Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web

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1 Cpyright Guidelines fr COM THE FLORIDA STATE UNIVERSITY Cllege f Medicine Tallahassee, Flrida Telephne: (850) , FAX: (850) Cpyright and Fair Use in the Classrm, n the Internet, and the Wrld Wide Web The cpyright prtectins that we nrmally assciate with print als gvern the use f audi, vide, images, and text n the Internet and the Wrld Wide Web (WWW). The intuitive interface f the WWW makes it easy fr the cmputer user t cpy and use images, text, vide and ther graphics that are likely t be prtected by cpyright. A dcument may be cpyrighted even if it des nt explicitly state that it is cpyrighted. As a result, it is a gd idea t assume materials such as dcuments, images, r vide clips are cpyrighted. Educatrs can avid cpyright vilatins and legally use cpyrighted materials if they understand and cmply with the fair use guidelines. If yu believe, after yu review this dcument, that yur prpsed use des nt cmply with fair use guidelines, yu always have the ptin t ask fr permissin frm the cpyright hlder. An Intrductin t Cpyright What Is Cpyright? Simply put, "cpyright is a legal device that prvides the creatr f a wrk f art r literature, r a wrk that cnveys infrmatin r ideas, the right t cntrl hw the wrk is used." Stephen Fishman, Esq. The Cpyright Handbk, The intent f cpyright is t advance the prgress f knwledge by giving an authr f a wrk an ecnmic incentive t create new wrks. What Can be Cpyrighted? Tangible, riginal expressin. This means, fr example, that a verbal presentatin that is nt recrded cannt be cpyrighted. Hwever, anything that is tangible can be cpyrighted. There are three fundamental requirements fr smething t be cpyrighted: Fixatin: Surce fr this paper is lcated at: 1

2 Originality: DRAFT Cpyright Guidelines fr COM The item must be fixed in sme way. The fixatin may be just abut anything. Fr example, a piece f paper, a cmputer disk, a auditape, r a videtape are all legitimate frms f fixatin. The wrk must be riginal. Originality includes a nvel r a student's message t a prfessr. Bth are cnsidered examples f riginal expressin. It is nt necessary fr the wrk t be cmpletely riginal. Wrks may be cmbined, adapted, r transfrmed in new ways that wuld make them eligible fr cpyright prtectin. Minimal Creativity: The wrk must include smething that is abve and beynd the riginal. Verbatim use is nt cnsidered riginal. Reference t the riginal wrk that is used t discuss a new cncept wuld be cnsidered riginal, hwever. Creativity need nly be extremely slight fr the wrk t be eligible fr prtectin. An Intrductin t Fair Use What is Fair Use? Fair use is the mst significant limitatin n the cpyright hlder's exclusive rights. Deciding whether the use f a wrk is fair IS NOT a science. There are n set guidelines that are universally accepted. Instead, the individual wh wants t use a cpyrighted wrk must weigh fur factrs: The purpse and character f the use: Is the new wrk merely a cpy f the riginal? If it is simply a cpy, it is nt as likely t be cnsidered fair use. Des the new wrk ffer smething abve and beynd the riginal? Des it transfrm the riginal wrk in sme way? If the wrk is altered significantly, used fr anther purpse, appeals t a different audience, it mre likely t be cnsidered fair use. Is the use f the cpyrighted wrk fr nnprfit r educatinal purpses? The use f cpyrighted wrks fr nnprfit r educatinal purpses is mre likely t be cnsidered fair use. The nature f the cpyrighted wrk: Is the cpyrighted wrk a published r unpublished wrks? Unpublished wrks are less likely t be cnsidered fair use. Is the cpyrighted wrk ut f print? If it is, it is mre likely t be cnsidered fair use. Is the wrk factual r artistic? The mre a wrk tends tward artistic expressin, the less likely it will be cnsidered fair use. Surce fr this paper is lcated at: 2

