Cambridge University Press v. Georgia State University, Case 1:08-cv-01425-OD (N.D. Ga., May 11, 2012). Reality: Educational uses have their own copyright exemptions, but those are extremely limited. Stanford Copyright Reminder | DMCA Agent | The Center for Internet and Society Fair Use Project | contact webmaster, Educational Uses of Non-coursepack Materials, The Code of Best Practices in Fair Use for Media Literacy Education, Guidelines Establish a Minimum, Not a Maximum. | Just Visiting, Live Updates: Latest News on Coronavirus and Higher Education, Advice for students so they don't sound silly in emails (essay), Trump's claim about saving HBCUs was false, but his administration has largely backed sector, An author apologizes for an Inside Higher Ed article he recently wrote (opinion), 10 strategies to support students and help them learn during the coronavirus crisis (opinion), Are states disinvesting in higher education? Publishers and the academic community have established a set of educational fair use guidelines to provide greater certainty and protection for teachers. Reality: Fair use is flexible, not unreliable. ), without any fuss. This right never comes into play until you defend yourself, and then the attacker accuses you of hurting them. App Development and Marketing from A-Z. The discussion featured a panel of high level, experienced practitioner who provide tips, checklists and a road map for addressing legal considerations relating to mobile apps, including best practices for mobile TOU and Privacy Policies, platform considerations and much more. For information about using media in your course, contactCordah Robinsonor contact CITL. Trademark and patent cases are often conflated with copyright cases. to keep your eye on the details, because, when writing an academic article, the devil is in the details (Feldman, 2004:1). In the twenty-first century, a number of undesirable practices have emerged as mobile phone usage spreads into everyday life. The guidelines permit a teacher to make one copy of any of the following: a chapter from a book; an article from a periodical or newspaper; a short story, short essay, or short poem; a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. We will specifically focus on reporting | Now if only they knew they did. Fair use is the right to use portions of copyrighted materials without permission for purposes of education, commentary, or parody. A student may make a single recording of a performance of copyrighted music for evaluation or rehearsal purposes, and the educational institution or individual teacher may keep a copy. An act of plagiarism never falls under fair use. Myth #3: Fair use is easy for an academic I can take whatever I want because everything I do is noncommercial. Reassure your publishers that you can use that film still, magazine cover, advertisement or cartoon (if, of course, its in service of your scholarly argument, not a mere decoration), without licensing it. Please do not write to But if youre using commercial materials explicitly designed for their educational environment, think twice how is your use transformative? So youll still need to employ fair use in many situations. The infringements were alleged because of the posting of copyrighted books within a universitys e-reserve system. After the first ten days, the video recording can only be used for teacher evaluation purposes, to determine whether or not to include the broadcast program in the teaching curriculum. A librarians code is on the way (and then well have a better handle on those pesky questions about video streaming and posting articles on Moodle). By using thisFair Use Checklist, instructors can analyze their intended use of copyrighted materials and make informed decisions about use. And be persistent; you may be the first academic theyve met who knows your fair use rights. IU Bloomington. This site is sponsored by Stanford University Libraries, Justia, NOLO, LibraryLaw.com & Onecle. In addition, the idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics altered (or added to). And are you finding any bright lines on, say, what exactly obscenity is? Reality: Working noncommercially does give you some privileges, but youll be stuck in a gray zone if you depend on that to justify fair use. Under this arrangement, copyright owners will permit uses that are outlined in the guidelines. Do you use materials from the Web on your course site? Your classroom use may be covered, for instance if your students arent Facebooking for class or posting assignments to YouTube -- but not your conference paper. But simply not making money does not give you a fair use pass. For those hyper-rare fair-use lawsuits, a solid phalanx of pro bono lawyers waits eagerly in the wings to help, including Stanford Fair Use Project, the Electronic Frontier Foundation, and some intellectual property clinics. Myth #7: I dont want fair use, because I believe educational materials should be free to all, and I license all my work under Creative Commons licenses. Libraries, museums, hospitals, and other nonprofit institutions also are considered educational institutions under most educational fair use guidelines when they engage in nonprofit instructional, research, or scholarly activities for educational purposes. Pupils cannot be charged more than the actual cost of photocopying. The educational guidelines are similar to a treaty that has been adopted by copyright owners and academics. If you have a special credit line you would prefer, indicate it here: . The doctrine only refers in general to four considerations ("factors") that people should weigh in deciding whether their use will add more to the culture than it