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Fair Use DoctrineFair Use Doctrine

Presented by: Jonathan DenhamPresented by: Jonathan Denham

October 13October 13thth, 2006, 2006

Pedagogy HCOM 595Pedagogy HCOM 595

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OverviewOverview

Introduction and definition of fair useIntroduction and definition of fair use

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OverviewOverview

Introduction and definition of fair useIntroduction and definition of fair use

Background of fair useBackground of fair use

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OverviewOverview

Introduction and definition of fair useIntroduction and definition of fair use

Background of fair useBackground of fair use

Different contexts of fair useDifferent contexts of fair use

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OverviewOverview

Introduction and definition of fair useIntroduction and definition of fair use

Background of fair useBackground of fair use

Different contexts of fair useDifferent contexts of fair use

How to know if something is fair useHow to know if something is fair use

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What does that mean?W

hat does that mean? Definition of fair use:Definition of fair use:

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What does that mean?W

hat does that mean? Definition of fair use:Definition of fair use:

Fair use is a limitation on the exclusive rights of the copyrightFair use is a limitation on the exclusive rights of the copyright

owner (Lloyd L. Rich)owner (Lloyd L. Rich)

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What does that mean?W

hat does that mean? Definition of fair use:Definition of fair use:

Fair use is a limitation on the exclusive rights of the copyrightFair use is a limitation on the exclusive rights of the copyright

owner (Lloyd L. Rich)owner (Lloyd L. Rich)

Educational fair useEducational fair use means direct copying of the work inmeans direct copying of the work in

question with little change, for the purpose of providingquestion with little change, for the purpose of providing

materials to students in a nonprofit educational institutionmaterials to students in a nonprofit educational institution

(Wesley D. Blakeslee)(Wesley D. Blakeslee)

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BackgroundBackground Some very early cases of educational fair use:Some very early cases of educational fair use:

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BackgroundBackground Some very early cases of educational fair use:Some very early cases of educational fair use:

MacMillan v. King,MacMillan v. King, 223F. 862 (D. Mass. 1914): defendant, as223F. 862 (D. Mass. 1914): defendant, as

part of his practice of tutoring individual pupils, preparedpart of his practice of tutoring individual pupils, prepared

outlines of the copyrighted material, and distributed them foroutlines of the copyrighted material, and distributed them forthe use of defendant's pupils.the use of defendant's pupils. INFRINGEMENTINFRINGEMENT

Wesley D. Blakeslee

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BackgroundBackground Some very early cases of educational fair use:Some very early cases of educational fair use:

MacMillan v. King,MacMillan v. King, 223F. 862 (D. Mass. 1914): defendant, as223F. 862 (D. Mass. 1914): defendant, as

part of his practice of tutoring individual pupils, preparedpart of his practice of tutoring individual pupils, prepared

outlines of the copyrighted material, and distributed them foroutlines of the copyrighted material, and distributed them forthe use of defendant's pupils.the use of defendant's pupils. INFRINGEMENTINFRINGEMENT

Wihtol v. Crow,Wihtol v. Crow, 309 F. 2D 777 (8309 F. 2D 777 (8thth Cir. 1962): defendant wasCir. 1962): defendant was

the head of the vocal departments of a junior college andthe head of the vocal departments of a junior college and

high school and a church choir director, and had created anhigh school and a church choir director, and had created anarrangement of very popular hymn for use by the school andarrangement of very popular hymn for use by the school and

church choirs.church choirs. INFRINGEMENTINFRINGEMENT

Wesley D. Blakeslee

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BackgroundBackground More thorough definition:More thorough definition:

Fair use is a doctrine in United States copyright law that allowsFair use is a doctrine in United States copyright law that allows

limited use of copyrighted material without requiring permission fromlimited use of copyrighted material without requiring permission fromthe rights holders, such as use for scholarship or review. Itthe rights holders, such as use for scholarship or review. It

provides for the legal, nonprovides for the legal, non--licensed citation or incorporation oflicensed citation or incorporation of

copyrighted material in another author's work under a fourcopyrighted material in another author's work under a four--factorfactor

balancing test. It is based on free speech rights provided by thebalancing test. It is based on free speech rights provided by the

