EDT 347 EDT 347 Education Education

TechnologyTechnology

Copyright Copyright and Fair Useand Fair Use

Your contact in the Your contact in the library:library:

Brad Dennis, Assistant Professor, Brad Dennis, Assistant Professor, Education LibrarianEducation Librarian

Education Library, 3300 Sangren HallEducation Library, 3300 Sangren Hall

Reference Desk:Reference Desk: 269-387-5225269-387-5225Voice Mail:Voice Mail: 269-387-1581269-387-1581

E-Mail: E-Mail: brad.dennis@wmich.edubrad.dennis@wmich.edu

CopyrightCopyright DefinitionDefinition: Copyright law protects "original : Copyright law protects "original

works of authorship fixed in a tangible works of authorship fixed in a tangible medium of expression" for a limited period. medium of expression" for a limited period. Copyright applies both to traditional media Copyright applies both to traditional media (books, records, etc.) and to digital media (books, records, etc.) and to digital media (electronic journals, Web sites, etc.).(electronic journals, Web sites, etc.).

The Copyright Law of the United States is The Copyright Law of the United States is contained in contained in Title 17 of the United States CodeTitle 17 of the United States Code (17 (17 U.S.C.). U.S.C.).

Copyright protects the Copyright protects the following eight categories of following eight categories of

worksworks 1.1. literary works literary works

2.2. musical works musical works

3.3. dramatic works dramatic works

4.4. pantomimes and choreographic works pantomimes and choreographic works

5.5. pictorial, graphic, and sculptural works pictorial, graphic, and sculptural works

6.6. motion pictures and other audiovisual motion pictures and other audiovisual works works

7.7. sound recordings sound recordings

8.8. architectural works architectural works

The copyright holder has The copyright holder has exclusive rights over his or her exclusive rights over his or her

workwork Reproduction right Reproduction right Distribution right Distribution right Right to create adaptations (called Right to create adaptations (called

derivative works)derivative works) Performance and display rightsPerformance and display rights

What is protected?What is protected?

Essentially everything published Essentially everything published since 1923 and everything created since 1923 and everything created (even if not published) since 1978. (even if not published) since 1978. This includes everything on the Web, This includes everything on the Web, as well as in print. as well as in print.

What are the What are the exceptions?exceptions?

US Federal government documentsUS Federal government documents Pre-1964 items whose copyright was not Pre-1964 items whose copyright was not

renewedrenewed Pre-1978 materials published without Pre-1978 materials published without

notice of copyright. notice of copyright. Most materials you find on the Web have Most materials you find on the Web have

copyright protection. They need copyright protection. They need notnot have have a notice of copyright in the text, and they a notice of copyright in the text, and they need need notnot be registered with the Copyright be registered with the Copyright Office. Office.

Public DomainPublic DomainDefinition:Definition:  A public domain work is a creative work   A public domain work is a creative work

that is not protected by copyright andthat is not protected by copyright and which may which may be freely used by everyone.  be freely used by everyone. 

The reasons that the work is not protected include:The reasons that the work is not protected include:

(1) the term of copyright for the work has (1) the term of copyright for the work has expiredexpired

(2) the author failed to satisfy statutory(2) the author failed to satisfy statutory formalities to perfect the copyright or formalities to perfect the copyright or

(3) the work is a work of the U.S. Government.(3) the work is a work of the U.S. Government.

Fair Use GuidelinesFair Use Guidelines

DefinitionDefinition: Guidelines developed by a group : Guidelines developed by a group of educational users and copyright owners of educational users and copyright owners that interpreted the Copyright Act. These that interpreted the Copyright Act. These guidelines are meant to assist educators in guidelines are meant to assist educators in their teaching activities.their teaching activities.

The legal concept of “fair use” is complex, The legal concept of “fair use” is complex,

but does allow you to take small portions but does allow you to take small portions of a work, with proper citation, for a of a work, with proper citation, for a scholarly or educational project.scholarly or educational project.

United States Code: Fair UseUnited States Code: Fair Use Fair use provisions of the US Copyright Fair use provisions of the US Copyright

Law (Law (Title 17, section 107Title 17, section 107) allow for limited ) allow for limited distribution of published works without the distribution of published works without the author's permission. author's permission. The following four factors are used to The following four factors are used to determine if a use is fair:determine if a use is fair:

1.1. The purpose and character of the use The purpose and character of the use 2.2. The nature of the copyrighted work The nature of the copyrighted work 3.3. The amount and substantiality of the The amount and substantiality of the

material used material used 4.4. The effect of use on the potential market The effect of use on the potential market

for or value of the work for or value of the work

So it would seem that So it would seem that it’s “fair use” if…it’s “fair use” if…

The copying is for educational useThe copying is for educational use The original material is mainly facts The original material is mainly facts

and lacks originalityand lacks originality You use portions to make your You use portions to make your

point, not whole sections point, not whole sections You’re not taking potential sales You’re not taking potential sales

away from the original away from the original

Students may:Students may:

Incorporate portions of lawfully acquired Incorporate portions of lawfully acquired copyrighted works when producing their copyrighted works when producing their own educational multimedia projects for a own educational multimedia projects for a specific course specific course

Perform and display their own projects in Perform and display their own projects in the course for which they were createdthe course for which they were created

Retain projects in their own portfolios as Retain projects in their own portfolios as examples of their academic work for later examples of their academic work for later personal uses such as job and school personal uses such as job and school interviews. interviews.

