This link has been bookmarked by 91 people and liked by 1 people. It was first bookmarked on 08 Apr 2008, by wayne anderson.
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14 Nov 15
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Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose?
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opyright does not protect, and anyone may freely use:
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US Government works
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Facts
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Ideas, processes, methods, and systems described in copyrighted works
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ny copyright notice on the original
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appropriate citations and attributions to the source
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Terminate access at the end of the class term when appropriate
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class assignments
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curriculum materials
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remote instruction
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student portfolios
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What is the character of the use?
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How much of the work will you use?
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06 Jul 15
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18 Mar 15
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08 Mar 15
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In cases like these we also look at whether the copyright owner makes licenses to use her work available on the open market -- whether there is an efficient and effective way to get a license that lets us do what we want to do.
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15 Feb 15
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What is the character of the use?
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What is the nature of the work to be used?
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How much of the work will you use?
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What effect would this use have on the market for the original or for permissions
if the use were widespread?
The four fair use factors:
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- Nonprofit
- Educational
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Imaginative
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Published
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An appropriate amount for a transformative purpose
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Proposed use is not transformative, but amount is small (10%/1 chapter)
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10 Feb 15
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08 Feb 15
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06 Oct 14
gabbyaltenorHarper, Georgia K. "Fair use of copyrighted materials." <i>copyright crash course<i>. University of Texas Libraries. Web. 6 Oct. 2014. <http://copyright.lib.utexas.edu/copypol2.html>.
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12 Jun 14
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29 Apr 14
Sarah Garveycopy right law and fair use.
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25 Apr 14
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For example, using a small image of a poster to illustrate a timeline is transformative; creating a parody of a song is transformative;
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In summary, transformative uses of appropriate amounts tend to be fair even if there is a license available.
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13 Apr 14
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09 Apr 14
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29 Mar 14
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Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose?
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Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose?
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Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use.
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If you would like to know more about a case on the subject of nonprofit educational non-transformative uses, please read Georgia State Electronic Course Materials Case.
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When we create materials in an educational setting, fair use is part of a web of authority we rely on to use others' works. No one strategy is enough today. Our libraries license millions of dollars' worth of academic resources for our use every year
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Creative Commons licensed works available online.
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Any work published on or before December 31, 1922 is now in the public domain.
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19 Mar 14
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12 Mar 14
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11 Mar 14
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26 Feb 14
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28 Jan 14
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17 Jan 14
Anne KlingenCopyright Crash Course
Copyright FairUse education fair use fair use texas University of Texas Library
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10 Oct 13
Max BurnsContent: Goes into depth of copyright rules
Credibility: Content is reliable and comes from an educated website
Critical Thinking: I have a reliable understanding of what a copyright is
Copyright: Material is in copyright ownership of The Copyright Crash Course
Citation: There is no direct source as to where the information came from
Continuity: This article is available to the public
Censorship: This article is available to the public
Connectivity: This article is available to the public
Comparability: Many other articles have very similar information about the content
Context:This site goes into depth and detail of copyright information and rules-
- Works that lack originality
- logical, comprehensive compilations (like the phone book)
- unoriginal reprints of public domain works
- Works in the public domain
- US Government works
- Facts
- Ideas, processes, methods, and systems described in copyrighted works
Copyright does not protect, and anyone may freely use:
The presence or absence of a copyright notice no longer carries the significance it once did because the law no longer requires a notice. Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a notice means virtually nothing.
- Works that lack originality
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02 Oct 13
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Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use.
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the lack of the kind of license we need to use the materials supports our relying on fair use due to the market's failure to meet our needs.
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We rely on implied licenses to make reasonable academic uses of the works we find freely available on the open Web
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lack of availability of a license weights in favor of fair use.
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The presence or absence of a copyright notice no longer carries the significance it once did because the law no longer requires a notice.
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After 1978, the way we measure the term of protection changes. It no longer begins on the date of publication, rather, it
runs for 70 years from the date the author dies (called, "life of the author" plus 70 years). Further, publication is irrelevant.
Works are protected whether they are published or not. -
Most nonprofit, educational uses would likely be within the scope of what people expect when they place materials on the open Web
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Providing attribution should become automatic for you, whenever you use others' works.
