Transcript PRESENTATION NAME

Copyright & Fair Use
in an Open Access World
Presented by Professors Paul Kittle & Hong Guo
Mt. San Antonio College Library
What Do You Know?
(a short quiz)
Question #1:
Anything can be used in an educational
environment, digital or otherwise, because using
copyrighted material to teach with or from is
considered “Fair Use.” That is, as a professor, I can
use anything I want in my teaching.
A. True
B. False
C. It depends
Question #2:
Who creates & updates U.S. Copyright law?
A. The U.S. Senate
B. The U.S. Copyright Office
C. The U.S. Congress
D. The U.S. House of Representatives
E. The Mt. SAC Academic Senate
Question #3:
Which of the following is NOT generally granted
the owner of copyright?
A. Ability to reproduce the work in copies or phonorecords
B. Ability to deny Fair Use in non-profit, educational settings
C. Distribute copies or phonorecords of the work to the
public
D. Perform the work publicly
E. Not sure
Question #4
A professor has scanned several hundred images
from various texts to represent Western culture &
politics during a particular period of history.
She wants to post them in her Moodlerooms site
throughout the semester so that her students can
consult them. Is this considered Fair Use?
A. Yes
B. No
C. It depends
Question #5:
A professor wants to upload the contents of a
DVD (the entire film) to his Moodlerooms
course. Does he need permission (is it Fair
Use)?
A. Yes
B. No
C. It depends
Why Is It Important to Know?
© Cease & Desist Letters
© Just because you’re right doesn’t mean
you won’t get sued.
© Lawsuits – if you lose, you pay
--Damages, lost profits of copyright holder
--$750 - $30,000 per incident
Risk Management
Familiarize yourself with
Copyright law & Fair Use
Overview:
The Constitutional Provision Respecting Copyright
The Congress shall have Power …
…to promote the progress of science and useful arts,
by securing for limited tımes to authors and inventors
the exclusive right to their respective writings and
discoveries.
United States Constitution, Article I, Section 8
• Our British roots: Funk & Wagnalls New World Encyclopedia
• What is Copyright: Gale Encyclopedia of Everyday Law
• The Consumer View on Copyright: CQ Researcher
Copyright Protects Only: Original Expressions
Copyright protects original works of authorship
fixed in any tangible medium of expression
(1) literary works
(2) musical works, including any accompanying words
(3) dramatic works, including any accompanying music
(4) pantomimes and choreographic works
(5) pictorial, graphic, and sculptural works
(6) motion pictures and other audiovisual works
(7) sound recordings
(8) architectural works
In no case does copyright protect an idea.
Copyright Law & the Exceptions
• Copyright Term & the Public Domain in the U.S.
• Limitations on Exclusive Rights: Reproduction by
Libraries & Archives (Sect. 108)
• TEACH ACT of 2002 (a quick look at the University of
Texas)
• Material on the Internet – Is it Copyrighted?
• Fair Use – the Professor’s friend when used correctly
What Is Fair Use?
•
•
•
•
From the US Copyright Office
From the Stanford University Libraries
From the American Library Association
The Association of Research Libraries
• A Fair(y) Use Tale - youtube
Fair Use as Defined in U.S. Law
• Only the original holder of Copyright may
determine how that material is distributed or
used. This is called "exclusive use." Exclusive use
notwithstanding, there are exemptions - and one is
"Fair Use."
• How does the Copyright Law define or determine
“Fair Use?”
– “Four-Factor Fair Use Test"
Fair Use: the 4 factors
The Four Factors are a PANE (PNAE)
Although I am giving you the four factors out of order, PANE seems easier to
remember than PNAE.
