Code of Best Practices in Fair Use for Scholarly Research in Communication June 2010Click here to view or download a copy of this report.Click here to view or download a printable version of this report. Report by: The International Communication Association Facilitated by: Peter Jaszi,Program on Information Justice and Intellectual Property, American University Washington College of LawPat Aufderheide, Center for Media & Social Impact, American University With funding from: The International Communication Association The Ford Foundation,by way of the Future of Public Media Project Introduction Code of Best Practices in Fair Use for Communication Scholars 1. 2. 3. 4. Notes What This Is This document is a code of best practices that helps U.S. communication scholars to interpret the copyright doctrine of fair use. This guide identifies four situations that represent the current consensus within the community of communication scholars about acceptable practices for the fair use of copyrighted materials. What This Isn't How This Document Was Created Problems Often Encountered
Educational Exemptions in the U.S. Copyright Code The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. To find out if your intended use meets the requirements set out in the law, use this free, online tool. [disclaimer] This tool can also help you collect information detailing your educational use and provide you with a summary in PDF format. This tool is valid for those uses that meet the requirements and which take place within the United States. THIS TOOL IS:Intended as a source of information for educators & others to better understand the educational exemptions available in the U.S. THIS TOOL IS NOT: A source of legal advice. A legal copy is one that was legally obtained (purchased from a reputable vendor, checked out from a library, etc.). This exemption covers what is normally an exclusive right of the copyright holder - the right to display or perform a copyrighted work.
Rights of Writers: Copyright in Fictional Characters: Can I Have Don Draper Make a Cameo Appearance in My Novel? I'm throwing a dinner party in my novel. My guest list includes Don Draper, James Bond, Jack Ryan, Scarlett O'Hara, Dolores Haze a/k/a Lolita, and Elizabeth Bennett. I don't expect my guests to say or do anything at my fictional party. The question is: Can they simply show up at the dinner table without my infringing the copyrights of Matthew Weiner, Ian Fleming, Tom Clancy, Margaret Mitchell, Vladimir Nabokov, and Jane Austen or their heirs? Before trying to answer that (somewhat surprisingly complicated) question, let me introduce you to one of my guests. Jack Ryan is known to millions of readers as a tough former Second Lieutenant in the Marines, a onetime CIA agent, and ultimately President of the United States. Clancy was a true unknown when he wrote Hunt for Red October -- an insurance agent who daydreamed of becoming a novelist. For his second book, Clancy jumped ship and signed with a big New York publisher. The Red October arbitration was settled on undisclosed terms.
Know Your Copy Rights :: Part II: Uses in the Online Classroom / Course Management System Below you'll find answers to these frequently asked questions: How do I know if the work I want to use is copyrighted? What is the setting for the class where I want to display or hand out a copy of the work—in person or online? Many copyrighted works are accessed through a campus license that can override copyright. How do I know if the work I want to use is covered by such a license? Copyright protection arises automatically the moment an original work is fixed in a tangible medium of expression. Another exception is works produced by US government employees as part of their job; these are not copyrighted, neither is government information. The safe bet or default assumption is that everything you are likely to use is copyrighted, unless it’s really old or produced by the US government. Of course, this does not automatically mean that you need permission to use it in some way for teaching. Also, providing a URL or linking to a work is always an option. a. b. c. a. Using my own copy? b.
Article: Can These Videos be Shown in a Classroom? - Library Video Company How many times have you seen the phrase "For Home Use Only" on a videotape and wondered if it was really OK to show the program to students in a classroom or a library setting? While there has been a lot of confusion in this area, the U.S. copyright laws are quite clear in offering guidance on this question. The question can easily be answered by examining the context in which the video is being shown. First, you'll need some background. There are four main criteria that must be met before an educator should feel comfortable in showing a videotape or DVD in their classroom. The Report of the House Committee on the Judiciary, Report No 94-1476, which accompanied the passage of the Act in 1976, provides assistance in interpreting the four requirements of the classroom exemption. 1) The term "instructors" is defined as the designated teacher of a class and may also include a guest lecturer or substitute teacher.
