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Copyright
Copyright
Copyright is a form of protection provided by the laws of the United States (title 17, U.S.Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
reproduce the work in copies or phonorecords
prepare derivative works based upon the work
distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works
display the 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
perform the work publicly (in the case of sound recordings*) by means of a digital audio transmission
http://www.copyright.gov/circs/circ01.pdf
Fair Use
Fair Use
Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:
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Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes:
Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes:
Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
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Nature of the copyrighted work:
Nature of the copyrighted work:
This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
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Amount and substantiality of the portion used in relation to the copyrighted work as a whole:
Amount and substantiality of the portion used in relation to the copyrighted work as a whole:
Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
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Effect of the use upon the potential market for or value of the copyrighted work:
Effect of the use upon the potential market for or value of the copyrighted work:
Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.
https://www.copyright.gov/fair-use/more-info.html
Additional Resources
Additional Resources
TEACH Act - Technology, Education and Copyright Harmonization Act. Its provisions enable educators to use copyrighted materials for distance education, with certain restrictions.
Copyright Law of the United States (and Related Laws Contained in Title 17)
Copyright Basics - US Copyright Office
ISTE - What Every Teacher Should Know About Copyright Law
Copyright Advisory Office - Columbia University
What is Fair Use? - Standford University
Fair Use Checklist - Columbia University
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