The Law states:
1. Purpose
2. Nature
3. Amount
4. Effect
Easier to remember
(PANE):
1. Purpose
3. Amount
2. Nature
4. Effect
Fair Use:
Factor One - Purpose
The Four Factors are a PANE (PNAE)
1. the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
Favorable use: teaching, research, scholarship, non-profit,
criticism, parody, comment, news reporting, transforming use,
employing restricted access
Not favorable: verbatim copying, profitable use, entertainment,
bad-faith behavior, commercial use
Fair Use:
Factor Three - Amount
The Four Factors are a PANE (PNAE)
(3) the amount and substantiality of the portion used in relation
to the copyrighted work as a whole;
Favorable use: small quantity in relation to whole, the portion
used is not central or significant to entire work, is not considered
the heart of the work, amount is appropriate for educational
purpose
Not favorable: large portion used, the portion used is central,
significant, and considered the heart of the work
Fair Use:
Factor Two - Nature
The Four Factors are a PANE (PNAE)
(2) the nature of the copyrighted work;
Favorable use: published work, factual or nonfiction work, clear
educational objectives germane to the your use of the work
Less favorable, more protected: Unpublished work, highly
creative work, fiction
Fair Use:
Factor Four - Effect
The Four Factors are a PANE (PNAE)
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
Favorable use: work is lawfully acquired, one or few copies are made,
no significant effect on the market or potential market for the
copyrighted work, lack of licensing mechanisms, lack of permissions
market
Not favorable: replacement for or circumvention of the purchase of the
copyrighted work, significantly affects the market or potential market
value of the copyrighted work or its derivative work, licensing
mechanisms are an option, permissions-market is strong, many copies
are made, copy is made electronically accessible, repeated long-term
use. Includes out of print and unpublished works that could have
potential market value.
Let’s Look at Some Examples
• I want to photocopy a couple pages from a Math
workbook & give them to my students. Is this
Fair Use?
• I want to upload a copy of my friend’s DVD to a
Mt.SAC server & show it to my class. Is this Fair
Use?
• I have scanned images from a variety of sources
& text to represent Western culture & want to
load them in my Moodlerooms course. Is this
Fair Use?
Did You Know?
• That in most cases, student work turned in
to you is copyrighted by the student?
• That you often sign over your rights when
you publish?
• That the Academic Senate at Mt.SAC has
insured YOU own any DL developed
course? YOU have the ownership rights!*
Creative Commons
• What is – and isn’t - it?
– An alternative “fair use”
– It is NOT a law
– It is a type of license “permission to use”
• How can it help?
See: http://creativecommons.org/licenses/
Copyleft, GNU and other Beasts
Similar to the Creative Commons concept, pertaining
primarily to software.
• Copyleft is a general method for making a program (or
other work) free, and requiring all modified and
extended versions of the program to be free as well.
http://www.gnu.org/copyleft/copyleft.html
The GNU Project:
http://www.gnu.org/gnu/thegnuproject.html
Where Can You Find Copyright Free Media
• YOUR LIBRARY!!!
--Library databases (images, videos, etc.)
--Rich Media Research Guide
http://mtsac.libguides.com/richmedia
• Most Government Images
• Public Domain
Copyright/Fair Use in the New Media Age
• Aereo – Is open broadcast open?
– https://aereo.com/
• http://www.newyorker.com/online/blogs/elements/2014/01/ae
reo-supreme-court-future-of-television-internet.html
• Aereo case set for April with Supreme Court
– http://www.deadline.com/2014/02/aereo-supreme-courtbroadcasters-barry-diller-abc-nbc-cbs-fox/
Plagiarism 2.0: Information Ethics in the
Digital Age
• Here is a sample of legal streaming media at Mt.SAC.
The topic is “Plagiarism & Intellectual Property” via
Mt.SAC's "Films On Demand" subscription (you TOO
can embed your legal videos- Login may be required)
• https://libris.mtsac.edu/login?url=http://digital.films.com/Portal
Playlists.aspx?aid=19580&xtid=43790 (add "target="blank" if
you are going to embed this in your course – copy & paste if it
doesn’t go straight there.
Useful Resources
• New Fair Use Guidance for Online Educators (Magna Publications White
Paper)
• Mt.SAC Library Rich Media Guide
• TEACH ACT
• Stanford Copyright & Fair Use Site
• Columbia University Libraries’ Fair Use Guide
• Georgia State University’s Fair Use Guide (PDF)
The landmark case & current ruling
• UCLA’s Landmark Case
• Center for Media & Social Impact (CMSI)
Copyright & Fair Use in Media Site
• Edutopia’s “Copy wrongs”
• CopyLeft
• New Laws coming:
• INTRODUCTION OF THE TECHNOLOGY, EQUALITY, AND ACCESSIBILITY IN
COLLEGE AND HIGHER EDUCATION (TEACH) ACT -- (Extensions of Remarks November 15, 2013)
• Appeal of Georgia State University ruling.
• Possible appeal of UCLA’s use of media in DL ruling.