The document provides guidance on copyright limitations and exceptions for educational uses of copyrighted works. It discusses the concept of fair use and its four factors, limitations on exclusive rights for performances and displays in nonprofit educational institutions, and provides rules of thumb for using, digitizing, and incorporating others' works in educational multimedia materials and distance learning. It also analyzes several scenarios involving uses of copyrighted materials in educational settings.

1. LEGAL WARNING
FOR PRIVATE HOME USE ONLY
ALL OTHER RIGHTS RESERVED
ANY UNAUTHORIZED COPYING OF, EDITING,
EXHIBITING, RENTING, EXCHANGING, PUBLIC
PERFORMANCE, RADIO OR TELEVISION
BROADCASTING OF THIS VIDEO PROGRAM PR
ANY PART THEREOF, IS STRICTLY PROHIBITED.
CRIMINAL COPYRIGHT INFRINGEMENT IS
INVESTIGATED BY THE FBI AND MAY CONSTITUTE A
FELONY WITH A MAXIMUM PENALTY OF UP TO FIVE
YEARS IN PRISON AND OR A $250,000 FINE.

2. ©2001 Susan H. Delagrange

3. Copyright(s)
So… just what are these copyrights
I’ve been hearing about?

4. Copy Rights
• The reproductive right

5. Copy Rights
• The reproductive right
• The adaptative right

6. Copy Rights
• The reproductive right
• The adaptative right
• The distribution right

7. Copy Rights
• The reproductive right
• The adaptative right
• The distribution right
• The performance right

8. Copy Rights
• The reproductive right
• The adaptative right
• The distribution right
• The performance right
• The display right

9. Copy Rights
• The reproductive right
• The adaptative right
• The distribution right
• The performance right
• The display right
• The attribution right

10. Copy Rights
• The reproductive right
• The adaptative right
• The distribution right
• The performance right
• The display right
• The attribution right
• The integrity right

11. Do I Need Permission?
• Is the work protected?

12. Do I Need Permission?
• Is the work protected?
• If the work is protected, do you wish to
exercise one of the owner’s exclusive
rights?

13. Do I Need Permission?
• Is the work protected?
• If the work is protected, do you wish to
exercise one of the owner’s exclusive
rights?
• Is your use exempt or excused from liability
for infringement?

14. Limitations on Exclusive Rights:
Fair Use
The Four-Factor Fair Use Test

15. Four-Factor Fair Use Analysis
• What is the character of the use?

16. Four-Factor: Character of Use
Non-profit
Educational
Personal

17. Four-Factor: Character of Use
Non-profit
Educational
Personal
Commercial

18. Four-Factor: Character of Use
Non-profit
Educational
Personal
Criticism
Commentary
Newsreporting
Parody
Otherwise
“transformative”
use
Commercial

19. Four-Factor Fair Use Analysis
• What is the character of the use?
• What is the nature of the work to be used?

20. Four-Factor: Nature of Work
Fact
Published

21. Four-Factor: Nature of Work
Fact
Published
Imaginative
Published

22. Four-Factor: Nature of Work
Fact
Published
A mixture of
fact and
imaginative
Imaginative
Published

23. Four-Factor Fair Use Analysis
• What is the character of the use?
• What is the nature of the work to be used?
• How much of the work will you use?

24. Four-Factor: How much?
Small amount

25. Four-Factor: How much?
Small amount More than a
small amount

26. Four-Factor Fair Use Analysis
• What is the character of the use?
• What is the nature of the work to be used?
• How much of the work will you use?
• What effect would this use have on the
market for the original or for permissions if
the use were widespread?

27. Four-Factor: Effect on Market
After evaluation
of first three
factors, the
proposed use is
tipping toward
fair use

28. Four-Factor: Effect on Market
After evaluation
of first three
factors, the
proposed use is
tipping toward
fair use
Competes with
(takes away
from) the
original
Avoids payment
for permission
(royalties) in an
established
permissions
market

29. Four-Factor: Effect on Market
After evaluation
of first three
factors, the
proposed use is
tipping toward
fair use
Original is out
of print or
otherwise
unavailable
No ready market
for permission
Copyright
owner is
unidentifiable
Competes with
(takes away
from) the
original
Avoids payment
for permission
(royalties) in an
established
permissions
market