First Amendment to the United States Constitution. The term fairFirst Amendment to the United States Constitution. The term fair

use is unique to the United States; a similar principle, fair dealing,use is unique to the United States; a similar principle, fair dealing,exists in some other common law jurisdictions. (Wikipedia)exists in some other common law jurisdictions. (Wikipedia)

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BackgroundBackgroundThe legal concept of "copyright" was first ratified by the United Kingdoms Statute ofThe legal concept of "copyright" was first ratified by the United Kingdoms Statute of

Anne of 1709. As room was not made for the authorized reproduction of copyrightedAnne of 1709. As room was not made for the authorized reproduction of copyrighted

content within this newly formulated statutory right, the courts gradually created a doctrinecontent within this newly formulated statutory right, the courts gradually created a doctrine

of "fair abridgement", which later became "fair use", that recognized the utility of suchof "fair abridgement", which later became "fair use", that recognized the utility of such

actions. The doctrine only existed in the U.S. as common law until it was incorporated intoactions. The doctrine only existed in the U.S. as common law until it was incorporated into

the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

(Wikipedia)

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BackgroundBackgroundThe legal concept of "copyright" was first ratified by the United Kingdoms Statute ofThe legal concept of "copyright" was first ratified by the United Kingdoms Statute of

Anne of 1709. As room was not made for the authorized reproduction of copyrightedAnne of 1709. As room was not made for the authorized reproduction of copyrighted

content within this newly formulated statutory right, the courts gradually created a doctrinecontent within this newly formulated statutory right, the courts gradually created a doctrine

of "fair abridgement", which later became "fair use", that recognized the utility of suchof "fair abridgement", which later became "fair use", that recognized the utility of such

actions. The doctrine only existed in the U.S. as common law until it was incorporated intoactions. The doctrine only existed in the U.S. as common law until it was incorporated into

the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrightedNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted

work, including such use by reproduction in copies or phonorecords or by any otherwork, including such use by reproduction in copies or phonorecords or by any other

means specified by that section, for purposes such as criticism, comment, news reporting,means specified by that section, for purposes such as criticism, comment, news reporting,

teaching (including multiple copies for classroom use), scholarship, or research, is not anteaching (including multiple copies for classroom use), scholarship, or research, is not an

infringement of copyright. In determining whether the use made of a work in any particularinfringement of copyright. In determining whether the use made of a work in any particular

case is a fair use the factors to be considered shall includecase is a fair use the factors to be considered shall include

(Wikipedia)

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BackgroundBackgroundThe legal concept of "copyright" was first ratified by the United Kingdoms Statute ofThe legal concept of "copyright" was first ratified by the United Kingdoms Statute of

Anne of 1709. As room was not made for the authorized reproduction of copyrightedAnne of 1709. As room was not made for the authorized reproduction of copyrighted

content within this newly formulated statutory right, the courts gradually created a doctrinecontent within this newly formulated statutory right, the courts gradually created a doctrine

of "fair abridgement", which later became "fair use", that recognized the utility of suchof "fair abridgement", which later became "fair use", that recognized the utility of such

actions. The doctrine only existed in the U.S. as common law until it was incorporated intoactions. The doctrine only existed in the U.S. as common law until it was incorporated into

the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrightedNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted

work, including such use by reproduction in copies or phonorecords or by any otherwork, including such use by reproduction in copies or phonorecords or by any other

means specified by that section, for purposes such as criticism, comment, news reporting,means specified by that section, for purposes such as criticism, comment, news reporting,

teaching (including multiple copies for classroom use), scholarship, or research, is not anteaching (including multiple copies for classroom use), scholarship, or research, is not an

infringement of copyright. In determining whether the use made of a work in any particularinfringement of copyright. In determining whether the use made of a work in any particular

case is a fair use the factors to be considered shall includecase is a fair use the factors to be considered shall include

1.1. the purpose and character of the use, including whether such use is of a commercialthe purpose and character of the use, including whether such use is of a commercial

nature or is for nonprofit educational purposes;nature or is for nonprofit educational purposes;

(Wikipedia)

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BackgroundBackgroundThe legal concept of "copyright" was first ratified by the United Kingdoms Statute ofThe legal concept of "copyright" was first ratified by the United Kingdoms Statute of

