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Fair Use ActFair Use Act
Jerry HindbergAssociate Director
Network & Client Support ServicesLewis-Clark State College
September 24, 2014
Copyright Alert SystemCopyright Alert System
http://www.youtube.com/watch?v=kQTONXs_N-A
Higher EducationHigher Education
Use of copyrighted material must be protectedMission of higher education is to advance
knowledge
Fair Use ActFair Use Act
Enacted October 28, 1998Section 107 of the Copyright Act of 1976.
Limitations on exclusive rights: Fair Use
Four Factors from Fair Use Statute
Four Factors from Fair Use Statute
PurposeNatureAmountEffect
PurposePurpose
Commercial or Non-Profit Educational PurposeTransformativeMultiple copies for educational classroom use
NatureNature
Characteristics being used?Nonfiction v fiction?Commercial Work?Educational Work?
AmountAmount
Quantitative and Qualitatively MeasuredExact measure of quantity does not existJournal Article ?Amount and substantiality of portion used in
relation to the work as a whole
EffectEffect
Effect on potential market or value of the workIs purpose for research and scholarshipIf purpose is commercial, effect is presumedDoes work compete with existing work?Opposing viewSome courts believe this to be the most
important factor
Case – Electronic ReservesCase – Electronic Reserves
Rhonda Combs has scanned several articles and posts them to BlackBoard. She instructs the students on how to access them so they can complete their assignments.
PurposePurpose
EducationalAccess RestrictionsMonetary?Network Access?
NatureNature
Current article?Commercial or Educational?Fiction or nonfictionField of Study
AmountAmount
Entire original document?Transformed document?
EffectEffect
Research or scholarship?Market EffectPotential Market?Commercial v Educational
What is Copyright MaterialWhat is Copyright Material
books, articles, photographs, paintings, sculpture, software, websites, architecture, ballets, music, sound recordings, and even doodles, scribbles, and graffiti.
Doesn’t the "Fair Use doctrine" give me the right to download and upload
copies of music I’ve purchased?
Doesn’t the "Fair Use doctrine" give me the right to download and upload
copies of music I’ve purchased?No, it doesn’t. In certain instances, the use of a copyrighted work
for purposes such as criticism, comment, news reporting, teaching, scholarship or research might not constitute infringement, depending on (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work has a whole, and (4) the effect of the use on the potential market for or value of the copyrighted work. However, courts have rejected the notion that uploading and downloading copyrighted sound recordings without permission constitutes "fair use."
Copyright Ruling Aids EducationCopyright Ruling Aids Education
New interpretations of the Digital Millennium Copyright Act are being issued
Students and Faculty can legally ‘rip’ portions of DVDs for use in media-studies classes according to federal officials
ReasonScholarly work for presentations in a large
classroom setting requires high quality K-12 does not fall under this ruling, it is only for
higher educationeCampus News.com September 2010
Music Fan Owes $675,000Music Fan Owes $675,000
2009 – Boston jury downgraded a ruling against Joel Tenenbaum for illegally downloading music files. Original ruling, $675,000 reduced to $67,500 deeming it excessive
On Sept 16, 2011 – appeals court reinstates original judgment
June 25, 2013 – court affirms judgment
ConclusionConclusion
People always differ on applicabilityFour factors need not lean in one directionA balance of the four factors is the most reliable
and defensible decision method
US Copyright US Copyright
http://www.copyright.gov/laws/Full Text of the Digital Millennium Copyright Act
http://thomas.loc.gov/cgibin/query/z?c105:H.R.2281.ENR.http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-
Statement.html
COPYRIGHT, PIRACY & DIGITAL RIGHTS MANAGEMENT
COPYRIGHT, PIRACY & DIGITAL RIGHTS MANAGEMENT
--Taiwanese Piracy Gang Gets Jail Time (February 4, 2008) Members of a software piracy group in Taiwan have been sentenced to prison. Maximus Technology is believed to be responsible for selling counterfeit software worth approximately US $900 million. Maximus owner Huang Jer-Sheng received a four-year prison sentence; three co-defendants received sentences ranging from 18 months to three years.
Counterfeit copies of more than 20 different Microsoft software products in seven languages were produced and sold.
http://www.channelregister.co.uk/2008/02/04/microsoft_counterfeiters_do_taiwan_jailtime/print.html
QuestionsQuestions