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The Road to Copyright Clarity, Part 2

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At this week's session, we us discussion to practice the reasoning process that is needed to make a fair use determination. We are joined by Carla Myers of Miami University Ohio helps us learn more about this important statement from academic librarians on why copyright and fair use need to be extended beyond the usual parameters as a result of the coronavirus pandemic.

If ye extended beyond the usual parameters as a result of the coronavirus pandemic.

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The Road to Copyright Clarity, Part 2

  1. 1. A Webinar Series with Renee Hobbs In partnership with the Northeast Ohio Regional Library System and the Media Education Lab THE ROAD TO COPYRIGHT CLARITY We will be starting the webinar today at 2 pm EST
  2. 2. www.mediaeducationlab.com
  3. 3. COPYRIGHT EDUCATION FOR COMMUNITIES OF PRACTICE
  4. 4. Questions Guide Our Learning 1. How do people use copyrighted works for learning? 2. What myths and misinformation can interfere with understanding copyright law? 3. What is the purpose of copyright? 4. How does copyright protect both owners and users?
  5. 5. Copyright Offers Strong Protection to BOTH Owners & Users
  6. 6. The purpose of copyright law is to promote creativity, innovation and the spread of knowledge
  7. 7. Questions Guide Our Learning 1. How do people use copyrighted works for learning? 2. What myths and misinformation can interfere with understanding copyright law? 3. What is the purpose of copyright? 4. How does copyright protect both owners and users? 5. What is the doctrine of fair use? 6. What questions help people engage in the fair use reasoning process? 7. How does context and situation apply to fair use reasoning?
  8. 8. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: (1)the purpose and character of the use, including whether such 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 of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. SECTION 107 DOCTRINE OF FAIR USE
  9. 9. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: (1)the purpose and character of the use, including whether such 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 of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
  10. 10. Four Factors of Fair Use 107
  11. 11. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
  12. 12. An Example of Transformative Use The purpose of the original: To generate publicity for a concert. The purpose of the new work: To document and illustrate the concert events in historical context.
  13. 13. 1. Did your use of the work re-purpose or transform the copyrighted material? 2. Does your use merely re-transmit the original work? Could your work serve as a substitute or replacement for the original? 3. Did you use only the amount needed to accomplish your purpose? Critical Questions for Making a Fair Use Determination
  14. 14. “Fair use cannot be reduced to a checklist. Fair use requires that people think.” Carrie Russell American Library Association
  15. 15. FAIR USE REASONING Case-by-Case Situation-by-Situation
  16. 16. Using Copyrighted Materials in Creative Work . CASE 1. Someone teaching an online graduate class demonstrates effective storytime read-aloud practices by creating an educational video that features a teacher reading aloud from a picture book. CASE 2. Someone creates a video of a children’s picture book by combining images from the picture book with audio narration of the text. CASE 3. Someone uses a variety of different copyrighted images to create a@khokanson
  17. 17. Using Copyrighted Materials in Creative Work . CASE 1. Someone teaching an online graduate class demonstrates effective storytime read-aloud practices by creating an educational video that features a teacher reading aloud from a picture book. @khokanson
  18. 18. . CASE 2. Someone creates a video of a children’s picture book by combining images from the picture book with audio narration of the text. @khokanson Using Copyrighted Materials in Creative Work
  19. 19. https://forms.gle/4f6nErNkrf3trewS7
  20. 20. Using Copyrighted Materials in Creative Work . CASE 3. Someone uses a variety of different copyrighted images to create a book trailer for a children’s picture book. @khokanson Using Copyrighted Materials in Creative WorkUsing Copyrighted Materials in Creative Work
  21. 21. FAIR USE REASONING Case-by-Case Situation-by-Situation
  22. 22. Copying to avoid making a purchase Copying to merely exploit the popularity of another’s work Copies that become substitutes or replacements for the original
  23. 23. Using Copyrighted Material: Four Choices for the Creative Individual Ask Permission PAY A LICENSE FEE CLAIM AN EXEMPTION Use it Without Permission or Payment DON’T USE IT Use PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT 1 3 2 4
  24. 24. THE GOOD-FAITH DEFENSE The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work SECTION 504 (C) (2) No financial penalties can be awarded
  25. 25. 1. Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
  26. 26. https://tinyurl.com/tvnty3a
  27. 27. A Webinar Series with Renee Hobbs In partnership with the Northeast Ohio Regional Library System and the Media Education Lab THE ROAD TO COPYRIGHT CLARITY JOIN US FOR PART 3: TUESDAY, APRIL 21, 2020

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