Anne of 1709. As room was not made for the authorized reproduction of copyrightedAnne of 1709. As room was not made for the authorized reproduction of copyrighted

content within this newly formulated statutory right, the courts gradually created a doctrinecontent within this newly formulated statutory right, the courts gradually created a doctrine

of "fair abridgement", which later became "fair use", that recognized the utility of suchof "fair abridgement", which later became "fair use", that recognized the utility of such

actions. The doctrine only existed in the U.S. as common law until it was incorporated intoactions. The doctrine only existed in the U.S. as common law until it was incorporated into

the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrightedNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted

work, including such use by reproduction in copies or phonorecords or by any otherwork, including such use by reproduction in copies or phonorecords or by any other

means specified by that section, for purposes such as criticism, comment, news reporting,means specified by that section, for purposes such as criticism, comment, news reporting,

teaching (including multiple copies for classroom use), scholarship, or research, is not anteaching (including multiple copies for classroom use), scholarship, or research, is not an

infringement of copyright. In determining whether the use made of a work in any particularinfringement of copyright. In determining whether the use made of a work in any particular

case is a fair use the factors to be considered shall includecase is a fair use the factors to be considered shall include

1.1. the purpose and character of the use, including whether such use is of a commercialthe purpose and character of the use, including whether such use is of a commercial

nature or is for nonprofit educational purposes;nature or is for nonprofit educational purposes;

2.2. the nature of the copyrighted work;the nature of the copyrighted work;

(Wikipedia)

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BackgroundBackgroundThe legal concept of "copyright" was first ratified by the United Kingdoms Statute ofThe legal concept of "copyright" was first ratified by the United Kingdoms Statute of

Anne of 1709. As room was not made for the authorized reproduction of copyrightedAnne of 1709. As room was not made for the authorized reproduction of copyrighted

content within this newly formulated statutory right, the courts gradually created a doctrinecontent within this newly formulated statutory right, the courts gradually created a doctrine

of "fair abridgement", which later became "fair use", that recognized the utility of suchof "fair abridgement", which later became "fair use", that recognized the utility of such

actions. The doctrine only existed in the U.S. as common law until it was incorporated intoactions. The doctrine only existed in the U.S. as common law until it was incorporated into

the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrightedNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted

work, including such use by reproduction in copies or phonorecords or by any otherwork, including such use by reproduction in copies or phonorecords or by any other

means specified by that section, for purposes such as criticism, comment, news reporting,means specified by that section, for purposes such as criticism, comment, news reporting,

teaching (including multiple copies for classroom use), scholarship, or research, is not anteaching (including multiple copies for classroom use), scholarship, or research, is not an

infringement of copyright. In determining whether the use made of a work in any particularinfringement of copyright. In determining whether the use made of a work in any particular

case is a fair use the factors to be considered shall includecase is a fair use the factors to be considered shall include

1.1. the purpose and character of the use, including whether such use is of a commercialthe purpose and character of the use, including whether such use is of a commercial

nature or is for nonprofit educational purposes;nature or is for nonprofit educational purposes;

2.2. the nature of the copyrighted work;the nature of the copyrighted work;

3.3. the amount and substantiality of the portion used in relation to the copyrighted workthe amount and substantiality of the portion used in relation to the copyrighted work

as a whole; andas a whole; and

(Wikipedia)

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BackgroundBackgroundThe legal concept of "copyright" was first ratified by the United Kingdoms Statute ofThe legal concept of "copyright" was first ratified by the United Kingdoms Statute of

Anne of 1709. As room was not made for the authorized reproduction of copyrightedAnne of 1709. As room was not made for the authorized reproduction of copyrighted

content within this newly formulated statutory right, the courts gradually created a doctrinecontent within this newly formulated statutory right, the courts gradually created a doctrine

of "fair abridgement", which later became "fair use", that recognized the utility of suchof "fair abridgement", which later became "fair use", that recognized the utility of such

actions. The doctrine only existed in the U.S. as common law until it was incorporated intoactions. The doctrine only existed in the U.S. as common law until it was incorporated into

the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrightedNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted

work, including such use by reproduction in copies or phonorecords or by any otherwork, including such use by reproduction in copies or phonorecords or by any other

means specified by that section, for purposes such as criticism, comment, news reporting,means specified by that section, for purposes such as criticism, comment, news reporting,

teaching (including multiple copies for classroom use), scholarship, or research, is not anteaching (including multiple copies for classroom use), scholarship, or research, is not an

infringement of copyright. In determining whether the use made of a work in any particularinfringement of copyright. In determining whether the use made of a work in any particular

case is a fair use the factors to be considered shall includecase is a fair use the factors to be considered shall include

