digital content owned by someone
else.
•
•
•
•
Who is authorized to use resource
How they can use it – next slide
Where they can use it from
Penalties for misuse
Library Licensed Resources
• Educational uses negotiated for in license agreements with
publishers.
• Display rights
• Electronic course packs
• Electronic course reserves
• Linking rights
• Scholarly sharing rights
• Remote access
• Archival rights
• Perpetual use rights after subscription cancellation
Usage Examples
• MDConsult images may be freely used in classroom presentations, but must ask
permission for use of images in posters or publications.
• Wiley-Blackwell allows us to use their content in course packs but Wolters Kluwer
(Ovid) does not.
• Elsevier (Science Direct) allows us to put their content in our e-reserve system but
Access Medicine does not.
• Oxford University Press allows authorized users to perform “scholarly sharing”
(send single copies of articles to other researchers who are not on our network) but
University of Chicago Press does not.
• The New England Journal of Medicine allows us to fulfill ILL requests via email but
Cambridge University Press stipulates that we print and scan (in order to produce
a degraded copy of the document) before sending through email.
Wrap-Up Questions
•
•
•
•
Am I allowed to use this work in my class?
Who owns this work I want to use?
Do I need to request permission to use this work?
Has the library already licensed this work for
classroom use?
• How do I appropriately label cited works?
Your Questions?