Copyright
and Fair Use in the Classroom, on the Internet, and the World Wide
Web
The copyright protections
that we normally associate with print also govern the use of audio, video,
images, and text on the Internet and the World Wide Web (WWW). The intuitive
interface of the WWW makes it easy for the computer user to copy and use
images, text, video and other graphics that are likely to be protected
by copyright. A document may be copyrighted even if it does not explicitly
state that it is copyrighted. As a result, it is a good idea to assume
materials such as documents, images, or video clips are copyrighted. Educators
can avoid copyright violations and legally use copyrighted materials if
they understand and comply with the fair use guidelines. If you believe,
after you review this document, that your proposed use does not comply
with fair use guidelines, you always have the option to ask for permission
from the copyright holder.
This document's purpose
is to help faculty, students and staff make informed decisions before
using materials in the classroom, for course reserves, or the Internet
or World Wide Web. This document provides:
- An introduction
to copyright.
- An introduction
to fair use.
- Fair Use
Guidelines for Educational Multimedia, a review of guidelines
designed to help faculty, staff, or students comply with fair use
guidelines when using images, computer programs, or other materials
obtained via the Internet or WWW
- A sample letter
to use to request permission to use copyrighted materials.
- Introduction
to Copyright
- Introduction
to Fair Use
- The
Educational Multimedia Guidelines
- A sample letter to request permission to use copyrighted materials.
See How Do I Get Permission?
An
Introduction to Copyright
What
Is Copyright?
Simply put, "copyright
is a legal device that provides the creator of a work of art or literature,
or a work that conveys information or ideas, the right to control how
the work is used." Stephen Fishman, Esq. The Copyright Handbook, 1996.
The intent of copyright
is to advance the progress of knowledge by giving an author of a work
an economic incentive to create new works.
What Can be Copyrighted?
Tangible, original
expression. This means, for example, that a verbal presentation that
is not recorded cannot be copyrighted. However, anything that is tangible
can be copyrighted. There are three fundamental requirements for something
to be copyrighted:
- Fixation:
- The item
must be fixed in some way. The fixation may be just about anything.
For example, a piece of paper, a computer disk, a audiotape,
or a videotape are all legitimate forms of fixation.
- Originality:
- The work
must be original. Originality includes a novel or a student's
e-mail message to a professor. Both are considered examples
of original expression.
- It is
not necessary for the work to be completely original. Works
may be combined, adapted, or transformed in new ways that would
make them eligible for copyright protection.
- Minimal Creativity:
- The work
must include something that is above and beyond the original.
Verbatim use is not considered original. Reference to the original
work that is used to discuss a new concept would be considered
original, however.
- Creativity
need only be extremely slight for the work to be eligible for
protection.
What Cannot be
Copyrighted?
- Works in the
public domain:
- Ideas
are in the public domain.
- Facts
are in the public domain.
- Words,
names, slogans, or other short phrases also cannot be
copyrighted. However, slogans, for example, can be protected by
trademark law.
- Blank
forms.
- Government
works, which include:
- Judicial
opinions.
- Public
ordinances.
- Administrative
rulings.
- Works
created by federal government employees as part of their
official responsibility.
- Works
for which copyright wasn't obtained or copyright has
expired (extremely rare!).
It is a common misperception
that state employees and contractors performing work on behalf of the
federal government cannot copyright their work. Unless it is explicitly
stated in the contract between the government and a contractor, federal
government contractors are permitted to copyright their works as can
state employees.
What Does Copyright
Protect?
Copyright provides
authors fairly substantial control over their work. The four basic
protections are:
- The right to
make copies of the work.
- The right to
sell or otherwise distribute copies of the work.
- The right to
prepare new works based on the protected work.
- The right to
perform the protected work (such as a stage play or painting) in
public.
Top
An Introduction
to Fair Use
What is Fair Use?
Fair use is the
most significant limitation on the copyright holder's exclusive rights.
Deciding whether the use of a work is fair IS NOT a science. There
are no set guidelines that are universally accepted. Instead, the individual
who wants to use a copyrighted work must weigh four factors:
The purpose and
character of the use:
- Is the new work
merely a copy of the original? If it is simply a copy, it is not
as likely to be considered fair use.
- Does the new
work offer something above and beyond the original? Does it transform
the original work in some way? If the work is altered significantly,
used for another purpose, appeals to a different audience, it more
likely to be considered fair use.
- Is the use of
the copyrighted work for nonprofit or educational purposes? The use
of copyrighted works for nonprofit or educational purposes is more
likely to be considered fair use.
The nature of the
copyrighted work:
- Is the copyrighted
work a published or unpublished works? Unpublished works are less
likely to be considered fair use.
- Is the copyrighted
work out of print? If it is, it is more likely to be considered fair
use.
- Is the work
factual or artistic? The more a work tends toward artistic expression,
the less likely it will be considered fair use.
The amount and
substantiality of the portion used:
- The more you
use, the less likely it will be considered fair use.
- Does the amount
you use exceed a reasonable expectation? If it approaches 50 percent
of the entire work, it is likely to be considered an unfair use of
the copyrighted work.
- Is the particular
portion used likely to adversely affect the author's economic gain?
If you use the "heart" or "essence" of a work,
it is less likely your use will be considered fair.
The effect of use
on the potential market for the copyrighted work:
- The more the
new work differs from the original, the less likely it will be considered
an infringement.
- Does the work
appeal to the same audience as the original? If the answer is yes,
it will likely be considered an infringement.
