3: Copyright Basics: How to Stay Legal

In this section you'll learn about copyright, fair use, the public domain and how this all applies to faculty using the web.

Copyright and Fair Use

In the time it takes to fashion the materials for the Web, you could solicit permission from the copyright holder. Your safest bet is to show a 'good faith' effort by always seeking permission...

-Copyright and Web Teaching, Sarah Horton

Faculty can use copyrighted materials for teaching. While the ultimate purpose of this principle, known as fair use, is to allow limited use of copyrighted materials for reasons of criticism, instruction and scholarship; in practical terms copyright law still vigorously protects copyright holders. Fair use was further restricted in 2002 by Section 110(2) of the copyright law known as the TEACH Act (Technology, Education and Copyright Harmonization Act) which defines and limits the use of copyrighted materials for distance education.

Stay Legal

To be proactive about copyright and fair use:

Create your own materials
Use material in the public domain
Link to web based resources
Assume a work is copyrighted even if it has no obvious copyright notice
Abide by the following fair use guidelines: use for nonprofit and educational purposes only, use a small amount, do not impact the market potential of the original work.
Implement these Teach Act restrictions for materials posted on the web: use work directly related to the course content, use work not marketed for sale to online classrooms, restrict access to your students by posting in a password protected site, provide reasonable protection from download, and include a copyright warning that materials in this course site are restricted to enrolled students.

For an amusing but very informative description of copyright, public domain, and fair use take a look at A Fair(y) Use Tale, a brief video by Eric Faden hosted by The Center for Internet and Society (CIS) at Stanford Law School. For a good summary of copyright and fairuse and how it relates to faculty please download the Know Your Copy Rights-What You Can Do brochure by the Association of Research Librarians.

A Fair(y) Use Tale Captioned by DotSub or watch A Fair(y) Use Tale on YouTube.

Transcript of A Fair(y) Use Tale

This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License

Fair Use from Section 107 of the 1976 Copyright Act

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:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

- Taken verbatim from: Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92

For more information please visit:

U.S. Copyright Office Fact Sheet on Fair Use
Know Your Copy Rights...Resources for Teaching Faculty, Association of Research Libraries, Part II: Uses in the Online Classroom / Course Management System
Using Copyrighted Works in Your Teaching, FAQ: Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently, by Peggy Hoon, 2007, Association of Research Library
Know Your Copy Rights - What You Can Do Brochure, Association of Research Librarians
Copyright & Fairuse, Stanford University Libraries, Clearinghouse with links to copyright and fairuse overviews, guides, current issues and legislation.
TEACH Act Frequently Asked Questions
Interactive Guide to Using Copyrighted Materials In Your Courses, Baruch College CUNY
Creative Commons , Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. You can use CC to change your copyright terms from "All Rights Reserved" to "Some Rights Reserved."

Continue to Part 4: MyGateway Basics

Return to Part 2: What is Web Enhanced, Hybrid & Online Education?

Transcript: Media Education Foundation, Challenging Media presents: A Fair(y) Use Tale, a short film by Eric Faden

WARNING: Federal Law allows citizens to reproduce, distribute, or exhibit portions of copyrighted motion pictures, video tapes, or video discs under certain circumstances withotu the authorization of the copyright holder.

This infringement of copyright is called "Fair Use" and is allowed for purposes of criticism, news reporting, teaching and parody.

The following film is not associated with, authorized by, or should be confused with any product produced by: Walt Disney Pictures.

Copyright Law

Chapter 1: Copyright Definitions

What the heck is copyright?
What?
What the heck is copy, copy - go right, to the right, right right right right.
It's that law, that's the problem.
You know the law. That stupid law.
What the heck is copyright?
I'll tell ya copyright is a permanently fixed original work.
What?
A permanently fixed original work in ah, in ah, in some form that can be seen or heard.
Hmmm.
Now listen, this is important.
Only the copyright owner has the right to use their work.
It's mine.
How can that be?
That's not fair.
It's forbidden to use a copyright work without permission granted by the copyright owner.
And, ... and, anybody who's foolish enough to threaten our copyright has broken the law.
Aren't we forgetting one teensy-weensy but ever so crucial little, tiny detail ...
You'd better be able to pay for that copyright permission.
We haven't discussed the subject of payment.
You can't get something for nothing you know.
But I don't have any -
I'm not asking much, just a token really, a trifle.
Hold on, back up, are you saying this is about money?
I'm sorry sir, I don't have any money.
It is extortion.
I prefer the term capitalist.
Hear that sound?
It is the sound of your freedom fluttering out the window.

Chapter 2: What things can be copyrighted?

Well there is the usual things like.. ...books... ...plays... ...music... ...dance... ...movies & pictures.
No no no no, wait... ...listen carefully.
You can't copyright an idea.
Yes I can.
You can't ... Can!
Can't, can't, can't!
But why?
Our culture thought that it would be unwise to limit the power of a great idea.
So we can only copyright the form an idea takes.
But, what does that have to do with anything?
No no, he's has got a point!

Chapter 3: Copyright Duration and the Public Domain

The law says copyright only lasts for a fixed amount of time.
For example: Copyright used to last just 14 years.
What?
Copyright used to last only 14 years.
We know!
I know! You know.
I know. I got it. I got the concept.
Our culture thought that was long enough for a copyright owner to make money from their work.
Oh!
After just 14 years the work fell into the public domain.
So anyone could use the work.
What the heck is the public domain...anyone?
The public domain is a disgrace to the forces of evil.
What are you saying exactly?
A work in the public domain is free for anyone to use.
Can you do that?
Yes. He said so.
Because our culture created new ideas by building on earlier works.
Ah, so the public domain is necessary for a living, thriving society.
Duh.
Unfortunately, copyright keeps getting longer.
And there seems to be no limitation on how long copyright lasts.
It is called a cruel irony.
For example: Copyright now lasts a lifetime plus 70 years.
And for a company copyright lasts over 100 years.
So copyright lasts more like forever.
Well, this is, it is just... Dilbert, would you please explain how ridiculous this is?
It is totally preposterous.

Chapter 4: Fair Use.

What the heck is fair use?
I'm sorry, you might want to remind me again, I'm eh..
What the heck is...fair use.
This might sound crazy but ...there, there are...limitations on copyright.
Oh!
Is it possible?
Yes!
Copyright may be broken.
But it's slippery.
You can borrow a small amount of a copyright work to ...teach... ...news reporting... ...parody... ...critical comment.
But how will I know if it's fair use?
There are certain rules that demonstrate fair use.
First of all it is the nature of the work borrowed.
Second of all it's the amount you borrowed.
Oh...and there is one more thing: it has to be something that doesn't change the original works value in the marketplace.
Pay attention everyone.
This is important!
It is like I always say:
Fair use is not a right.
But ...what is it?
Fair use is only a legal defensible position.
And this is not fair!

Chapter 5: Why use Disney cartoons?

Because this ...company...company... company... company... company... is intimidating anybody who takes a copyrighted work.
If you're going to threaten me, do it properly.
The point is: if fair use actually works then movies like this one will have legal protection.
And that concludes our broadcast day.
What was that?
I have no idea.

Copyright & Fairuse