Copyrights and Fair Use

Citation Format

Author Last name, first name, Title of Work (city, publisher, date), pages or link. Henry James, The Ambassadors (Rockville: Serenity, 2009), 34-40. Henry James, The Ambassadors (Rockville: Serenity: 2009), http://books.google.com.

What to do when you find work you wish to use. (5)

1. Find out who owns it. 2. Get permission to use it. 3. Give credit to creator of work used. 4. Buy it if necessary. 5. Use it responsibly. *For purposes of this class, any works or images borrowed from or used under Fair Use should be credited to the proper author using footnotes.*

4 Points of Fair Use

1. You can only use a small amount of the work. 2. You have to add new meaning to the work to make it original. 3. You need to rework it and use it in a totally different way. 4. You have to use if for non-profit purposes.

Works NOT Protected

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (but written or recorded descriptions, explanations, or illustrations of such are protected) Titles, names, short phrases, and slogans; mere listings of ingredients or contents, (but some titles and words might be protected under trademark law if their use is associated with a particular product or service) Works that are not fixed in tangible form, such as improvised speech or performance that is not written down or recorded. Works consisting entirely of information that is commonly available and contains no originality (examples: standard calendars, measures and rules, lists or tables compiled from public documents or other common sources) Works by the US government

When do you need permission?

Unless you are absolutely sure, relying on the Fair Use doctrine is risky. There are no set rules - it's a grey area. To obtain permission, you must determine who the copyright owner of the material is, contact the owner, obtain permission to use the work in the territory and format you intend, and in some cases pay the owner a fee. Often when used for educational purposes, owner will grant free use.

Works Protected (8)

• Literary works (includes computer software) • Musical works, including accompanying words • Dramatic works, including accompanying music • Pantomimes and choreographic works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works • Sound recordings • Architectural works

If you create an original work, you own the rights. You alone have the right to... (5)

• Make copies • Distribute • Perform (plays, film, dance, music, performance art) • Display publicly • Make derivative works (modifications, adaptations) ***It is illegal for anyone to do any of the above without your permission***

What is copyright infringement?

Anyone who exploits exclusive rights of copyright without the owners permission. Infringer is responsible for amount of money infringers made and statutory damages. Proving: Infringing work must be found to be substantially similar, infringers must have had access to the copyrighted work (meaning they actually saw it or heard it). Courts look for similarities in appearance, sound, words, format, layout, sequence, and other elements.

Exceptions: Fair Use

Exclusive rights are not unlimited. Fair Use allows limited copying of copyrighted works for EDUCATIONAL and RESEARCH purposes. It provides reproduction "for purposes of criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Courts consider the following when determining Fair Use: Purpose and character of the use, include whether use is of a commercial nature or is for nonprofit educational purposes: the noncommercial use is more likely to be Fair Use. The nature of copyrighted work: the more factual and less creative, the more likely it to be Fair Use. The amount and substantiality of the portion used in relation to the work as a whole, the more taken, the less Fair Use The Effect of the use upon the potential market for or value of copyrighted work: is the use taking away from the copyright owner monetary earnings.

Who owns copyright work?

The author who created it... Unless author grants rights to others in a written agreement (author's publisher or record company) Works for hire: a work made by an employee and certain kinds of commissioned works are considered authored by the employer or the commissioning party. (In this case the company gets the copyright protection) Two or more authors: if two or more create a work, they share joint authorship, unless otherwise agreed upon