3 Cpyright Guidelines fr COM The amunt and substantiality f the prtin used: The mre yu use, the less likely it will be cnsidered fair use. Des the amunt yu use exceed a reasnable expectatin? If it appraches 50 percent f the entire wrk, it is likely t be cnsidered an unfair use f the cpyrighted wrk. Is the particular prtin used likely t adversely affect the authr's ecnmic gain? If yu use the "heart" r "essence" f a wrk, it is less likely yur use will be cnsidered fair. The effect f use n the ptential market fr the cpyrighted wrk: The mre the new wrk differs frm the riginal, the less likely it will be cnsidered an infringement. Des the wrk appeal t the same audience as the riginal? If the answer is yes, it will likely be cnsidered an infringement. Des the new wrk cntain anything riginal? If it des, it is mre likely the use f the cpyrighted material will be seen as fair use. Cpyright and Electrnic Publishing The same cpyright prtectins exist fr the authr f a wrk regardless f whether the wrk is in a database, CD-ROM, bulletin bard, r n the Internet. If yu make a cpy frm an electrnic surce, such as the Internet r WWW, fr yur persnal use, it is likely t be seen as fair use. Hwever, if yu make a cpy and put it n yur persnal WWW site, it less likely t be cnsidered fair use. The Internet IS NOT the public dmain. There are bth uncpyrighted and cpyrighted materials available. Assume a wrk is cpyrighted. Tips fr the Internet Always credit the surce f yur infrmatin Find ut if the authr f a wrk (e.g., vide, audi, graphic, icn) prvides infrmatin n hw t use his r her wrk. If explicit guidelines exist, fllw them. Whenever feasible, ask the wner f the cpyright fr permissin. Keep a cpy f yur request fr permissin and the permissin received. Student Guidelines Students may incrprate prtins f cpyrighted materials when prducing a prject fr a specific curse. Students may perfrm and display their wn prjects and use them in their prtfli r use the prject fr jb interviews r as supprting materials fr applicatin t graduate schl. Surce fr this paper is lcated at: 3

4 Cpyright Guidelines fr COM Types f media and permissable amunts Mtin media: Text material: Up t 10 percent f the ttal r three minutes, whichever is less. Up t 10 percent f the ttal r 1,000 wrds, whichever is less. An entire pem f less than 250 wrds may be used, but n mre than three pems by ne pet r five pems by different authrs in an anthlgy. Fr pems exceeding 250 wrds, 250 wrds shuld be used but n mre than three excerpts frm ne pet r five excerpts frm different pets in the same wrk Music, lyrics, and music vide: up t 10 percent f the wrk but n mre than 30 secnds f the music r lyrics frm an individual musical wrk. Illustratins r phtgraphs: n mre than five images frm ne artist r phtgrapher. n mre than 10% r 15 images, whichever is less, frm a cllectin. Numerical data sets: up t 10 percent r 2,500 fields r cell entries, whichever is less, frm a cpyrighted database r data table. Cpying f a multimedia prject: n mre than tw cpies may be made f a prject. When Shuld Yu Get Permissin? When yu intend t use the prject fr cmmercial r nneducatinal purpses. When yu intend t duplicate the prject beynd the tw cpies allwed by the guidelines. When yu plan t distribute the prject beynd the scpe f the guidelines. Summary f Multimedia Fair Use Guidelines Students may incrprate thers' wrks int their multimedia creatins and perfrm and display them fr academic assignments Faculty may incrprate thers' wrks int their multimedia creatins t create multimedia curriculum materials t teach remte classes where access and ttal number f students is limited; technlgy makes cpying impssible Surce fr this paper is lcated at: 4

5 Cpyright Guidelines fr COM if materials can be cpied, they may nly be made available remtely (by netwrk) fr 15 days and then must be placed n reserve fr n-site (at the remte lcatin) use nly Faculty may demnstrate their multimedia creatins at prfessinal sympsia and retain same in their wn prtflis Time limit n fair use: 2 years frm cmpletin f the multimedia wrk Cpies limit: generally, nly 2, but jint wrk creatrs may each have a cpy Prtin limits: mtin media - up t 10% r 3 minutes, whichever is less text - up t 10% r 1000 wrds, whichever is less pem - up t 250 wrds, but further limited t: three pems r prtins f pems by ne pet; r five pems r prtins f pems by different pets frm an anthlgy music - up t 10% r 30 secnds, whichever is less phts and images - up t 5 wrks frm ne authr; up t 10% r 15 wrks, whichever is less, frm a cllectin database infrmatin - up t 10% r 2500 fields r cell entries, whichever is less Surce fr this paper is lcated at: 5