The Copyright Tightrope. The presentation is intended for informational purposes only. I am not a lawyer……..

The Copyright Tightrope

The presentation is intended for informational purposes only.

I am not a lawyer……..

Albrecht DurerGerman Artist 1471-1528

Hold! You crafty ones, strangers to work, and pilferers of other men’s brains……

Samuel Langhorne Clemens aka

Mark TwainAmerican Author 1835-1910

Only one thing is impossible for God; to find any sense in any copyright law on the planet. Mark Twains Notebook, 1902-1903

Big copyright picture:2 conflicting ideas – 2 conflicting parties

Party A = Education Party B= Publishers, et. al.

United States ConstitutionArticled 1, Section 8, Clause 8

To promote the progress of Science and the Useful Arts, by securing for a limited time to

Authors and Inventors the exclusive right to their respective writing and discoveries

It’s all about balance

Guidance and Training

17 USC § 107

Georgia Board of Regents

Other Universities = General Consensus= informed advice

on compliance questions

In order to strike a balance between parties we have to comply with the law according to 17 US Code§ 107, while at the same time exercising through a good faith effort our fair

use rights.

Goal is to balance

Intro 17 USC § 107

Limitation on exclusive rights: Fair Use

Ask first……

“Using fair use takes the PAIN out of copyright compliance”

FOUR FACTORS

Purpose and Character of UseAmount/substantiality of

the workImpact on the potential marketNature of copyrighted work

used

Fair Use ChecklistFour Factors

Factor 1: Purpose and character of use

Check the applicable boxes Education, non-profit Teaching, criticism, parody Non-commercial Transformative Necessary to achieve

educational goal

Weights in favor of fair use

Check the applicable boxes For profit For public distribution For entertainment Mirror Image Copying Use exceeds what is necessary

for teaching purposes

Weights against fair use

Faculty

Faculty should keep a copy of the fair use checklist that they fill out for each and every individual title they evaluate and

use, and it should be dated.

BECAUSE

This checklist provides evidence of a good faith effort in deciding for or

against fair use.

Course Packs

Public performance rights

Images

Inter-Library Loan

E-Reserves

Orphan Works

Distance Education

Public Domain

If it’s in the fridge it is in the public domain.

Facts Recipes Ideas Dedicated works Government docs

Expired copyright

Asking PermissionTemplates

Please may I…

I hope I have given you enough information that you will feel confident when it comes your turn to walk the tightrope, balancing progress on one side

and limits on the other!

…..with a new clarity and vision to “promote the progress of Science and the Useful Arts…

…………as it is our right as educators through the fair use exception!

QUESTIONS………………..Thank you!