Copyright and Fair Use

Dr. Barbara Lovato UNM-Valencia Campus Library

What is Copyright?

• Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What issues do you have in the classroom regarding copyright?

What is Fair Use?

• • • • Fair use allows the limited use of copyrighted material for certain situations. The Following Four Factors must be considered: The Purpose and Character of the Use The Nature of the Copyrighted Work The Amount and Substantiality of the Work Used The Effect of Use on the Potential Market for the Copyrighted Work

The Purpose and Character of the Use ▫ Nonprofit and educational uses are more likely to be considered fair use. ▫ Transformative uses, like parody and news reporting, are important factors that weigh in favor of a finding that the use is fair. ▫ Commercial uses of the copyrighted work or uses that substitute for the copyrighted work weigh against a finding of fair use

The Nature of the Copyrighted Work The fair use privilege is more extensive for works of information, such as scientific, biographical, or historical works than for artistic and creative works.

The Amount and Substantiality of the Work Used ▫ Fair use is more likely to be found when the user of the copyrighted material takes only the amount necessary for the purpose of the use. ▫ Using an entire work will often, but not always, weigh against a finding of fair use.

The Effect of Use on the Potential Market for the Copyrighted Work ▫ If there is a potential for harm to the market for the work, this harm will weigh against a finding of fair use.

What does UNM say?

• Office of University Counsel

Copyright Quiz

You have scanned the entire text of F. Scott Fitzgerald's novel "This Side of Paradise" (1920) and placed it on Blackboard for your students to use. Is this use okay? Yes, Any works published before 1923 are considered to be in the public domain and may be freely copied for any purpose as long as it does not contain any content created after 1923, such as cover art, introductions, criticism, or other notes added to the text.

You make multiple copies of a pamphlet created this year and posted on the U.S. Department of Health and Human Services website (http://www.hhs.gov/). The pamphlet lists nutrition and health standards. Is this use permitted by copyright law? Yes, as a U.S. government work, the pamphlet is in the public domain, and may be used freely by anyone.

You have scanned a book written by one of your colleagues at another university. She has given you written permission to post the work on your Blackboard site. Is this use permitted under copyright law? It depends… If the author owns the copyright, the author may grant permission. More typically, the publisher is the copyright owner and must give permission to digitize.

References

• • • US Copyright Office http://www.copyright.com

University of North Carolina http://www.lib.unc.edu/copyright/tutorial/quiz Association of Research Libraries http://www.arl.org