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- Criticism
- Commentary
- Newsreporting
- Parody
- Repurposing a work, providing a new context, or otherwise adding value
to the work - Nonprofit
- Educational
- Personal
- Commercial
FACTOR 1: What is the character of the use?
Uses on the left are examples of transformative purposes that tip the balance in favor of fair use. The use on the right tends to tip the balance in favor of the copyright owner - in favor of seeking permission. The uses in the middle support a determination of fair use, even if there is no transformative purpose. They also add weight to a transformative fair use claim. But even commercial uses can be fair when they involve repurposing of content, or adding value to it, such as but not limited to parody, criticism and commentary.
The uses on the left are strongly transformative when they use a work in a new way and serve a new market from the one the original was intended to serve. For example, using a small image of a poster to illustrate a timeline is transformative; creating a parody of a song is transformative; scholarly criticism that quotes to illustrate a point is transformative; a model's glossy photo used in a news report is transformative. All of these are examples of cases where commercial uses of an appropriate amount of another's work were found to be fair uses.
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But if the use is not transformative, the market matters a lot.
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In summary, transformative uses of appropriate amounts tend to be fair even if there is a license available. Non-transformative uses of materials for which there is a license of the type you need, readily available, require that you use only small parts (the 10%/1 chapter amounts the Georgia State Court utilized), and employ protections described in the center of the paradigm above to reduce the risk of harm to the copyright owner.
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29 Aug 13
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20 Aug 13
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using a small image of a poster to illustrate a timeline is transformative
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Proposed use is not transformative, but amount is small (10%/1 chapter
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09 Aug 13
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17 Jul 13
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The Best Practices statements follow recent trends in court decisions in collapsing the Fair Use Statute's four factors into two questions: Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose? Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use.
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19 Jun 13
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05 Jun 13
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Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose?
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21 Mar 13
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13 Dec 12
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14 Nov 12
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09 Nov 12
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23 Oct 12
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10 Oct 12
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26 Sep 12
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The Best Practices statements follow recent trends in court decisions in collapsing the Fair Use Statute's four factors into two questions: Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose? Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use.
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24 Sep 12
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12 Sep 12
George Bradford"Fair use of copyrighted materials
Intro | First steps | Quick guides to fair use in context | Four-factor test | Permission
What is fair use?
For those of us who would appreciate a clear, crisp answer to that one, we're in luck. The Center for Social Media and Washington School of Law at American University are sponsoring development of a growing number of Fair Use Best Practices statements that inform a fresh approach to the subject and make it easier than ever to know what's fair. The Best Practices statements follow recent trends in court decisions in collapsing the Fair Use Statute's four factors into two questions: Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose? Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use."education resources reference online useful_utility Copyright FairUse use fair
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01 Sep 12
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20 Aug 12
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17 Aug 12
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31 Jul 12
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Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose? Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use.
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11 May 12
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17 Apr 12
thatcher bohrmanIf there is little overlap in your needs and readily available digital collections, for example,
if your materials are no longer available or are rare: Digitize and use institutional works in accordance with the following limitations:
Limit access to all images, audio and audiovusual resources, except low resolution small images or short clips, to appropriate audiences such as students enrolled in a class and administrative staff as needed. Terminate access at the end of the class term when appropriate.
Faculty members also may use these works at peer conferences.
Students may download, print when needed and transmit digitized works for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images and perform audio and audiovisual works in works prepared for course assignments etc., and may keep works containing them in their portfolios.-
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If there is little overlap in your needs and readily available digital collections, for example,
if your materials are no longer available or are rare: Digitize and use institutional works in accordance with the following limitations:
Limit access to all images, audio and audiovusual resources, except low resolution small images or short clips, to appropriate audiences such as students enrolled in a class and administrative staff as needed. Terminate access at the end of the class term when appropriate.
Faculty members also may use these works at peer conferences.
Students may download, print when needed and transmit digitized works for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images and perform audio and audiovisual works in works prepared for course assignments etc., and may keep works containing them in their portfolios.
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If there is little overlap in your needs and readily available digital collections, for example,
if your materials are no longer available or are rare: Digitize and use institutional works in accordance with the following limitations:
Limit access to all images, audio and audiovusual resources, except low resolution small images or short clips, to appropriate audiences such as students enrolled in a class and administrative staff as needed. Terminate access at the end of the class term when appropriate.
Faculty members also may use these works at peer conferences.
