- Author: Robert W. Sams
Stanford University has an excellent website on fair use that includes links to resources on copyright issues and new outlets such as blogging and social media.
There is also a digest of recent court decisions relevant to copyright and fair use that offer insight into the issues and precedents being set in this area.
http://fairuse.stanford.edu/index.html
Bob Sams
- Author: Robert W. Sams
Some of you may remember a flurry of news awhile ago about UCLA and Georgia getting in trouble with some major copyright holders about creating "e-reserves" in library computer systems for student use for classes.
Here's a link to an article in Academic Impressions that reports on court decisions settling those lawsuits and setting specific limits for the substantiality test for fair use. Turns out those limits are one chapter or 10%.
http://www.academicimpressions.com/news/copyright-fair-use-and-electronic-materials-three-tips-0
I have an earlier post in this blog on the 4 factors test for fair use.
Bob
- Author: Robert W. Sams
Recently, a Federal court issued a ruling on suit brought by a number of major publishers against Georgia State University claiming that their "e-Reserves" system violated copyright laws. While the suit is not final and the publishers are said to be considering appeal, the initial rulings suggest an easing of the narrowest interpretations of Fair Use and ongoing support for the educational uses of copyrighted content.
However!!!!
These rulings also point to a clear and formal responsibility on the part of the user to evaluate each use on its own merits and on a number of factors.
Fortunately, anything that provides clearer boundaries makes it easier to judge a specific case and it also points to tools that can assist you in a specific situation.
A number of institutions have developed a "Fair Use Checklist" and the existence of such a tool in the Georgia case was cited in the decision.
There are many, but here's one that popped out close to the top of a recent Google search;
http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf
There are others that are very similar.
Stay tuned. We'll try and get something similar for our needs posted to Communication Services web site soon.
Don't forget....when in doubt, ask permission.
Bob Sams
- Author: Michael L. Poe
You may not remember, but at around 5 years old, you were probably taught not to take something from a playmate without asking. But with the advent of the Internet, that got "unlearned" by many people. For some reason the concept of ownership evaporated because the things users want are so easy to copy or download. Sometimes it isn't even clear who you would ask for permission. That's when copyright ownership becomes less respected.
"What is copyrighted?" The types of work subject to copyright has been expanded over time. Initially only covering books, copyright law was revised in the 19th century to include maps, charts, engravings, prints, musical compositions, dramatic works, photographs, paintings, drawings and sculptures. In the 20th century copyright was expanded to cover motion pictures, computer programs, sound recordings, choreography and architectural works.
A created work is considered protected by copyright as soon as it exists. Copyright itself does not depend on official procedures. Anything created in a fixed medium can be copyrighted. Copyright does not protect ideas or facts, only their expression. Copyright law is designed to protect the fixed expression of an idea rather than the idea itself.
For example, if you paint "H20=Water" on a canvas, the idea or fact is now in a newly created fixed medium--it is automatically copyrighted. When you take a picture of the canvas, the photo is copyrighted. Here's a real world example: the facts about a tomato trial you've just completed cannot be copyrighted, but the report you create with the data is copyrighted. That means if you post your trial results on the Internet, anyone could hand-copy the information from your document and create their own. But the document you created, your expression, is protected by copyright laws.
"What rights?" The rights protected by copyright law are:
- To reproduce the work in copies;
- To prepare derivative works based upon the work;
- To distribute copies of the work;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
The fact is, just about everything on the Internet is owned by somebody. A notable exception is something created by the US Government, like photos taken by NASA. The assumption should be made by users that what someone wants to download is owned by an individual, corporation or institution. The key is to look for the exception, a statement that says the material is available for download and use. Sometimes the statement will specify that the material is not for commercial use or some other limitation. Usually there's a request like, "Please include the following statement" or "Photo credit must be presented," etc.
Are there exceptions?
I'm no lawyer, but to me, it is difficult to think of a fuzzier, more confusing and exception-filled area of law than that of copyright. "Fair Use" is one aspect of copyright we've all heard of, but never quite understood.
Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine permits some copying and distribution without permission from or making payment to the copyright holder. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are:
- the purpose and character of the use;
- 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.
Asking for permission
If you find something on the Internet and there is a chance you will want to distribute it in your role as an educator, it is best to ask permission. Track down the owner as best you can, tell them your purpose for using the work, by whom and when it will be published. Specify that it is for educational purposes. CSIT* provides an example permission request letter for authors wanting to use someone else's copyrighted material in an ANR publication.
What if someone wants to use UC copyrighted material?
ANR's copyright officer is Bob Sams. He, and his designate can provide permission for use by others. Generally, permission is not given for commercial use of ANR publications, illustrations and photos.
What about photos?
Fortunately, the ANR Administrative Handbook was updated recently and there is good information about permissions to use someone else's photo or taking your own under various circumstances. See the ANR Administrative Handbook Section 215 PHOTOGRAPHIC, VIDEO, AND AUDIO RECORDINGS IN THE ANR ENVIRONMENT.
This is a complicated subject and there are a lot of people who don't want to put their interpretation in writing because under some circumstances, they'll be wrong. It is hoped this information will be useful to you. You can download this document from the US Copyright Office for more information about US copyright laws.
*CSIT=our new full name, Communication Services and Information Technology/span>
- Author: Robert W. Sams
In keeping with my theme in this blog, I found an interesting paper asking some fundamental questions about problems with current copyright, with special attention to education. Here's a snippet....
In this article, we explore how the technological, social, cultural, and legal developments of the digital age challenge educators and students who seek to make use of copyrighted material for educational purposes and offer educators strategies for dealing with today’s copyright challenges. This article is from Innovate, an online magazine. Citation information is at the end of the article and yes, I checked very carefully to make sure I could post it here. There are a number of references to new legislation and other initiatives that aim to adapt copyright law to the digital age. How this will sort out is anyone's guess, but one step we can all take is to do our best to know and to follow current law. Bob
What's Wrong with Copyright- Educator Strategies for Dealing with Analog Copyright Law in a Digital World