fair use act jerry hindberg associate director network & client support services lewis-clark...

Fair Use ActFair Use Act

Jerry HindbergAssociate Director

Network & Client Support ServicesLewis-Clark State College

September 24, 2014

Copyright Alert SystemCopyright Alert System

http://www.youtube.com/watch?v=kQTONXs_N-A

Higher EducationHigher Education

Use of copyrighted material must be protectedMission of higher education is to advance

knowledge

Fair Use ActFair Use Act

Enacted October 28, 1998Section 107 of the Copyright Act of 1976.

Limitations on exclusive rights: Fair Use

Four Factors from Fair Use Statute

Four Factors from Fair Use Statute

PurposeNatureAmountEffect

PurposePurpose

Commercial or Non-Profit Educational PurposeTransformativeMultiple copies for educational classroom use

NatureNature

Characteristics being used?Nonfiction v fiction?Commercial Work?Educational Work?

AmountAmount

Quantitative and Qualitatively MeasuredExact measure of quantity does not existJournal Article ?Amount and substantiality of portion used in

relation to the work as a whole

EffectEffect

Effect on potential market or value of the workIs purpose for research and scholarshipIf purpose is commercial, effect is presumedDoes work compete with existing work?Opposing viewSome courts believe this to be the most

important factor

Case – Electronic ReservesCase – Electronic Reserves

Rhonda Combs has scanned several articles and posts them to BlackBoard. She instructs the students on how to access them so they can complete their assignments.

PurposePurpose

EducationalAccess RestrictionsMonetary?Network Access?

NatureNature

Current article?Commercial or Educational?Fiction or nonfictionField of Study

AmountAmount

Entire original document?Transformed document?

EffectEffect

Research or scholarship?Market EffectPotential Market?Commercial v Educational

What is Copyright MaterialWhat is Copyright Material

books, articles, photographs, paintings, sculpture, software, websites, architecture, ballets, music, sound recordings, and even doodles, scribbles, and graffiti.

Doesn’t the "Fair Use doctrine" give me the right to download and upload

copies of music I’ve purchased?

Doesn’t the "Fair Use doctrine" give me the right to download and upload

copies of music I’ve purchased?No, it doesn’t. In certain instances, the use of a copyrighted work

for purposes such as criticism, comment, news reporting, teaching, scholarship or research might not constitute infringement, depending on (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work has a whole, and (4) the effect of the use on the potential market for or value of the copyrighted work. However, courts have rejected the notion that uploading and downloading copyrighted sound recordings without permission constitutes "fair use."

Copyright Ruling Aids EducationCopyright Ruling Aids Education

New interpretations of the Digital Millennium Copyright Act are being issued

Students and Faculty can legally ‘rip’ portions of DVDs for use in media-studies classes according to federal officials

ReasonScholarly work for presentations in a large

classroom setting requires high quality K-12 does not fall under this ruling, it is only for

higher educationeCampus News.com September 2010

Music Fan Owes $675,000Music Fan Owes $675,000

2009 – Boston jury downgraded a ruling against Joel Tenenbaum for illegally downloading music files. Original ruling, $675,000 reduced to $67,500 deeming it excessive

On Sept 16, 2011 – appeals court reinstates original judgment

June 25, 2013 – court affirms judgment

ConclusionConclusion

People always differ on applicabilityFour factors need not lean in one directionA balance of the four factors is the most reliable

and defensible decision method

US Copyright US Copyright

http://www.copyright.gov/laws/Full Text of the Digital Millennium Copyright Act

http://thomas.loc.gov/cgibin/query/z?c105:H.R.2281.ENR.http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-

Statement.html

COPYRIGHT, PIRACY & DIGITAL RIGHTS MANAGEMENT

COPYRIGHT, PIRACY & DIGITAL RIGHTS MANAGEMENT

--Taiwanese Piracy Gang Gets Jail Time (February 4, 2008) Members of a software piracy group in Taiwan have been sentenced to prison. Maximus Technology is believed to be responsible for selling counterfeit software worth approximately US $900 million. Maximus owner Huang Jer-Sheng received a four-year prison sentence; three co-defendants received sentences ranging from 18 months to three years.

Counterfeit copies of more than 20 different Microsoft software products in seven languages were produced and sold.

http://www.channelregister.co.uk/2008/02/04/microsoft_counterfeiters_do_taiwan_jailtime/print.html

QuestionsQuestions