Copyright+and+Fair+Use

Pathfiinder site: https://waynecollegelibrary.wikispaces.com/Copyright+and+Fair+Use

Copyright: a Federal regulation, part of the U.S. Constitution, Article 1, Section 8

 * Congress is allowed to pass laws “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right in their respective writings and discoveries.”
 * Allows congress to adopt both copyright laws (creative expression) and patent laws (inventions)
 * Creates a financial incentive for authors / inventors to continue to contribute and create new works
 * Requires that the rights expire

What are your rights? An owner of a copyright can:

 * 1) Reproduce the copyrighted work in copies;
 * 2) Prepare derivative works based upon the copyrighted work;
 * 3) Distribute copies of the copyrighted work;
 * 4) Perform the copyrighted work publicly;
 * 5) Display the copyrighted work publicly; and
 * 6) Perform the copyrighted work publicly by means of a digital audio transmission.

A Framework for Analyzing a Copyright Use (Answer these five questions in order):

 * 1) Is the work protected by copyright?
 * 2) Is there a specific exception in the law that covers my use?
 * 3) Is there a license that covers my use?
 * 4) Is my use covered by fair use?
 * 5) Do I need permission from the copyright owner?

Q1: Is the work protected by copyright?

 * But I wrote it….
 * Publisher rights
 * Work for hire
 * Students have rights, too…
 * Public domain
 * Copyright holder gives up all rights
 * U.S. Federal government works
 * Works with expired term of copyright
 * Tools:
 * Digital Copyright Slider
 * Appropedia Public Domain Search (be sure to read conditions/stipulations)

Q2: Is there a specific exception in the law that covers my use?

 * Classroom use exemption, must be:
 * In a classroom (not anywhere else in the school)
 * In person, engaged in face-to-face instruction (not online or via distance)
 * At a non-profit educational institution (not at a for-profit)
 * Using a legitimately, legally-acquired copy
 * Performed or displayed (not distributed, handed out)
 * TEACH Act (distance / online education)
 * The Original TEACH Act Toolkit
 * TEACH Act Checklist

Q3. Is there a license that covers my use?

 * Purchase of item includes a license that allows the use, like public performance rights, site licenses for software, etc.
 * [|Creative Commons licenses]
 * Use CC’s [|license chooser] for help selecting one for yourself.
 * Search for Permissive media:
 * Google Image advanced search
 * Limit to .gov domain
 * Limit to usage rights
 * Explore established Creative Commons Communities:
 * Growing list Includes images, sound, video, text
 * Includes communities like Flickr, YouTube, Wikimedia Commons, etc.
 * Search Pixabay
 * Browse Unsplash
 * Search Public Domain Pictures
 * Search SplitShire
 * Search 1 Million Free Pictures
 * Browse Viintage graphics
 * Search PDPics
 * Explore 10 Royalty-free music sites.

Q4. Is my use covered by Fair Use? (Reasonable and limited use)

 * Consider these four factors (see [[file:waynecollegelibrary/Fair Use Checklist.pdf|Fair Use Checklist]]):
 * The __purpose__ and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
 * The __nature__ of the copyrighted work;
 * The __amount__ and substantiality of the portion used in relation to the copyrighted work as a whole; and
 * The __effect__ of the use upon the potential market for or value of the copyrighted work.

Q5. Do I need permission from the copyright owner?

 * Locate the copyright owner, explain your intended use, and request permission. (See [[file:waynecollegelibrary/Sample permission request.pdf|sample letter]])
 * No response or answer is no: reconsider use (is there something you can do to make it a fair use?) or choose another source.
 * Be aware of mashups: each element may require permission.
 * Pay for use: [|Copyright Clearance Center]


 * For more very excellent advice, refer to Kenneth Crews’ [|Copyright Advisory Office] at Columbia University Libraries. Here you will find:
 * General background on copyright
 * Further, detailed explanation of Fair Use
 * Advice on getting permission, including how to track down a copyright owner

Materials derived from: “Copyright for Educators & Librarians” by Kevin Smith, M.L.S., J.D., Lisa A. Macklin, J.D.,M.L.S., Anne Gilliland, JD, MLS, at Duke University and Emory University and The University of North Carolina at Chapel Hill on [|Coursera]. [|Creative Commons Attribution-ShareAlike 4.0 International License.]

=Refer to this helpful book from the library's collection:= Ref. KF 2995 .B885 2011 Copyright for Teachers & Librarians in the 21st Century by Rebecca P. Butler

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