30. Limitations on Exclusive Rights:
Exemption of Certain Performances
and Displays
• performance or display of a work by
instructors or pupils in the course of face-
to-face teaching activities of a nonprofit
educational institution, in a class room or
similar place devoted to instruction

31. Limitations on Exclusive Rights:
Exemption of Certain Performances
and Displays
• performance or display of a work by
instructors or pupils in the course of face-
to-face teaching activities of a nonprofit
educational institution, in a class- room or
similar place devoted to instruction
• performance of a non-dramatic literary or
musical work or display of a work, by or in
the course of a transmission

32. Rules of Thumb for Displaying and
Performing Other’s Works in DL
• Incorporate performances of other’s works
– Sparingly
– Only if a faculty member or the institution
possesses a legal copy of the work
• Include
– Any copyright notice on the original
– Appropriate citations and attributions to source

33. Copyright 2001 by Susan H. Delagrange

34. Rules of Thumb for Displaying and
Performing Other’s Works in DL (cont.)
• Limit access to students enrolled in the class and
administrative staff as needed
• Terminate access at the end of the term
• Obtain permission for materials that will be used
repeatedly by the same instructor for the same
class

35. Rules of Thumb for Digitizing and Using
Images for Educational Purposes
Is the image you wish to digitize readily available
online or for sale or license at a fair price?
If YES: Point to, purchase or license the image.

36. Rules of Thumb for Digitizing and Using
Images for Educational Purposes (cont.)
If NO: Digitize and use the image in accordance with the
following limitations:
Limit access to all images to students enrolled in the class
and administrative staff as needed. Terminate access at
the end of the class term.
Faculty members also may use images at peer
conferences.
Students may download, transmit and print out images for
personal study, academic course assignments and other
requirements for degrees.

37. Rules of Thumb for Digitizing and Using
Others’ Works in Multimedia Materials
for Educational Purposes
Students, faculty and staff may
incorporate others' works into a multimedia work
display and perform a multimedia work in connection
with or creation of
class assignments
curriculum materials
remote instruction
examinations
student portfolios
professional symposia.

38. Rules of Thumb for Digitizing and Using
Others’ Works in Multimedia Materials
for Educational Purposes
Be conservative. Use only small amounts of
other's works.
Don't make any unnecessary copies of the
multimedia work.

39. Scenario #1
Electronic Reserves
A professor has been told by students that it
is difficult to obtain reserve materials
because of the large number of students
enrolled. As an alternative, he scans several
journal articles onto the campus network
and instructs the students on how to access
them so that they may complete the class
assignments.

40. Scenario #2
Multimedia Production/Faculty
A professor teaches a course in which she
occasionally uses a piece of music, shows a
picture, or plays a piece of videotape. She has
lawfully obtained all of these materials and clearly
may use them in face-to-face teaching under the
Copyright Act. But the professor would like to
reproduce these short items onto one compact disk
in order to prevent their loss or deterioration, keep
them organized, and show them in the class by
using a single piece of equipment

41. Scenario #3
Multimedia Production/Student
Students in the Twentieth Century U.S. History
course are asked to create an "electronic term
paper" using lawfully acquired resources from the
institution's library and media center. While doing
research, he finds a book with just the information
he needs and photocopies the bibliography and
several pages of images and text. He takes the
photocopies to the student computer lab and scans
the material into his electronic term paper.

42. Scenario #4
Downloading or Printing
a Document from the Internet
A professor is conducting research by finding
materials on the Internet and locates a report that
is directly relevant to his current study. The
document was made available on the Internet with
the copyright owner's permission, and the
professor had lawful access to it. For research
purposes only, the professor wants to download a
copy of the document to a computer disk or print a
copy on the attached printer.

43. Scenario #5
Developing a Slide Collection
A professor photographs and makes slides
of a number of reproductions of artworks in
a book on Italian painting and sculpture.
She plans to show the slides to the students
enrolled in her course.

44. Scenario #6
Adapting Materials
for Students with Disabilities
A university serves many students with various
disabilities. Certain works need to be adapted to
serve their needs, perhaps by creating large print
copies of some materials or by creating a closed-
captioned version of a commercial educational
videotape. The copyright owners have not
authorized anyone to make such versions available
for purchase. In addition, some of these adapted
materials might be electronically delivered to
disabled students in their homes.

45. Some common concerns…
• Images from the Internet
• Linking
• Is it my stuff?
• Why should I care?