Transcript The_Copyright_Tightrope_Final.pptx

The Copyright Tightrope
The presentation is intended for
informational purposes only.
I am not a lawyer……..
Albrecht Durer
German Artist
1471-1528
Hold! You crafty ones, strangers to work, and pilferers of other men’s brains……
Samuel Langhorne Clemens
aka
Mark Twain
American Author
1835-1910
Only one thing is impossible for God; to find any sense in any copyright law on the planet.
Mark Twains Notebook, 1902-1903
United States Constitution
Articled 1, Section 8, Clause 8
To promote the progress of Science and the Useful Arts, by
securing for a limited time to Authors and Inventors the
exclusive right to their respective writing and discoveries
Big copyright picture:
2 conflicting ideas – 2 conflicting parties
Party A = Education
Party B= Publishers, et. al.
It’s all about balance
Guidance and Training
17 USC § 107
Georgia Board of Regents
Other Universities = General
Consensus= informed advice on
compliance questions
Goal is to balance
In order to strike a balance between parties
we have to comply with the law according
to 17 US Code§ 107, while at the same
time exercising through a good faith effort
our fair use rights.
Intro 17 USC § 107
Limitation on exclusive rights: Fair Use
Ask first……
“Using fair use takes the PAIN
out of copyright compliance”
FOUR FACTORS
Purpose and Character of Use
Amount/substantiality of the work
Impact on the potential market
Nature of copyrighted work used
Fair Use Checklist
Four Factors
Factor 1: Purpose and character of use
Check the applicable boxes





Education, non-profit
Teaching, criticism, parody
Non-commercial
Transformative
Necessary to achieve educational
goal
Weights in favor of fair use
Check the applicable boxes





For profit
For public distribution
For entertainment
Mirror Image Copying
Use exceeds what is necessary for
teaching purposes
Weights against fair use
Faculty
Faculty should keep a copy of the fair use checklist
that they fill out for each and every individual title
they evaluate and use, and it should be dated.
BECAUSE
This checklist provides evidence of a good faith
effort in deciding for or against fair use.
Course Packs
Public performance rights
Images
Inter-Library Loan
E-Reserves
Orphan Works
Distance Education
Public Domain
If it’s in the fridge it is in the public domain.
Facts
Recipes
Ideas
Dedicated works
Government docs
Expired copyright
Asking Permission
Templates
Please may I…
I hope I have given you enough information that you will feel
confident when it comes your turn to walk the tightrope,
balancing progress on one side and limits on the other!
…..with a new clarity and vision to “promote the
progress of Science and the Useful Arts…
…………as it is our right as educators through the fair
use exception!
Thank you!
QUESTIONS………………..