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Fair Use, Free BEST Use, And Use By Permission: How To Handle Copyrights In All Media Download Pdf



On the other hand, we want society as a whole to benefit from new ideas and information, and so copyright protection is limited. Copyright protects only the form in which ideas and information are expressed. Copyrights expire after a certain period of time. And the law allows certain limited uses of copyrighted material by others, without the creator's permission. The most important such use is "fair use," which is discussed in the next Section.




Fair Use, Free Use, and Use by Permission: How to Handle Copyrights in All Media download pdf



Noncommercial use is more likely to be deemed fair use than commercial use, and the statute expressly contrasts nonprofit educational purposes with commercial ones. However, uses made at or by a nonprofit educational institution may be deemed commercial if they are profit-making.


The two main considerations are whether the work is published or unpublished and how creative the work is. Unpublished works are accorded more protection than published ones, as the author has a strong right to determine whether and when his or her work will be made public. The fact that a previously published work is out of print may tend to favor fair use, since the work is not otherwise available.


To understand better how courts have applied the fair use test in different situations, you may find useful the summaries of selected fair use cases at _and_Fair_Use_Overview/chapter9/9-c.html. In addition, the U.S. Copyright Office maintains a Fair Use Index, which offers a searchable database of selected judicial decisions involving fair use, together with brief summaries: -use/.


For each item of copyrighted material you wish to use, make a good faith fair use determination. If you do not reasonably believe your proposed use passes the four factor test, you should obtain permission for the material or should not use it.


Apart from fair use, the Copyright Act contains a special provision, Section 110(1), that allows teachers to perform or display a copyrighted work, either live or recorded, "in the course of face-to-face teaching activities . . . in a classroom or similar place devoted to instruction." Thus, you can use sound recordings, live performances, readings, films or videotapes, slides or any other performance or display of copyrighted works without restriction and without permission, so long as you are teaching students in a classroom or similar place such as a studio. The only exception is that you may not use a film or videotape that you have reason to believe is an illegally made copy.


Copyright is the most important factor while using the image or graph. Just because we found it on the net does not mean that is free to use, is a point worth remembering. For that purpose images can be used from free sites or they are free for educational purposes


PRINCIPLE: Under fair use, educators using the concepts and techniques of media literacy can choose illustrative material from the full range of copyrighted sources and make them available to learners, in class, in workshops, in informal mentoring and teaching settings, and on school-related Web sites.


PRINCIPLE: Under fair use, educators using the concepts and techniques of media literacy can integrate copyrighted material into curriculum materials, including books, workbooks, podcasts, DVD compilations, videos, Web sites, and other materials designed for learning.


PRINCIPLE: Because media literacy education cannot thrive unless learners themselves have the opportunity to learn about how media functions at the most practical level, educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work. Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy.


TRUTH: Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both. Fair use applies to a wide variety of purposes, not just critical ones. Using an appropriate excerpt from copyrighted material to illustrate a key idea in the course of teaching is likely to be a fair use, for example. Indeed, the Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.


Yes, but it is important to prominently mark any third party materialyou incorporate into your work so reusers do not think the CC licenseapplies to that material. The CC license only applies to the rights youhave in the work. For example, if your CC-licensed slide deck includes aFlickr image you are using pursuant to fair use, make sure to identifythat image as not being subject to the CC license. For more informationabout incorporating work owned by others, see our page about marking third party content. Read moreconsiderations for licensors here.


You need to comply with the license terms if what you are doing wouldotherwise require permission from the rights holder. If your use wouldnot require permission from the rights holder because it falls under anexception or limitation, such as fair use, or because the material hascome into the public domain, the license does not apply, and you do notneed to comply with its terms and conditions. Additionally, if you areusing an excerpt small enough to be uncopyrightable, the license doesnot apply to your use, and you do not need to comply with its terms.


However, if you are using excerpts of CC-licensed material whichindividually are minimal and do not require license compliance, buttogether make up a significant copyrightable chunk, you must comply withthe license terms. For example, if you quote many individual lines froma poem across several sections of a blog post, and your use is not afair use, you must comply with the license even though no individualline would have been a substantial enough portion of the work to requirethis.


SCENARIO 6: A textbook hasn't arrived for the first week of the term. The professor wishes to place the first chapter online for her students to read. ALLOWED? Yes. A single chapter from a textbook is most likely fair use, especially when access is restricted to the students in a course. Copying more than one chapter may not be fair.


ALLOWED? Yes. This is another example of personal use. If one engages in the fair use analysis, one finds that: (1) the purpose of the use is educational versus commercial; (2) the professor is using the book, a creative work, for research purposes; (3) copying the entire book would normally exceed the bounds of fair use, however, since the book is out of print and no longer available from any other source, the copying is acceptable; (4) finally, the copying will have no impact on the market for the book because the book is no longer available from any other source.


FAIR USE? Yes. Distribution of multiple copies for classroom use is fair use. However, the repeated use of a copyrighted work, from term-to-term, requires more scrutiny in a fair use evaluation. Repeated use, as well as a large class size, may weigh against fair use.


The Facebook Terms of Service are one example of a license that specifies that others can share others' content on Facebook, such as posts and profile information. If you found the content on Facebook, or another social media platform, simply selecting "share" falls within the terms of the license, and you generally do not have to worry about copyright infringement issues. However, if you access content on a platform and share it with others outside the platform, you would likely have to either rely on an exemption in the law, such as fair use, or seek permission to legally reuse that content.


If, however, you decide to download or record content from YouTube, or a platform with a similar license agreement, you will likely now have to determine if your use falls under an exemption in the law, such as fair use, or if you need to seek permission for your particular use.


If you cannot find works (e.g. images, graphs, scholarly articles) that are not in the public domain or that do not have a Creative Commons License, then you may need to rely on fair use. You can learn more about fair use by taking the MIT Fair Use Quiz. If you do need to rely on fair use for the use of copyrighted materials in your ETDR, remember the four factors of fair use, and in particular, remember that if you need to use it, you should verify that all of the following are true:


Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides four standards for determination of the fair use exemption:


A: Sorry, you were misinformed. Copyright law applies in the educational context as well as any other. The good news is that a special statutory exemption (17 U.S.C. 110) allows movies, videotaped materials, and sound recordings to be played in a face-to-face classroom setting for educational purposes without restriction, provided that they are played from lawfully-acquired media (i.e. a licensed DVD or CD, not a "pirated" copy or something you downloaded from the Internet). Also, the "fair use doctrine" allows limited uses of copyrighted materials under certain circumstances. While "fair use" law is fairly murky overall, educators may rely on a generally-agreed set of "Educational Fair Use Guidelines" that clarify when and to what extent copyrighted materials may be freely used in the classroom (see "Educational Fair Use Guidelines" in basic memo). Instructors who want to use copyrighted materials in ways that exceed what is sanctioned by the Educational Fair Use Guidelines may find they will have to obtain permission from the copyright holder.


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