1.1. the purpose and character of the use, including whether such use is of a commercialthe purpose and character of the use, including whether such use is of a commercial

nature or is for nonprofit educational purposes;nature or is for nonprofit educational purposes;

2.2. the nature of the copyrighted work;the nature of the copyrighted work;

3.3. the amount and substantiality of the portion used in relation to the copyrighted workthe amount and substantiality of the portion used in relation to the copyrighted work

as a whole; andas a whole; and

4.4. the effect of the use upon the potential market for or value of the copyrighted work.the effect of the use upon the potential market for or value of the copyrighted work.(Wikipedia)

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Fair Use in MediaFair Use in Media

Rule of thumb:Rule of thumb:

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Fair Use in MediaFair Use in Media

Rule of thumb: Avoid using a rule ofRule of thumb: Avoid using a rule of

thumb.thumb.

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Fair Use in MediaFair Use in Media

Rule of thumb: Avoid using a rule ofRule of thumb: Avoid using a rule of

thumb.thumb.

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Fair Use in MediaFair Use in Media

Rule of thumb: Avoid using a rule ofRule of thumb: Avoid using a rule of

thumb.thumb.

No one can ever know whether a use isNo one can ever know whether a use is

fair by the use of any hard and fast rule.fair by the use of any hard and fast rule.

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Fair Use in MediaFair Use in Media

Rule of thumb: Avoid using a rule ofRule of thumb: Avoid using a rule of

thumb.thumb.

No one can ever know whether a use isNo one can ever know whether a use is

fair by the use of any hard and fast rule.fair by the use of any hard and fast rule.

Take a scene from a fictional movie on aTake a scene from a fictional movie on a

VHS and copy it to a DVD?VHS and copy it to a DVD?

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Fair Use in MediaFair Use in Media

Rule of thumb: Avoid using a rule ofRule of thumb: Avoid using a rule of

thumb.thumb.

No one can ever know whether a use isNo one can ever know whether a use is

fair by the use of any hard and fast rule.fair by the use of any hard and fast rule.

Take a scene from a fictional movie on aTake a scene from a fictional movie on a

VHS and copy it to a DVD?VHS and copy it to a DVD? Considered fair useConsidered fair use

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Fair Use in MediaFair Use in Media Showing a copyrighted movie or tapedShowing a copyrighted movie or taped

video program in the classroom?video program in the classroom?

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Fair Use in MediaFair Use in Media Showing a copyrighted movie or tapedShowing a copyrighted movie or taped

video program in the classroom?video program in the classroom?

Considered fair useConsidered fair use

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Fair Use in MediaFair Use in Media Showing a copyrighted movie or tapedShowing a copyrighted movie or taped

video program in the classroom?video program in the classroom?

Considered fair useConsidered fair use

Must be from a lawfully obtained copy e.g.,Must be from a lawfully obtained copy e.g.,

could not use one that was pirated fromcould not use one that was pirated from

the Internetthe Internet

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Fair Use in MediaFair Use in Media Copying several excerpts of differentCopying several excerpts of different

movies onto one single tape or DVD tomovies onto one single tape or DVD to

show in class?show in class?

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Fair Use in MediaFair Use in Media Copying several excerpts of differentCopying several excerpts of different

movies onto one single tape or DVD tomovies onto one single tape or DVD to

show in class?show in class?

Fair useFair use

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Fair Use in MediaFair Use in Media A showing that is a private and not aA showing that is a private and not a

public performancepublic performance

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Fair Use in MediaFair Use in Media A showing that is a private and not aA showing that is a private and not a

public performancepublic performance

The fewer number of people the less likelyThe fewer number of people the less likely

it will be considered publicit will be considered public

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Fair Use in MediaFair Use in Media A showing that is a private and not aA showing that is a private and not a

public performancepublic performance

The fewer number of people the less likelyThe fewer number of people the less likely

it will be considered publicit will be considered public

The performance is of a work created byThe performance is of a work created by

the U.S. governmentthe U.S. government

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Fair Use in MediaFair Use in Media A showing that is a private and not aA showing that is a private and not a

public performancepublic performance

The fewer number of people the less likelyThe fewer number of people the less likely