Students may download, print when needed and transmit digitized works for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images and perform audio and audiovisual works in works prepared for course assignments etc., and may keep works containing them in their portfolios.
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If there is little overlap in your needs and readily available digital collections, for example,
if your materials are no longer available or are rare: Digitize and use institutional works in accordance with the following limitations:
Limit access to all images, audio and audiovusual resources, except low resolution small images or short clips, to appropriate audiences such as students enrolled in a class and administrative staff as needed. Terminate access at the end of the class term when appropriate.
Faculty members also may use these works at peer conferences.
Students may download, print when needed and transmit digitized works for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images and perform audio and audiovisual works in works prepared for course assignments etc., and may keep works containing them in their portfolios.
-
If there is little overlap in your needs and readily available digital collections, for example,
if your materials are no longer available or are rare: Digitize and use institutional works in accordance with the following limitations:
Limit access to all images, audio and audiovusual resources, except low resolution small images or short clips, to appropriate audiences such as students enrolled in a class and administrative staff as needed. Terminate access at the end of the class term when appropriate.
Faculty members also may use these works at peer conferences.
Students may download, print when needed and transmit digitized works for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images and perform audio and audiovisual works in works prepared for course assignments etc., and may keep works containing them in their portfolios.
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27 Mar 12
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of us have come to rely on implied licenses to make reasonable academic uses of the works we find freely available on the open Web. If it appears that you can't rely on library or CC licensed materials, or freely available Web materials for the use you want to make, getting alternative types of authority to use is becoming easier every day.
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Fair Use Checklist
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24 Jan 12
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20 Jan 12
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17 Jan 12
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10 Dec 11
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If you don't already have a right to use something you want (ie, a library license or CC license or implied license) and it would be easy to get permission to use it, relying on fair use to merely reproduce large numbers of copies is not your best choice, even for educational uses. But when none of these sources of authority works for the use you want to make of another's work, fair use will cover a certain amount of copying, modifying, displaying, performing or distributing. If you are part of U.T. System, you may confer with me, Georgia Harper or follow our published procedures for making fair use determinations.
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28 Sep 11
Michelle ParkerAn interesting article discussing fair use laws. It begins by defining fair use. It then lines out the first steps, rules of thumb, four-factor test and then permissions. It's a interesting read with great material.
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fair use is better described as a shadowy territory whose boundaries are disputed, more so now than ever, since it applies in the online environment.
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fails to provide effective guidance for the use of others' works today
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fair use is better described as a shadowy territory whose boundaries are disputed, more so now than ever, since it applies in the online environment.
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fair use is better described as a shadowy territory whose boundaries are disputed, more so now than ever, since it applies in the online
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environment.
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many legal scholars, politicians, copyright owners and users and their lawyers agree that fair use is so hard to understand that it fails to provide effective guidance for the use of others' works today.
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23 Sep 11
Madhulika TandonThis resource gives comprehensive details on what is fair use of copyrighted material
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19 Sep 11
Patrick WhiteThis is from the University of Texas. This too is very informative and goes over the necessary considerations regarding fair use and copyrights. This document also covers the four common factors regarding fair use. In this document examples and explanations are provided for these four factors.
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06 Sep 11
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03 Jul 11
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10 Jun 11
June GriffinREally clear resource on copyright rules -- scroll down for 4 factors to consider to determine if you can claim "fair use."
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incorporate others' works into their own original creations
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display and perform the resulting work
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class assignments
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curriculum materials
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remote instruction
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examinations
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student portfolios
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professional symposia.
Students, faculty and staff may
in connection with or creation of
2. Be conservative. Use only small amounts of other's works.
3. Limit copies and distribution.
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single chapters
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single articles from a journal issue
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several charts, graphs, illustrations
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other similarly small parts of a work.
Limit research copies to
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What is the character of the use?
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What is the nature of the work to be used?
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How much of the work will you use?
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What effect would this use have on the market for the original or for permissions
if the use were widespread?
The four fair use factors:
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03 Mar 11
michelle rosalesThis article explains deeply what fair use is and also talks about infringement. It also talks about the four factor fair use test, to determine if you are in violation.
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17 Nov 10
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24 Mar 09
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14 Nov 08
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02 Aug 08
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03 Apr 08
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04 Dec 07
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