U05a1 Copyright and Fair Use Screen title: Introduction 1 ... · Fair Use 2 5/21 PPT image, text, Venn diagram image, call out box User control advance, auto advance to next slide

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U05a1 Copyright and Fair Use Introduction 1/21

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Welcome to the Copyright and Fair Use tutorial. Have you used images or works created by others in your online classroom and wondered if it was alright to do so? If so, you are not alone. Copyright laws can be confusing. It this tutorial, you will review the Copyright Law and take a look at Fair Use of copyrighted work for your online course. You will learn to apply the four factors of Fair Use.

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U05a1 Copyright and Fair Use

Copyright Rights 2/21

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Copyright is a federal law granting authors of creative expression exclusive rights to make and distribute copies of their work and rights over how their works are used by others. It is important to know that Copyright is established automatically upon creation of works meeting the eligibility requirements. The originator of the work does not have to apply for a copyright, the copyright is established immediately.

Copyright rights cover a multitude of original works. This includes reproduced works, publicly displayed performances or works, recordings, to name a few.

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Use of Copyrighted Works 3/21

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Copyrights protect the owners’ rights to make and distribute copies of their work and rights over how their works are used by others. How are these works used? We interact with copyrighted works everyday. We can read a book, see a performance, see an art display, attend a concert, and the list goes on.

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U05a1 Copyright and Fair Use Fair Use 1 4/21

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Now let’s look at the where of copyright rights and the use of copyrighted works overlap. Copyright rights cover a multitude of original works, such as movies, recorded music, and plays or art displays, to name a few. Copyrights protect the owners’ rights to make and distribute copies of their work and rights over how their works are used by others. For example, the distribution of and use of copyrighted works are the books we buy to read, or the music concerts we attend, or the art gallery where we view artwork. The use of copyrighted works refers to how we interact with copyrighted works each day.

Right in the center is where Copyright Rights and Use of Copyrighted Overlap. This common area is known as Fair Use.

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Fair Use 2 5/21

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Fair Use is any copying of copyrighted material done for a limited and transformative purpose, such as commentary, criticism, or parody. Fair Use permits limited use of copyrighted material without acquiring permission from the rights holders. For example, instructors can use copyrighted works during teaching as long the learning experience is transformative and the use of the work is limited.

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Four Factors of Fair Use 6/21

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So, you’ve identified a few top notch copyrighted movies and you would like to use them in class. Well, Fair Use tell us we can use the movies if the purpose is transformative and will have limited use. What is meant by transformative use and how do we define limited use?

To answer these questions, we need to look at the Four Factors of Fair Use.

What is the purpose and character of the use of the work, What is the nature of the copyrighted work?, What is the amount and substantiality of the portion used, and finally, what is the effect of using the work on the potential market for the copyrighted work.

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Purpose and Character 1 7/21

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Let’s begin with the first of the four factors. What is the purpose and character of the use of the work? In education, copyrighted work is used in the classroom, whether delivered face-to-face or in an online course room. The learning management systems are accessed through a sign-on. This environment is not open to the public. This means the copyrighted works in the course room and published for public use.

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U05a1 Copyright and Fair Use Purpose and Character 2

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As you review the list, you will see examples favoring Fair Use and a list that opposes Fair use. If the purpose of using the copyrighted work is for teaching, research & scholarship, to name a few, Fair Use is an acceptable defense. Fair Use does not support using copyrighted material as part of a commercial activity or for profit.

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U05a1 Copyright and Fair Use Nature of Copyrighted Work 1 9/21

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The second factor is What is the nature of the copyrighted work? It could be a published work, as we see in the image here.

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Nature of Copyrighted Work 2 10/21




Take a look at the lists. The Fair Use of a copyrighted work favors using published works and factual information, but not unpublished work or highly creative works. If you use work that from a published journal to create a transformative learning experience, Fair Use is a defense for using the work.

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Amount and Substantiality 1 11/21

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The third factor is What is the amount and substantiality of the portion used? Fair Use permits limited use of copyrighted material without acquiring permission from the rights holders. Fair Use permits limited use of a movie in a course, but not the whole movie.

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U05a1 Copyright and Fair Use Amount and Substantiality 2 12/21




The examples that favor Fair Use are using the copyrighted work in small quantities and do not use the portion of the work that is central or significant to the body of the work. Going back to the movie example, clips from the movie that create a transformative learning experience are favored by Fair Use.

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Effect Upon Potential Market 1 13/21

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The fourth factor is, What is the effect of the use upon the potential market for the copyrighted work? This example of a textbook reminds us that the Fair Use does not defend providing content when the content is available and can be purchased.

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Effect Upon Potential Market 2 14/21




The Copyright Law protects the owners’ rights to make and distribute copies of their work and protects their rights over how their works are used by others. The textbook is an example of a work that is created for distribution to students for learning about Biology. Fair Use does not defend making the copyrighted work freely available to avoid purchasing the textbook. The use of the textbook should not negatively impact the owner’s right to distribute their work. Going back to the movie example, If an instructor wants to show movie clips, the instructor or school Library should purchase a copy of the movie. The use of the movie or any copyrighted work should not have an impact on the owners ability to distribute or sell their work.

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Balancing the Four Factors 15/21




When you are working with copyrighted works, always remember to follow these Dos and Don'ts. Copyrighted works must be placed behind a sign-on, such as an learning management system. The work must be used for teach and have a transformative purpose. Fair Use favors published works. Use a small portion and not the whole body of work. Purchase a copy of the work. Fair Use does not favor and does not defend creating numerous copies, or trying to profit from re-using copyrighted works. This infringes on the copyright law that protects the owner’s rights to distribute their work and how others can use the works.

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U05a1 Copyright and Fair Use Fair Use Scenario 1 16/21

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Check what you know about Copyrights and Fair Use in this scenario. Let’s take a look at a scenario and determine the copyrighted work is defended by Fair Use.

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Fair Use Scenario 2 17/21

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No: You have selected the correct answer. Four chapters of the book is a substantial amount and is the heart of the work. The professor would need to get permission from the owner or should consider assigning the book to the students.

Yes: You have selected an incorrect answer. Try again.

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Fair Use Scenario 2 18/21

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No: You have selected an incorrect answer. Try again.

Yes: You have selected the correct answer. The movie clips are not substantial and do not represent the hear of the work. Fair Use defends using the movie clips in the class.

Read the scenario and select the best response.

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Answer Slide widget 19/21

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Balancing the Four Factors 20/21




Thank you for participating in the Copyright and Fair Use Tutorial.

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U05a1 Copyright and Fair Use References 21/21

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U05a1 Copyright and Fair Use Screen title: Introduction 1 ... · Fair Use 2 5/21 PPT image, text, Venn diagram image, call out box User control advance, auto advance to next slide

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