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Copyright and Fair Use
Copyright and Fair Use
"The Congress shall have power... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries...".
The Constitution of the United States. Article I. Section 8, paragraph 8.
Rule of Thumb
Do with other people's materials as you would like them to do with yours.
Library Copyright – Digitalslider
The online slide-rule helps you to discover if a creative work is copyright protected. It originates with the American Library Association’s Office for Information Technology Policy.
The Good News and The (Bad) News
The Good News
You are free to establish
to other webpages as long as people browsing the web clearly see that they are accessing a different website
Fair use regulations that apply to Internet material
are similar to those for printed material. They allow the use of copyrighted material (without permission of the owner) under certain conditions and for limited purposes, including teaching and research. However,
when applying fair use rules on the web because they can be interpreted in various ways
The (Bad) News
Internet material is not in the public domain. It has authors and copyright holders who need to be acknowledged unless they explicitly state otherwise.
Don't use material you find on the Internet
(images, text, music)
without proper authorization and attribution
Whenever you find something that you would like to use,
contact the owner and ask permission.
Most sites have a contact e-mail address
Copyright Myths and Misconceptions
Copyright law does not protect ideas
Copyright owners don’t need to
A copyright notice is
Owning a copy of a copyright protected work is
NOT the same
as owning a copyright
General Copyright Framework
Owner controls the use of the protected work
Owner isn’t required to put a copyright notice on the work or register it but it is recommended
Copyright protection doesn’t last forever
Owning copyright is different from owning a copy of a copyright protected work
Clearly identify the material that you create
Date your pages
COPYRIGHT AND FAIR USE
What is Copyright?
Copyright is a form of protection given to the authors or creators of "original works of authorship"
It covers literary, dramatic, musical, artistic and intellectual work
The author of the work alone has the right to do any of the following or to let others do any of the following:
of the work
copies of the work
the work publicly (plays, film, dances, or music)
the work publicly (artwork, stills, or any material used on the Internet or on television)
, adaptations or other new uses of a work or translate the work to another media
The user of the work has the right to do any of the following:
Use the work under a license
Use the work in any way if it is in the public domain
Use the work in any way if it is not copyright protected
Use a copyright protected work under the Fair Use Guidelines
Why Should You Care?
When you create something, aren't you proud of your work after spending a lot of time and energy creating it?
Your work is your creation and you'd probably be pretty upset if someone just copied it without your permission
Copyright law gives you a
set of rights
that prevents other people from copying your work and doing other things with your work that you may not like
Copyright reflects our appreciation for all the hard work that goes into creating "original works of authorship" and respect for the right of the creator of that work to control what people can and cannot do with it
What is Fair Use?
Fair Use the right of the public to make
of copyrighted material in special circumstances without the author's permission
Fair use of a copyrighted work includes "purposes such as criticism, comment, news reporting, teaching, scholarship, or research"
Fair Use Factors
Factor 1: Purpose or character
Factor 2: Nature
Factor 3: Portion of work used
Factor 4: Impact on the market
Fair Use resources for educators:
Quick-Reference Chart of Copyright and Fair Use Guidelines for Educators
- University of Colorado
Fair Use Guidelines for Educational Multimedia
- The American Distance Education Consortium
Fair Use Guidelines for Multimedia
- Consortium of College and University Media Centers
Copyright & Fair Use: A Closer Look - pdf - 12.6 MB
not always easy to determine
whether or not fair use has been made of a copyrighted work. Where you are uncertain whether something qualifies for the fair use exception, you should always
request permission from the author of the work.
How to Cite Internet Sources
Depending on your field of study, you can choose to follow a certain citation style:
The American Psychological Association
APA Style - http://www.apastyle.org/elecref.html
The Modern Languages Association
MLA Style- http://www.mla.org/www_mla_org/style
Online! Citation Styles:
Includes APA, MLA, Chicago, CBE, and other styles.
US Copyright Office
– at the Library of Congress
Copyright and Fair Use
– Excellent site from the Stanford University Libraries. Topics include: Website permissions, academic and educational permissions, releases, and public domain
Copyright and Fair Use in the Classroom, on the Internet, and in the World Wide Web
– "This document's purpose is to help faculty, students and staff make informed decisions before using materials in the classroom, for course reserves, or the Internet or World Wide Web." (University of Maryland University College)
Using Copyrighted Works in Academic Settings
– Frequently Asked Questions to guide faculty in the use of digital material in their classrooms
- The online slide-rule helps you to discover if a creative work is copyright protected. It originates with the American Library Association’s Office for Information Technology Policy
A Blog on Fair Use
– The principle of collage
Seeking Permission (when use exceeds "fair use")
– Copyright permission
– Free tools to mark creative work
Ten Big Myths about Copyright Explained
– "An attempt to answer common myths about copyright seen on the net and to cover issues related to copyright and USENET/Internet publication."
The ©Primer Interactive Tutorial
– The interactive tutorial provides an overview of the underlying principles behind copyright in the United States, outlines the requirements for copyright protection and discusses the parameters of use and access of copyrighted material. Consisting of twenty-one questions and answers, the © Primer includes illustrative scenarios and resources for further information and study