Code of Best Practices in Fair Use Embed imageView/download PDFThe Association of Research Libraries (ARL) presents the Code of Best Practices in Fair Use for Academic and Research Libraries (PDF), a clear and easy-to-use statement of fair and reasonable approaches to fair use developed by and for librarians who support academic inquiry and higher education. The Code was developed in partnership with the Center for Social Media and the Washington College of Law at American University. In dozens of interviews with veteran research and academic librarians, the researchers learned how copyright law comes into play as interviewees performed core library functions. Then, in a series of small group discussions held with library policymakers around the country, the research team developed a consensus approach to applying fair use. The Code deals with such common questions in higher education as: When and how much copyrighted material can be digitized for student use? Such codes have a powerful effect both in law and practice.
The Code of Best Practices in Fair Use for Media Literacy Education Click here to view or download a PDF of this report. Coordinated by: The Media Education Lab,Temple UniversityThe Program on Information Justice and Intellectual Property,American University Washington College of LawThe Center for Media & Social Impact,American University With funding from: The John D. and Catherine T. And additional support from: The Ford Foundation,by way of the Future of Public Media Project Introduction Principles of Fair Use in Media Literacy Education 1. 2. 3. 4. 5. Conclusion Common Myths About Fair Use Notes What This Is This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use. What This Isn't This code of best practices does not tell you the limits of fair use rights. It’s not a guide to using material that people give the public permission to use, such as works covered by Creative Commons licenses. How This Document Was Created Media Literacy Education Fair Use and Education
Current Issues in Higher Ed Copyright Not the post I promised, but this week has been a little... weird. Mostly for good reasons. One of the good things this week was that I met with the University Senate Library Committee to touch base on copyright issues. Georgia State Case (aka Cambridge University Press et al v. Individuals at Georgia State University were sued over the use of journal articles in password-protected electronic reserves and course websites. Oral arguments were heard in June, and an opinion is expected at any time. More information: My own prior posts on this case.Kevin Smith's "A Nightmare Scenario for Higher Education" UCLA Case (aka AIME et al. v. The Regents of UCLA, as well as some individuals, were sued over the conversion of video content owned by the University to online streaming formats. More information: Christine Ross - "V is for (small) Victory (and for Video)"Peggy Hoon - "Copyright, Contract, or Complicated? Golan v. Campus licenses (CCC; CPC; Canada) Google Books settlement
Copyright & IP Updating copyright and intellectual property laws to meet the challenges of the networked environment has been a key focus for Congress, the courts, and state legislatures for many years. The Digital Millennium Copyright Act, the Sonny Bono Copyright Term Extension Act, peer-to-peer file sharing and digital rights management, legislation to create additional protections for databases, the Stop Online Piracy Act, the Protect IP Act, orphan works, and more have dominated the agenda. In addition, ARL, working with the Center for Social Media at American University and the Program on Information Justice and Intellectual Property in American University’s Washington College of Law, prepared a Code of Best Practices in Fair Use for Academic and Research Libraries. Below are links to information and resources on key topics in copyright and intellectual property. Fair Use Read more >> Author Rights Read more >> Legislation Read more >> International Read more >>
Know Your Copy Rights :: About ARL's Faculty Brochure A 2007 Brochure Aimed at Faculty and Teaching Assistants Among the topics covered in the brochure are: fair use, the advantage of linking to instead of copying works, and special provisions for displaying or performing works in classes. The brochure also includes a one-page chart that highlights 24 situations when various categories of works can be used. For libraries that wish to customize the brochure, white space is available on page 3 (the bottom of the left column) where you might add the name of a local contact. Libraries are also free to use image-editing software to add their name and/or logo to the back cover of the brochure near the text that reads, "This brochure is brought to you by your institution's library...." See the box below for ideas on how to use the brochure on campus. Download a Free Copy The brochure is available in various forms for free download as PDF files. The size of the color version of the complete brochure exceeds the limits of most e-mail systems.