it will be considered publicit will be considered public

The performance is of a work created byThe performance is of a work created by

the U.S. governmentthe U.S. governmentWorks created by the federal governmentWorks created by the federal government

are not protected by copyrightare not protected by copyright

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Fair Use in MediaFair Use in Media A showing that is a private and not aA showing that is a private and not a

public performancepublic performance

The fewer number of people the less likelyThe fewer number of people the less likely

it will be considered publicit will be considered public

The performance is of a work created byThe performance is of a work created by

the U.S. governmentthe U.S. governmentWorks created by the federal governmentWorks created by the federal government

are not protected by copyrightare not protected by copyright

Ex: Military Films, Space ExplorationEx: Military Films, Space Exploration

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Current copyright law gives legal protection to nearly all text,Current copyright law gives legal protection to nearly all text,images, audiovisual recordings, and other course materials evenimages, audiovisual recordings, and other course materials even

if the original worksif the original works do notdo notinclude statements about copyrightinclude statements about copyright

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Current copyright law gives legal protection to nearly all text,Current copyright law gives legal protection to nearly all text,images, audiovisual recordings, and other course materials evenimages, audiovisual recordings, and other course materials even

if the original worksif the original works do notdo notinclude statements about copyrightinclude statements about copyright

Heres how you can know if it can be copiedHeres how you can know if it can be copied

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Current copyright law gives legal protection to nearly all text,Current copyright law gives legal protection to nearly all text,images, audiovisual recordings, and other course materials evenimages, audiovisual recordings, and other course materials even

if the original worksif the original works do notdo notinclude statements about copyrightinclude statements about copyright

Heres how you can know if it can be copied:Heres how you can know if it can be copied:

The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Current copyright law gives legal protection to nearly all text,Current copyright law gives legal protection to nearly all text,images, audiovisual recordings, and other course materials evenimages, audiovisual recordings, and other course materials even

if the original worksif the original works do notdo notinclude statements about copyrightinclude statements about copyright

Heres how you can know if it can be copied:Heres how you can know if it can be copied:

The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

The copyright owner grants permissionThe copyright owner grants permission

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Current copyright law gives legal protection to nearly all text,Current copyright law gives legal protection to nearly all text,images, audiovisual recordings, and other course materials evenimages, audiovisual recordings, and other course materials even

if the original worksif the original works do notdo notinclude statements about copyrightinclude statements about copyright

Heres how you can know if it can be copied:Heres how you can know if it can be copied:

The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

The copyright owner grants permissionThe copyright owner grants permission The material is in the public domainThe material is in the public domain

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Current copyright law gives legal protection to nearly all text,Current copyright law gives legal protection to nearly all text,images, audiovisual recordings, and other course materials evenimages, audiovisual recordings, and other course materials even

if the original worksif the original works do notdo notinclude statements about copyrightinclude statements about copyright

Heres how you can know if it can be copied:Heres how you can know if it can be copied:

The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

The copyright owner grants permissionThe copyright owner grants permission The material is in the public domainThe material is in the public domain

The use of the material is considered fair use under the lawThe use of the material is considered fair use under the law

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Fair Use in Classroom HandoutsFair Use in Classroom Handouts Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Common issues: involve copying of articles from journals orCommon issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Current copyright law gives legal protection to nearly all text,Current copyright law gives legal protection to nearly all text,images, audiovisual recordings, and other course materials evenimages, audiovisual recordings, and other course materials even

if the original worksif the original works do notdo notinclude statements about copyrightinclude statements about copyright

Heres how you can know if it can be copied:Heres how you can know if it can be copied:

The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

The copyright owner grants permissionThe copyright owner grants permission The material is in the public domainThe material is in the public domain

The use of the material is considered fair use under the lawThe use of the material is considered fair use under the law

The material falls within another statutory exceptionThe material falls within another statutory exception

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Fair Use For PhotosFair Use For Photos Photos taken from the InternetPhotos taken from the Internet

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Fair Use For PhotosFair Use For Photos Photos taken from the InternetPhotos taken from the Internet

Yahoo images, Google images, and othersYahoo images, Google images, and others

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Fair Use For PhotosFair Use For Photos Photos taken from the InternetPhotos taken from the Internet

