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Copyright and Fair Use

SEP Technology

+Statutory Requirements for Copyright Original

Creative

Fixed in a tangible medium

+Rights of Authors

Exclusive Rights to:

Reproduction of the work

Derivative works

Distribution of the work

Transfer of ownership

Public performance

Public display

+Fair Use: takes away some rights of copyright holders

The 4 fair use factors are:

1. What is the character of the use?

2. What is the nature of the work to be used?

3. How much of the work will you use?

4. What effect would this use have on the market for the original or for permissions if the use were widespread?

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+FACTOR 1: What is the character of the use?From the Fair-Use Statute Section 107 of the Copyright Act of 1976...

Nonprofit

Educational

Personal

Criticism

Commentary

News reporting

Parody

Otherwise "transformative" use

+FACTOR 2: What’s the nature of the work to be

used?

Fact

Published

Mixture of fact and imaginative

Imaginative

Unpublished

+FACTOR 3: How much of the work will you use? Small amount

More than a small amount

+FACTOR 4: What is the Effect on the Market? After evaluation of the first 3 factors, the proposed

use is tipping towards fair use

Original is out of print or otherwise unavailable

No ready market for permission

Copyright owner is unidentifiable

Competes with (takes away sales) the original

Avoids payment for permission (royalties) in an established permissions market 

+Copyright vs. Fair Use

Copyright – law

Fair use – guideline

See chart in resources section for specific guidelines regarding how much and in what ways educators may use copyrighted materials under the provisions of fair use

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+Fair use in digital environment

Use of copyrighted work may be allowable under fair use when used in an educational environment

Do not put copyrighted work on the Web because those outside of an educational environment may access it

Use search engines designed to help you find materials in the public domain and those for which creators have given up some of their copyrights (resources section)

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+creativecommons.com

+Using Creative Commons

Look for licensed works to use in your instruction (Creative Commons has a search feature that will assist you)

License your own work using Creative Commons so that other instructors can benefit from your work

Encourage your students to license their own Intellectual Property

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