will cost the rightsholder: the nature of the copyrighted material, the nature of the use, the amount, and the market effect. This section answers some basic questions about these guidelines. A video recording of a broadcast can be made only at the request of and only used by individual teachers. The entire analysis, though likely mixed, will probably weigh more heavily in one direction or the other, either favoring fair use, or opposing. Myth #3: Fair use is easy for an academic I can take whatever I want because everything I do is noncommercial. But even people who want to give their work away may need to quote copyrighted material. A teacher or pupil following the guidelines can feel comfortable that a use falling within these guidelines is a permissible fair use and not an infringement. Thats when you invoke your right of self-defense. Unlike academic coursepacks, other copyrighted materials can be used without permission in certain educational circumstances under copyright law or as a fair use. In fact, there is remarkably little litigation on fair use, although there is a lot of publicity around intellectual property conflicts generally. If the answer to these questions is yes, the market effect concern takes a back seat. True, its a case-by-case decision, but so are all your other First Amendment rights. Besides, giving work away that contains valuable pieces of other peoples work can indeed hurt someone elses pocketbook. NOLO, with much of it taken from the book You can learn more at the centers website, (www.cmsimpact.org). The recording may be played once by each individual teacher in the course of related teaching activities in classrooms and similar places devoted to instruction (including formalized home instruction). Courts consider four factors in deciding whether a use is Fair Use or an infringement: Purpose of the Use (learning, commentary, criticism OR commercial); Licensor authorizes User to photocopy the Selection, as defined below, for purposes of creating a photocopy anthology (the Coursepack) for sale or distribution to students and academic customers in the Course. The shorter the amount copied and the more it is for the purpose of commentary or education, the more likely it is to be deemed fair use. Some examples of digital media for instruction include images from the Web used in lecture presentations, audio or video clips used in the classroom or as homework resources, graphs and charts, and scanned texts. There are already codes of best practices in fair use developed by film scholars, communication scholars, makers of open courseware, and media literacy teachers, for example. presentation of research findings at noncommercial peer conferences, workshops, or seminars. Only enough copies may be reproduced from each recording to meet the needs of teachers, and the recordings may not be combined to create teaching compilations. If you seek additional advice on fair use for instruction, you may wish to contact IU Counsel to discuss the legal use of media in your IUB course at 812-855-9739. The Columbia University Copyright Advisory Office also offers more information about fair use and the four-factor analysis in particular. Reclaiming Fair Use: How to Put Balance Back in Copyright, How COVID-19 Will Change Academic Parenting, Crafting a Post-Pandemic Strategy for Your College and University, Call to Action: Marketing and Communications in Higher Education, COVID-19 Info on Your Website: A Few Best Practices, Wellness and Mental Health in 2020 Online Learning. Thats why codes of best practices in fair use have been so valuable in establish what is acceptable and normal to do in any professional community. Some of these uses are unconsidered; most are uncontested. Download and fill out this checklist for each copyrighted item you wish to use. In addition, a single copy of a sound recording owned by an educational institution or an individual teacher (such as a tape, disc, or cassette) of copyrighted music may be made for the purpose of constructing aural exercises or examinations, and the educational institution or individual teacher can keep a copy. Academics potentially enjoy some of the greatest benefits of U.S. copyright laws doctrine of fair use which lets them use copyrighted material without permission or payment, under some circumstances. The content for the Copyright and Fair Use Overview section is from And a notice of copyright must be affixed to each copy. So they didnt have strong fair use defenses, however misguided RIAAs deterrent strategy may have been. The Fair Use Doctrine is based on actual court decisions. In the workplace, employers report that many members of their staff use an individually-owned mobile phone to socialise during work hours, resulting in loss of productive work time and effort (Jackson, 1998; James, 2004; Peters, 2005). Well never not need fair use, because copyright ownership rights are so widely seen as valuable, and because all culture builds on existing culture as every academic who wrote a lit review section in a journal article knows. Be the first to know.Get our free daily newsletter. One important note about fair use is that all incidents of it involve attribution. In some cases, educators have an easy time deciding how their uses are transformative, i.e., adding value and using the material for a different reason than the market currently serves (for instance, are students critically analyzing the content?). On January 28, 2014, Stanfords Program in Law, Science & Technology hosted the discussion, Congratulations, you have an app now what? It depends on the time frame, How the shift to remote learning might affect students, instructors and colleges, How to write