Yahoo images, Google images, and othersYahoo images, Google images, and others

Probably considered fair useProbably considered fair use

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Determining Fair UseDetermining Fair Use The copyright law states that fair use of a copyrighted workThe copyright law states that fair use of a copyrighted work

without permission shall be for purposes such aswithout permission shall be for purposes such as

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Determining Fair UseDetermining Fair Use The copyright law states that fair use of a copyrighted workThe copyright law states that fair use of a copyrighted work

without permission shall be for purposes such as:without permission shall be for purposes such as:

Criticism and commentCriticism and comment

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Determining Fair UseDetermining Fair Use The copyright law states that fair use of a copyrighted workThe copyright law states that fair use of a copyrighted work

without permission shall be for purposes such as:without permission shall be for purposes such as:

Criticism and commentCriticism and comment

Parody and satireParody and satire

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Determining Fair UseDetermining Fair Use The copyright law states that fair use of a copyrighted workThe copyright law states that fair use of a copyrighted work

without permission shall be for purposes such as:without permission shall be for purposes such as:

Criticism and commentCriticism and comment

Parody and satireParody and satire Scholarship and researchScholarship and research

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Determining Fair UseDetermining Fair Use The copyright law states that fair use of a copyrighted workThe copyright law states that fair use of a copyrighted work

without permission shall be for purposes such as:without permission shall be for purposes such as:

Criticism and commentCriticism and comment

Parody and satireParody and satire Scholarship and researchScholarship and research

News reportingNews reporting

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Determining Fair UseDetermining Fair Use The copyright law states that fair use of a copyrighted workThe copyright law states that fair use of a copyrighted work

without permission shall be for purposes such as:without permission shall be for purposes such as:

Criticism and commentCriticism and comment

Parody and satireParody and satire Scholarship and researchScholarship and research

News reportingNews reporting

TeachingTeaching

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Determining Fair UseDetermining Fair Use The copyright law states that fair use of a copyrighted workThe copyright law states that fair use of a copyrighted work

without permission shall be for purposes such as:without permission shall be for purposes such as:

Criticism and commentCriticism and comment

Parody and satireParody and satire Scholarship and researchScholarship and research

News reportingNews reporting

TeachingTeaching

(These are under the stipulation that such fair use will not result in the(These are under the stipulation that such fair use will not result in theinfringement of a copyrighted work.)infringement of a copyrighted work.)

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Determining Fair UseDetermining Fair Use Must be applied to the 4Must be applied to the 4 pronged testpronged test

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Determining Fair UseDetermining Fair Use

Must be applied to the 4Must be applied to the 4 pronged testpronged test

1.1. The purpose and character of the useThe purpose and character of the use

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Determining Fair UseDetermining Fair Use

Must be applied to the 4Must be applied to the 4 pronged testpronged test

1.1. The purpose and character of the useThe purpose and character of the use

2.2. The nature of the copyrighted workThe nature of the copyrighted work

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Determining Fair UseDetermining Fair Use

Must be applied to the 4Must be applied to the 4 pronged testpronged test

1.1. The purpose and character of the useThe purpose and character of the use

2.2. The nature of the copyrighted workThe nature of the copyrighted work

3.3. The amount and substantiality of the portion used in relation toThe amount and substantiality of the portion used in relation tothe copyrighted work as a wholethe copyrighted work as a whole

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Determining Fair UseDetermining Fair Use

Must be applied to the 4Must be applied to the 4 pronged testpronged test

1.1. The purpose and character of the useThe purpose and character of the use

2.2. The nature of the copyrighted workThe nature of the copyrighted work

3.3. The amount and substantiality of the portion used in relation toThe amount and substantiality of the portion used in relation tothe copyrighted work as a wholethe copyrighted work as a whole

4.4. The effect of the use upon the potential market for or value of theThe effect of the use upon the potential market for or value of the

copyrighted workcopyrighted work

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Disclaimer:Disclaimer:

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Disclaimer:Disclaimer:

This is not considered legal advice. You shouldThis is not considered legal advice. You should

consult an attorney if you have legal questions thatconsult an attorney if you have legal questions that

relate to your specific publishing issues andrelate to your specific publishing issues and

projects.projects.

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??Questions????Questions??

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Thank you for your time!!Thank you for your time!!

Enjoy yourEnjoy yourFriday the 13Friday the 13thth

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Thank you for your time!!Thank you for your time!!

Enjoy yourEnjoy yourFriday the 13Friday the 13thth