This link has been bookmarked by 110 people . It was first bookmarked on 19 Jun 2007, by shornig.
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applies if the person who
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copied material reasonably believed that what he or she did
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was a fair use -
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it may be protected by other laws. For example, you may need to consider rights of privacy and publicity, ask permission to use a trade or service mark, or get a license to practice a patented process or system, but discussion of these rights and interests is beyond the scope of this Policy statement.
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27 Feb 11
Stephanie PasqualeThis article dicusses fair use, exemptions to copyright, and the tough question "how much is to much...." It lays out the information in a very easy to read, organized manner
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Answer these three questions to decide whether you need permission to use a copyrighted work.
1. Is the work protected?
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2. If the work is protected, do you wish to exercise one of the owner's exclusive rights?
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3. Is your use exempt or excused from liability for infringement?
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Performances and Displays in Face-to-Face Teaching and Distance Education
Educational institutions and governmental agencies are also authorized by a separate copyright statute to publicly display and perform others' works in the course of face-to-face teaching activities, and to a lesser degree, in digital distance education. These rights are described in Sections 110 (1) and (2), respectively, of the Copyright Act. More information about the recent expansion of Section 110(2)'s rights for digital distance education may be found in The TEACH Act.
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What is the character of the use?
What is the nature of the work to be used?
How much of the work will you use?
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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Michael RobinsonAn indepth class for the individual wishing to learn more about fair use of copyrighted material from the University of Texas.
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29 Sep 10
james mableThis website discusses Fair use of Copyrighted materials and takes the user to certain steps to figure out if it is ok to use copyrighted material. It aslo explains copyright infringement.
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. Is the work protected?
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Copyright does not protect, this Policy does not apply to, and anyone may freely use*:
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- Any work published on or before December 31, 1922 is now in the public domain.
- Works published between January 1, 1923 and December 31, 1978, inclusive, are protected for a term of 95 years from the date of publication, with the proper notice.
But, if the work was published between 1923 and December 31, 1963, when there used to be a (non-automatic) "renewal term," the copyright owner may not have renewed the work. If he or she did not renew, the original term of protection (28 years) would now be expired and these works will be in the public domain.
- After 1978, the way we measure the term of protection changes. It is no longer related to a date of publication, but rather 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.
- Finally, those works that were created before December 31, 1978, but never published, are now protected for the longer of life of the author plus 70 years or until December 31, 2002.
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. If the work is protected, do you wish to exercise one of the owner's exclusive rights?
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3. Is your use exempt or excused from liability for infringement?
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- Coursepacks
- Distance learning (performing others' works for distance learners)
- Image archives (like the Art History slide collection)
- Multimedia works (incorporating others' works in a multimedia work)
- Music
- Research copies
- Reserves
Fair Use Rules of Thumb
UT System has established Rules of Thumb for the following uses of copyrighted works:
Try to stay within the Rules of Thumb. Interpret them conservatively. If you need to make a more extensive use of another's work than suggested by the appropriate Rule of Thumb, or if there isn't an appropriate Rule of Thumb, use the four factor fair use test to determine whether the use is fair or requires permission.
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Copying, modifying, displaying, performing or distributing another's work beyond the suggestions of the Rules of Thumb may still be a fair use, so we'll use the four-factor fair use test to determine that. If you are part of U.T. System, you may confer with the Office of General Counsel or follow our published procedures for making fair use determinations. If the use seems risky or is clearly not a fair use, we'll try to make getting permission as easy as possible.
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Bill CampbellI found the section Four-Factor Test great for my own understanding, but I don't know that it is a good resource for kids.
fairuse education prj:CDM2 copyright prj:cdm imported-Delicious-07July2011
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08 Feb 10
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described as a shadowy territory whose boundaries are disputed, more so now that it includes cyberspace than ever before. In a way, it's like a no-man's land.
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Willful infringement means that you knew you were infringing and you did it anyway. Ignorance of the law, though, is no excuse.
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It is called the good faith fair use defense [17 USC 504(c)(2)]. It only applies if the person who copied material reasonably believed that what he or she did was a fair use - as would likely be the case if you followed this Policy
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. Is the work protected?
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authorizes educational performances and displays of entire works (like poems, plays, musical works and movies), but it significantly distinguishes between what can be performed in the classroom and what can be transmitted
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they authorize considerable performance activity without any need to refer to these Rules of Thumb or the Guidelines.
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Mary MurrayArticles giving fair use of copyrighted materials, what can and can not be copied from online and the written text.
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Intro | Liability | First Steps | Rules of Thumb
Four-Factor Test | PermissionWhat is fair use?
We would all appreciate a clear, crisp answer to that one, but far from clear and crisp, fair use is better described as a shadowy territory whose boundaries are disputed, more so now that it includes cyberspace than ever before. In a way, it's like a no-man's land. Enter at your own risk.
Why is it like this and does it have to be this way? Is there no alternative to the vagueness of the "four factor fair use analysis," to fear of lawsuits and frustration with uncertainty? Maybe it is reasonable to simply throw up our hands and say, "What's the use?" After all, 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. But the fact is, we really must understand and rely on it.
So wouldn't Guidelines help? Many people who think so recently gathered in Washington to negotiate Guidelines for Educational Uses of Digital Works in a two-year-long Conference on Fair Use ("CONFU"). For many, the Guidelines that emerged satisfied the need for clarity; but for some, considerable objections remained. Some CONFU participants and their constituents complained that the Guidelines were too narrow; others that they were too broad; or unfounded in the law; or too premature; or too long; or unclear; and so on. In the minds of many, the Guidelines asked the right questions, but for some, they provided the wrong answers
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07 Jan 09
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03 Dec 08
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- Coursepacks
- Distance learning (performing others' works for distance learners)
- Image archives (like the Art History slide collection)
- Multimedia works (incorporating others' works in a multimedia work)
- Music
- Research copies
- Reserves
UT System has established Rules of Thumb for the following uses of copyrighted works:
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14 Nov 08
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16 Aug 08
CACC CACCProtected works
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03 Nov 07
William Bauer"Rules of Thumb" for the Fair Use of Copyrighted Materials. Like the Guidelines from which they are in some cases derived, the Rules of Thumb are tailored to different uses of others' works. But unlike the Guidelines, they are short, concise, and easy to
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