an effective diversity statement (essay), We are retiring comments and introducing Letters to the Editor. It allows and even encourages use of copyrighted works for socially beneficial activities such as teaching, learning, and scholarship. In Peter Jaszis and my research for Reclaiming Fair Use, which charts the resurgence of fair use and explains how to use it, we came across as much mythology as knowledge among our colleagues. Click Resources.. Getting Permission Reality: Working noncommercially does give you some privileges, but youll be stuck in a gray zone if you depend on that to justify fair use. The entire analysis, though likely mixed, will probably weigh more heavily in one direction or the other, either favoring fair use, or opposing. Information about contacting music publishers is provided in Chapter 5. Many academic research libraries encourage open-source repositories, and we contribute to those too. Fair use is the right to use portions of copyrighted materials without permission for purposes of education, commentary, or parody. Lawsuits are very occasional and circumscribed circumstances in a wide sea of perfectly legal and uncontested practice, most of it in the comfortable center of acceptability. With the exception of the Nolo Copyright and Fair Use Overview, this work is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License. Reality: Commerciality greases almost all circulation of culture in our society, and fair use is designed to expand the range of all cultural production, not just the noncommercial stuff. Myth #6: Fair use is just a defense, not a right. A library that wants to reproduce out-of-print sheet music can use a system established by the Music Publishers Association by downloading and completing a form called the Library Requisition for Out-of-Print Copyrighted Music from the Associations website at www.mpa.org/sites/mpa.org/files/library%20requisition.pdf. As a general rule, a teacher has more freedom to copy from newspapers or other periodicals if the copying is related to current events. Copyright 2020 The Trustees of Indiana University, Accurate Attendance & Participation with Tophat, Designing Assignments to Encourage Integrity, Alternatives to Traditional Exams and Papers, Assessment for General Education and Programmatic Review, Third Party Services: Legal and Privacy Concerns, Administering and Interpreting Course Evaluations, Attendance Policies and Student Engagement, Application for an Active Learning Classroom, Kelley Office of Instructional Consulting and Assessment, The IU Office of Vice President and General Counsel, Stanford University Copyright and Fair Use Center, Reclaiming Fair Use: How to Put Balance Back in Copyright, advocate for codes of practice that liberalize fair use of copyrighted materials, University Information Technology Services, Office of the Vice Provost for Undergraduate Education, Office of the Vice Provost for Faculty and Academic Affairs, Faculty Academy on Excellence in Teaching. The court viewed the Copyright Offices 1976 Guidelines for Educational Fair Use as a minimum, not a maximum standard. Its easy to mix up the issues. Attorney at law, Nolo author, LinkedIn Learning Instructor, Blogger Dear Rich: A Patent, Copyright and Trademark Blog. a complete poem if less than 250 words or an excerpt of not more than 250 words from a longer poem, a complete article, story, or essay if less than 2,500 words or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less; or. Licensor warrants that it is the owner of rights for the Selection and has the right to grant the permission to republish the materials as specified above. And lawsuits since 1990 have typically been decided for fair users who have used work commercially in a transformative way and in appropriate amounts (even when that amount was, like it is in some photographic quotation, 100%!). Celebrating the unfreezing of the public domain, Stanford Copyright & Fair Use Key Overview Updates, Future of Libraries Need First Sale for ebooks, protect your site from copyright lawsuits, Happy Birthday ruling plus full court docket filings, Creative Commons Attribution-Noncommercial 3.0 United States License, The Center for Internet and Society Fair Use Project, noncommercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions, planned noncommercial study or investigation directed toward making a contribution to a field of knowledge, or. Fair-Use Policy: Terms and Conditions. While the guidelines are not part of the federal Copyright Act, they are recognized by courts and the Copyright Office as minimum standards for fair use in education. Thanks! Until then, everyone is simply going along minding their own business, creating culture. You can refer to the mission and needs of your field to help you decide. What Is the Difference Between the Guidelines and General Fair Use Principles? Classroom copying cannot be used to replace texts or workbooks used in the classroom. The court then proposed its own fair use standard10% of a book with less than ten chapters, or of a book that is not divided into chapters, or no more than one chapter or its equivalent in a book of more than ten chapters. In a case alleging 75 instances of infringement in an educational setting, 70 instances were not infringing because of fair use and for other reasons. Fair Use Checklist To Analyze Intended Use of Materials. But when the uses are questioned usually by a publisher, or a librarian, or an IT person, and often because of new media and digital platforms academics often lack the confidence to defend their choices, because they dont know the law. An example of articles in text. 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