UW Fair Use Guidelines
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Transcript of UW Fair Use Guidelines
Copyright and Fair Use at the UW
Harry Hayward
UW Media Relations and Communications 2009
Copyright is
a set of rights
held exclusively by the owner
to:
Reproduce the work in copies
Make derivative works based on the original
Distribute copies or transfer ownership
Perform or display the work publicly
Transmit the work by digital audio transmission
US Copyright law also provides forFair Uses:
criticism, comment, news reporting,
Some teaching (including multiple copies for classroom use), Some scholarship, Some research
Where is Fair Use applied at the UW?
classrooms research multimedia production
What is Fair Use?
Four Factors The Nature of the copyrighted workThe purpose and character of your useThe amount and substantiality of the portion takenThe effect of the use on the potential market for the work
How do we know it is Fair Use?How do we know it is Fair Use?
No Clear answers…..
The distinction between fair use and infringement may be unclear and not easily defined.
There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Applying the four factors
What is the nature of the work?
Fact Based Mixture of Fact Imaginative
And And And
Published Imaginative Unpublished
What is the character of the use?
Non Profit TRANSFORMATIVE Commercial
Educational News reporting,
Personal Criticism,
Commentary,
Parody,
How much of the work will you use?
A small amount A substantial amount
No easy answer to how much is too much!
What effect will the use have on the market for the original? (especially if it is widespread)
Original is out of print, Competes with originalor not available or takes away sales from original
No ready market Avoids payment for permissionfor permission in established royalties market
Owner unidentifiable Possible future market?
And, what is the balance of the other three factors?
The Digital Millennium Copyright Act and Fair use- Section 1201 – circumvention of copyright protection systems
Though there is significant debate on the issue, recent judicial decisions have held that the fair use defenses under sec.107 of the Copyright Act do not apply to the DMCA. A significant policy debate continues as to whether this is in the public interest, but under present law, it is not wise to assume that one can violate the DMCA for a fair use purpose. Consequently, at present, one cannot circumvent digital copy protections, as prohibited by the DMCA, in order to access a copyrighted work for a fair use purpose.
-- UW Copyright connection
UW Resources
Outside resource:
“Feel free to reproduce this work in its entirety. For excerpts and quotations, depend upon fair use.” -- Center for Social Media, 2009
Questions?
Images courtesy of:
UW Photography
UWTV
Clker.com, public domain clip art
Copyright and Fair Use statutes:
Title 17 - The US Copyright Acthttp://www.copyright.gov/title17/
Digital Millennium Copyright Act:
http://www.copyright.gov/legislation/dmca.pdf
Discussion of Fair Use:
http://www.copyright.gov/fls/fl102.html
Rules of thumb checklist for fair use:
http://www.utsystem.edu/OGC/Intellectual Property/copypol2.htm#test
Harry Hayward, Com 558, August 11, 2009