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Copyright and Fair Use

What is Copyright?
Copyright and Fair Use in Education

The Rights of Creators and Copyright Owners

Educational Use Exemptions to the Copyright Law
Copyright in the Digital Age
Fair Use Exemptions to the Copyright Law
Yes, Copyright Applies on the Internet
More on Copyright

What is Copyright?

Copyright law originates from Title 17 of the United States Code; it refers to the exclusive rights to creations and works by authors, artists, and designers, while seeking to balance a general public right of access in order to exchange ideas and information, especially in an educational setting. Facts and ideas are not protected by copyright law. See Myths About Copyright.

Copyright does NOT protect ideas, titles, names, short phrases, works in the public domain, mere facts, logos and slogans (although protected by trademark), blank forms that only collect information rather than provide it, and URL's (i.e., links).

Copyright and Fair Use in Education

Even though you work and study in a non-profit educational institution, some aspects of copyright, whoever you are, may affect you. Copyright applies to works on paper, computer disk, or other media. You must consider the Four Factors of Fair Use each time you may have to borrow an aspect of another's work.

The Rights of Creators and Copyright Owners

"Copyright protection subsists . . .in original works of authorship fixed in any tangible medium of expression, now known or later developed." In other words, as soon as a creative work is written down, stored on a hard drive, recorded, drawn, etc., it is protected by copyright. On one hand, this means that mere ideas cannot be copyrighted; on the other hand, it means that a creator does not have to publish his or her work or register it with the Library of Congress in order to have that work protected by copyright. (Title 17, Section 102 of the United States Code (17 U.S.C. § 102

The federal statute grants seven specific rights to owners (17 U.S.C. § 106):

  • Reproductive right: to reproduce the work in copies;
  • Adaptive right: to produce derivative works based on the copyrighted work;;
  • Distribution right: to distribute copies of the work;
  • Performance right: to perform the copyrighted work publicly;
  • Display right: to display the copyrighted work publicly;
  • Attribution right: (or, the paternity right): to claim authorship of the work and to prevent the use of his/her name as the author of a work he/she did not create;
  • Integrity right: to prevent the use of his/her name as the author of a distorted version of the work, to prevent intentional distortion of the work, and to prevent destruction of the work.

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Educational Use Exemptions to the Copyright Law:

Non-profit educational institutions also have a right to exemptions to the Copyright Act which permit classroom display and short-term copying, however, these exemptions are intended to be narrowly interpreted:

Educational Use Exemptions (17 U.S.C. § 110):

  • Section 110(1) exempts the performance or display of a copyrighted work in the course of face-to-face teaching activities by a non-profit educational institution in a classroom or similar setting.
  • Section 110(2) exempts the transmission of a performance or display of a copyrighted work if (1) the performance or display is a regular part of the systematic instructional activities of the non-profit educational institution; (2) the performance or display is directly related and of material assistance to the teaching content of the transmission; and (3) the transmission is made primarily for reception in classrooms or similar places or by persons to whom the transmission is directed because of their disabilities.

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Copyright in the Digital Age

The Internet allows everyone to share an infinite range of creative works in public, however, such freedom can lead to unintentional abuse of copyrighted material. Tradition alone does not guide us to use digital files, images, and multimedia without violation, while Congress and the Federal Justice system attempt to resolve the rising divergence of new technologies from old laws.

Yes, Copyright Applies on the Internet!

Just as the Web has evolved, so has the development of content from "static" pages to dynamic, interactive multimedia. Some of it is copyrighted material. Because it is easy to copy email messages, images, or other documents, it is not necessarily legal to do so without first obtaining the copyright holder's permission. You can feel free to link to pages or documents already on the web, as long as the owner of the page doesn't specifically forbid the creation of links.

Fair Use Exemptions to the Copyright Law:

All of the following criteria must be considered when using copyrighted material for private, nonprofit purposes:

Four Factors in Fair Use (17 U.S.C. § 107):

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

More on Copyright

  • The United States Copyright Office: Authoritative site for copyright information, maintains a Copyright FAQ which mostly addresses the needs of those who wish to register a copyright. Circular 21: Reproductions of Copyrighted Works by Educators and Librarians is an important resource (PDF file, requires Adobe Acrobat Reader to view).
  • UCSD Libraries' Copyright Task Force web page has links to many items of interest. UCSD's Film and Video Library copyright page addresses the same issues with an emphasis on audiovisual materials.
  • University websites that give copyright guidance: The University of Texas System's Crash Course in Copyright, and Stanford University's Copyright and Fair Use
  • The Copyright Society of the USA maintains FAŠE - Friends of Copyright Education
  • Ten Big Myths About Copyright Explained is by Brad Templeton, Chairman of the Board of the Electronic Frontier Foundation.
  • Copyright Bay is a fun instructional website by University of St. Francis, Joliet, IL

 

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Last updated: Wednesday, 20-Aug-2003 23:13:02 CDT
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