Circular 21 of the U.S. Copyright Office

Printed MaterialPrinted Material

Text Material Up to 10% or 1000 Text Material Up to 10% or 1000 words, whichever is less, of a single words, whichever is less, of a single copyrighted work of text. copyrighted work of text.

An excerpt from a children’s book, An excerpt from a children’s book, not exceeding two pages or 10% of not exceeding two pages or 10% of the work, whichever is less.the work, whichever is less.

One chart, picture, diagram or One chart, picture, diagram or cartoon per book or per periodical cartoon per book or per periodical issue.issue.

PoetryPoetry

An entire poem of less than 250 words, An entire poem of less than 250 words, but no more than three poems by one but no more than three poems by one poet, or five poems by different poets poet, or five poems by different poets from any single anthology. from any single anthology.

In poems of greater length: up to 250 In poems of greater length: up to 250 words, but no more than three excerpts words, but no more than three excerpts by a single poet, or five excerpts by by a single poet, or five excerpts by different poets from a single anthology.different poets from a single anthology.

Illustrations and Illustrations and Photographs:Photographs:

A photograph or illustration may be A photograph or illustration may be used in its entirety. used in its entirety.

No more than 5 images by an artist No more than 5 images by an artist or photographer. or photographer.

Not more than 10% or 15 images, Not more than 10% or 15 images, whichever is less, from a single whichever is less, from a single published collected work.published collected work.

Music, Lyrics, and Music Music, Lyrics, and Music VideoVideo

Motion Media Up to 10% or 3 Motion Media Up to 10% or 3 minutes, whichever is less, of a minutes, whichever is less, of a single copyrighted motion media single copyrighted motion media work. work.

Up to 10% of a single musical workUp to 10% of a single musical work No more than 30 seconds of music No more than 30 seconds of music

and lyrics from a single musical work and lyrics from a single musical work

Attribution & Attribution & AcknowledgementAcknowledgement

Credit the sources and display the copyright Credit the sources and display the copyright notice © and copyright ownership notice © and copyright ownership information for all incorporated works information for all incorporated works including those prepared under fair use. including those prepared under fair use.

Copyright ownership information includes: Copyright ownership information includes: © (the copyright notice) © (the copyright notice) year of first publication year of first publication name of the copyright holder name of the copyright holder Example: © 2004 Company/Person’s NameExample: © 2004 Company/Person’s Name

What if I want to use a What if I want to use a protected item?protected item?

Ask the rights owner for permission. Ask the rights owner for permission. If the owner says no, it means no. If If the owner says no, it means no. If you can't reach the owner, treat it as you can't reach the owner, treat it as no. no.

Getting PermissionGetting Permission

If permission is obtained to use a work, then the If permission is obtained to use a work, then the agreed-upon use is acceptable. There are several agreed-upon use is acceptable. There are several avenues for getting permission to use avenues for getting permission to use copyrighted works. Following are links to two copyrighted works. Following are links to two options:options:

Copyright Clearance CenterCopyright Clearance Centerhttp://www.copyright.com/http://www.copyright.com/

United States Copyright OfficeUnited States Copyright Officehttp://www.copyright.http://www.copyright.govgov/records//records/ (For records (For records from 1978-present) from 1978-present)

Circular 22, "How to Investigate the Copyright StaCircular 22, "How to Investigate the Copyright Status of a Work,"tus of a Work," from the United States Copyright Office offers from the United States Copyright Office offers guidance for obtaining permission.guidance for obtaining permission.

Acceptable Use PoliciesAcceptable Use Policies

Definition:Definition: Policies that limit use of computer Policies that limit use of computer resources managed by a school or Internet resources managed by a school or Internet service. Usually tells the user what is:service. Usually tells the user what is:

a correct use a correct use what is incorrect use what is incorrect use what the consequences are for incorrect what the consequences are for incorrect

use of those resources use of those resources WMU's Computing Rules and PoliciesWMU's Computing Rules and Policies

More InformationMore Information 10 Big Myths about Copyright Explained10 Big Myths about Copyright Explained. Brad Templeton. Brad Templeton Copyright and Fair Use Guidelines for Teachers. Chart by Hall Copyright and Fair Use Guidelines for Teachers. Chart by Hall

DavidsonDavidson When U.S. Works Pass Into The Public Domain.When U.S. Works Pass Into The Public Domain. Chart by Chart by Lolly Lolly

Gasaway        Gasaway        Copyright Law of the United States of America and Related Laws Copyright Law of the United States of America and Related Laws

Contained in Title 17 of the Contained in Title 17 of the United States Code,United States Code, Circular 92 U.S. Circular 92 U.S. Copyright OfficeCopyright Office

Reproduction of Copyrighted Works by Educators and Librarians, Reproduction of Copyrighted Works by Educators and Librarians, Circular 21. U.S. Copyright OfficeCircular 21. U.S. Copyright Office

"Fair Use of Copyrighted Works""Fair Use of Copyrighted Works". CETUS . CETUS "Copyright and Distance Education". Kenneth Crews "Copyright and Distance Education". Kenneth Crews Copyright Issues: Multimedia and Internet Resources Using & Copyright Issues: Multimedia and Internet Resources Using &

Creating. Creating. Georgia HarperGeorgia Harper , Office of General Counsel University of , Office of General Counsel University of Texas SystemTexas System