3.  Familiarize yourself with Digital Millennium
Copyright Act (DMCA)

4. 1) Reproduction of the copyrighted work,
2) Preparation of derivative works
(adaptations) based upon the copyrighted
material,
3) Distribution of the work,
4) Performance of the work publicly,
5) Displaying of the work publicly

5.  The work is in the public domain.
 The copyright may be expired, or the holder
may have forfeited his or her rights in the
work, or
 The copyright holder may have granted
another permission to use the work, or
 “Fair use”
 The TEACH Act

6. 1. The purpose and character of the use, including
whether use is of a commercial nature or is for
nonprofit educational purposes,
2. The nature of the copyrighted work,
3. The amount and substantiality of the portion used
in relation to the copyrighted work as a whole and
4. The effect of the use upon the potential market for
or value
http://guides.douglas.bc.ca/content.php?pid=
75045&sid=555953

7. Item Length
Complete poem If less than 250 words
Excerpt from longer poem Excerpt must be less than 250 words
Complete article, story, or essay If less than 2,500 words
Longer article, story, essay or Excerpt must be less than 1,000
book words
Chart, diagram, or cartoon No more than one from a book or
magazine
Source: Teachers and the Law, 6th ed., by L.
Fischer, D. Schimmel, and C. Kelly, 2003, New
York: Longman.

8. Purpose
Alternatives
Character
FAIR
USE
Nature Amount
Effect

9.  Fair Dealing (Canada) vs. Fair Use (U.S.)
 In the United States instructors can show
films in classrooms without public
performance rights
 The list of Fair Use exceptions is broader - it
includes teaching and parody
 Fair Use permits the creation and distribution
of multiple copies in a classroom

10.  The Canadian Association of University
Teachers (CAUT) has written an informative
backgrounder on Fair Dealing and how it
applies to academic institutions.
 IMP LINKS:
 Fair Dealing: CAUT Intellectual Property
Advisory
 AUCC Draft Fair Dealing policy

11.  DO investigate the copyright status of each
item you plan to digitize

12.  DO feel free to digitize materials in the
Public Domain
 i.e.. works not protected by Copyright.

13.  DO apply to most foreign works outside
your own country

14.  DO keep current on developments and
changes to Copyright law
29th June 2012

16.  DON’T ignore copyright law – if you are
found to be infringing a copyright holder’s
rights, you could be liable for statutory
damages ranging from $200 to $30,000.

17.  Copyright infringement is using & citing
someone’s work without permission nor
compensation to the rights holder.

18.  DON’T assume that all digital reproduction
in libraries is permissible because the
use is ‘educational’ and ‘not-for-profit’.

19.  DON’T be a lemming! Do not blindly follow
the precedent of other
 Library/Archives colleagues in making a
copyright determination for your situation.
 What might be allowable under one set of
circumstances may not be allowable in
others.

20.  DON’T go it alone. If
you are unsure
whether it is okay to
digitally reproduce
 something in the course
of your work in the FIU
Libraries, seek guidance
from the appropriate
authorities within the
Libraries or the
University

21. This is a non profitable assignment (lecture)
and
the copy right of images belongs to the
beholder on the internet