copy wright

THECopy(W)Right

STUFF

A HYPOTHETICAL

Gerry McKiernan

Panel Discussion on Copyright

ISU Library

Training Session

Room 192

March 27, 20038:30 AM – 10:00AM

DISCLAIMER I AM NOT A

COPYRIGHT LAWYER

*** NOR ***

DO I PLAY ONE ON TV.

QUESTION OF THE DAY

What Major Event

Happened on

December 17th?

Iowa State University Library

Hypothetical Activities

MONTHLY ACTIVITIES

• EXHIBIT

• DATABASE OF THE MONTH

• REFERENCE BOOKS OF THE MONTH

• FEATURED LEISURE READING

• VIDEO(S)

Database of the Month

Reference Books of the Month

Database of the Month

Featured Leisure Reading

VIDEO

VIDEOS

The Wright Stuff:

The Wright Brothers and the Invention of the Airplane

Wilbur & Orville Wright: Dreams of Flying

To Commemorate the 100th Anniversary

of the First Powered Flights

of theWright Brothers

onDecember 17, 1903

The William Robert Parks and Ellen

Sorge Parks Library Iowa State University

PRESENTS

Wilbur & Orville Wright: Dreams of Flying

The Wright Stuff:

The Wright Brothers and the Invention of the Airplane

*********************

Seminar Room

(Rm 192)

Parks Library

December 17, 2003

SHOWINGS

• Wright Stuff

– 10 AM – 11 AM

– 1 PM - 2 PM

• Dreams of Flying

– 11 AM – Noon

– 2 PM - 3 PM

ONLY

IOWA STATE UNIVERSITY

COMMUNITY

ONLY

QUESTION OF THE DAY

Is the showing of the Wright Brothers video(s)

permissible under

the Fair Use

provisions of the

U.S. Code?

Why?

Why Not?

United States CodeTITLE 17 || COPYRIGHTS

CHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHTSec. 106. - Exclusive Rights in Copyrighted Works Subject to sections 107 through 121, the owner of copyright under this title

has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work

to the public by sale or other transfer of ownership, or by rental, lease, or lending;

United States CodeTITLE 17 || COPYRIGHTS

CHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHTSec. 106. - Exclusive Rights in Copyrighted Works [Continued]

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

United States Code

TITLE 17 || COPYRIGHTSCHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHTSec. 107. - Limitations on Exclusive Rights: FAIR USE

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

Sec. 107. –

Limitations on Exclusive Rights: Fair Use

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for, or value of the copyrighted work.

United States Code

TITLE 17 || COPYRIGHTS

CHAPTER 1. SUBJECT MATTER and SCOPE of COPYRIGHT

Sec. 110. – Limitations on Exclusive Rights: Exemption of Certain Performances and Displays

Notwithstanding the provisions of Section 106, the following are not infringements of copyright:

Sec. 110. - Limitations on Exclusive Rights:Exemption of Certain Performances and Displays [Continued]

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;

List of ConditionsClassroom Use of Videocassettes

• It must be shown by students, instructors, or guest lecturers

• It must be shown as part of an instructional program

• It must be shown in a classroom or other school location devoted to instruction such as a studio, workshop, library, gymnasium, or auditorium if it is used for instruction

List of ConditionsClassroom Use of Videocassettes

[Continued]• It must be shown in a face-to-face setting or

where students and teacher(s) are in the same building or general area

• It must be shown only to students and educators

• It must be shown using a legitimate copy • It may not be used for entertainment or

recreation.Peggy Hoon (Editor). Guidelines for Educational Use of Copyrighted Materials: Designed

for Educators and Librarians in the Higher Education Setting. Pullman: Washington State University Press, 1997. 12

QUESTION OF THE DAY

Is the showing of the Wright Brothers video(s)

permissible under

the Fair Use

provisions of the

U.S. Code?

Why?

Why Not?

WORKING DRAFT

MARCH 26, 2003