Offices of the American Library Association. George State Case: "Does Fair Use really work?"
Description of George State Case by Kevin Smith @ Duke. "Does Fair Use really work?" – katrinahsmith
Fair Use Guidelines for Educational Multimedia. Appendix J of the Conference on Fair Use's Final Report dated November 1998 Summarized & Re-edited: April 2010 Dr.
My first stop in determining educational fair use. CONFU Appendix from 1998 and republished in 2010. Easy to use on surface level with highlights of positive results for educational use of copyright. Also good for details on specific uses including technology, media, percentages, illustrations, copying, permissions, and attributions. – katrinahsmith
Fritz Dolak University Copyright Center Ball State University In November of 1998, the much-awaited Final Report from the Conference on Fair Use (CONFU) (PDF) was published.
In most educational institutions the CONFU process was considered a failure. The various guidelines that CONFU was mandated to accomplish were never achieved except for one: the Multimedia Guidelines. However, four positive results for the educational use of copyrighted materials come from these CONFU Multimedia Guidelines: 1. 2. 3. 4. DMCA Section 1201 Rulemaking to Determine Exemptions to the Prohibition on the Circumvention of Technological Controls to Copyrighted Works.
On October 25, 2012, the Register of Copyrights and the Librarian of Congress announced new recommendations for exemptions to Section 1201(a)(1)(A) of the Digital Millennium Copyright Act (DMCA).
Digital Millennium Coypright Act of 2012 was a success for differently-abled, educators and technology savvy people by disallowing companies to create controls that prevent access to all features of copyrighted technology objects. Educause article on what is covered now and what is not. Long and wordy, but detailed. – katrinahsmith
Section 1201(a)(1)(A) of the DMCA makes it illegal to circumvent technological controls found in electronic devices that control access to copyrighted works.
Section 1201(a)(1)(B), however, allows the Register to grant exemptions to be reviewed every three years. In this triennial review, the Register upheld the legality of “jailbreaking” smartphones and decrypting DVD and e-book controls for the visually- and hearing-impaired. The Register also broadened exemptions for fair use of video excerpts. However, the new rules prohibit “unlocking” smartphones purchased after January 2013, forbid jailbreaking tablets and game consoles, and prohibit “space shifting.” Georgia State Copyright Case: Resources.
Don't know what came out of the electronic resource sharing case lobbied against George State? Check this long list of resources that help explain it. Articles from 2010-2013. – katrinahsmith
Georgia State eReserves Copyright Case for Librarians. I recently read the final, 350-page ruling in the GSU case and summarized it for key people in the library here, and I thought I’d share my summary for anyone else who wants to know just what happened in that decision and how it applies to libraries running eReserves operations.
Blog describing in real words the fall-out and practical guide to the George State Case. Itemizes every claim number and includes several hyperlinked guidelines. – katrinahsmith
The full text of the GSU decision is available here (PDF).
Please feel free to correct or add to this summary in the comments section. Also, IANAL (I am not a lawyer). I’ve included the text of the “Fair Use” section of copyright law at the end for those who aren’t familiar. This section, Section 107, lays out the most important exception to the exclusive rights granted to copyright owners and is the basis for most educational copying. Summary of the case: On May 11th, Judge Orinda D. Important facts: What we can learn from the decision The Role of the Classroom Guidelines: Judge Evans clarified the role of the Classroom Guidelines in important ways, and I for one was very happy to see her analysis here. 1. 2. 3.
Copyright technology: Academic perspectives University of Minnesota Libraries. Skip to main content Copyright Information and Resources Specific Uses: Teaching Quick Overview: Sharing Course Materials Online - What are my options?
A how-to guide and tutorial for academic faculty to safely use & post electronic resources. Some material geared specifically for University of Minnesota, but applicable to all. Good links to other information like sharing course material, sharing student works, using images, video and audio and the TEACh Act. – katrinahsmith
A lot of instructors worry about copyright issues that arise in the course of teaching - showing films, sharing readings, and a host of other issues.
Many other instructors have not thought much about these issues. Copyright technology: UCLA Streaming Video Case Dismissed. On Monday, October 3rd, a federal judge in Los Angeles dismissed the copyright infringement lawsuit brought by AIME (Association for Information Media and Equipment, whose members include Ambrose Video) against UCLA.
The suit alleged that UCLA was infringing copyright and violating the anti-circumvention provisions of the DMCA by ripping DVDs, which were subsequently streamed via a course management system to students in a particular class (to which the students had to authenticate before gaining access). The two major reasons for the dismissal decision were sovereign immunity and lack of standing. AIME argued that UCLA had waived its sovereign immunity when it signed a contract with AIME, but the judge rejected that argument as too broad.
Copyright technology: The TEACH Act. The TEACH Act (Technology, Education, and Copyright Harmonization Act, 2002) (Section 110(2)) allows educators to perform or display copyrighted works in distance education environments.
From the University of Minnesota faculty copyright toolkit. Description of the Technology, Education and Copyright Harmonization Act of 2002. Includes bulleted benefits and good resources. – katrinahsmith
If you would like to show a video or display an image during your online class, you may want to consider whether that use is allowable under the TEACH Act.
Implementing TEACH can be difficult because of its complexity and the many detailed requirements for instructors, technologists, and institutions. Copyright technology: Using Video and Audio in Teaching (online and otherwise) · University of Minnesota Libraries. Video and audio are increasingly present in our classrooms, and as out-of-class review, learning, and study materials In-class performances or display are usually okay!
Most of the time, showing things to students in class, or performing things with or for students in class at the University of Minnesota is totally okay - there is a specific provision in the law that allows teachers to perform or display things, without limitation, in non-profit, face-to-face, classroom settings. (If not for this exception, classroom activities could be public performances or displays that might require payment and/or permission.) Examples: Singing a song that all the students already know Playing or singing from sheet music (legitimate copies (fair use/purchased/rented) only) Watching a video (in whole or in part) from a DVD or VHS tape Listening to music from a CD, tape, or record It's not a flexible exception, like fair use - it only applies to teachers, and only in specific situations. Online media.