- Does the new
work contain anything original? If it does, it is more likely the
use of the copyrighted material will be seen as fair use.
What are the Rules
for Fair Use for Instructors?
Copying by teachers
must meet the tests of brevity and spontaneity:
- Brevity refers
to how much of the work you can copy.
- Spontaneity
refers to how many times you can copy.
According
to the rule, the need to copy should occur closely in time to
the need to use the copies. I call this the "one semester
rule." If you use something for one semester it is likely
to be seen as fair use. If you use something repeatedly, it's
less likely to be considered fair use. The expectation is that
you will obtain permission as soon as it is feasible. Using something
over a period of years is not within the spirit of the guidelines.
Special works:
- "Works
that combine language and illustrations and which are intended sometimes
for children and at other times for a general audience." A child's
book is an example.
- Special works
should never be copied in their entirety.
- An excerpt of
no more than two pages or 10 percent, whichever is less, is the rule
for special works.
The use of the copies
should be for one course at one school.
The copies should
include a notice of copyright acknowledging the author of the work.
NOTE: It is recommended
that teachers, faculty, or instructors consider both the special guidelines
for instructor and take into account the four factors that are used
to evaluate fair use when they are deciding what and how much of a
copyrighted work to use.
What Can Be Copied?
- A chapter from
a book (never the entire book).
- An article from
a periodical or newspaper.
- A short story,
essay, or poem. One work is the norm whether it comes from an individual
work or an anthology.
- A chart, graph,
diagram, drawing, cartoon or picture from a book, periodical, or
newspaper.
- Poetry
- Multiple
copies of a poem of 250 words or less that exist on two pages
or less or 250 words from a longer poem.
- Prose
- Multiple
copies of an article, story or essay that are 2,500 words or
less or excerpts up to 1,000 words or 10 percent of the total
work, whichever is less.
- Illustrations
- Multiple
copies of a chart, graph, diagram, drawing, cartoon, or picture
contained in a book or periodical issue.
What Should Be
Avoided?
- Making multiple
copies of different works that could substitute for the purchase
of books, publisher's reprints, or periodicals.
- Copying the
same works from semester to semester.
- Copying the
same material for several different courses at the same or different
institutions.
- Copying more
than nine separate times in a single semester.
When
is Permission Required?
- When you intend
to use the materials for commercial purposes.
- When you want
to use the materials repeatedly.
- When you want
to use a work in its entirety and it is longer than 2,500 words.
How
Do I Get Permission?
- The Office of
Library Services will assist you in obtaining permission for copyright
protected materials for use in UMUC classes. Fill out a Reserved
Readings Request form to request that the library obtain
copyright permission for specific material on your behalf.
- For materials
to be used outside of UMUC courses, you must obtain permission yourself.
If you would like to request permission yourself, we have a sample
letter you may use as a guide.
Copyright
and Electronic Publishing
- The same copyright
protections exist for the author of a work regardless of whether
the work is in a database, CD-ROM, bulletin board, or on the Internet.
- If you make
a copy from an electronic source, such as the Internet or WWW, for
your personal use, it is likely to be seen as fair use. However,
if you make a copy and put it on your personal WWW site, it less
likely to be considered fair use.
- The Internet
IS NOT the public domain. There are both uncopyrighted and copyrighted
materials available. Assume a work is copyrighted.
Tips for the Internet
- Always credit
the source of your information
- Find out if
the author of a work (e.g., video, audio, graphic, icon) provides
information on how to use his or her work. If explicit guidelines
exist, follow them.
- Whenever feasible,
ask the owner of the copyright for permission. Keep a copy of your
request for permission and the permission received.
Top
The Educational
Multimedia Guidelines
The guidelines provide
guidance for the use, without permission, of portions of lawfully acquired
copyrighted works.
Definitions
- The guidelines
are intended to apply to educational multimedia projects that incorporate
educators' original material, such as course notes or commentary,
together with various copyrighted media formats, including motion
media, music, text material, and graphics illustrations.
- The guidelines
are voluntary and do not have the force of law.
- If you follow
the guidelines, it is highly likely that your use is fair use.
- The guidelines
are safe minimums.
- The newly created
work that includes copyrighted material may only be used
for learning activities. Other uses, such as selling the work commercially,
require permission.
Student Guidelines
- Students may
incorporate portions of copyrighted materials when producing a project
for a specific course.
- Students may
perform and display their own projects and use them in their portfolio
or use the project for job interviews or as supporting materials
for application to graduate school.
Faculty Guidelines
- Faculty may
include portions of copyrighted works when producing their own multimedia
project for their teaching in support of curriculum-based instructional
activities at educational institutions.
- Faculty may
use their project for:
- assignments
for student self-study
- for remote
instruction provided the network is secure and is designed
to prevent unlawful copying
- for conferences,
presentations, or workshops
- for their
professional portfolio
Time Restrictions
- The fair use
of copyrighted material in multimedia projects lasts for two years
only. After two years, obtain permission before using the project
again.
Types of media
and permissible amounts
- Motion media:
- Up to
10 percent of the total or three minutes, whichever is less.
- Text material:
- Up to
10 percent of the total or 1,000 words, whichever is less.
- An entire
poem of less than 250 words may be used, but no more than three
poems by one poet or five poems by different authors in an
anthology. For poems exceeding 250 words, 250 words should
be used but no more than three excerpts from one poet or five
excerpts from different poets in the same work
- Music, lyrics,
and music video:
- up to
10 percent of the work but no more than 30 seconds of the music
or lyrics from an individual musical work.
- Illustrations
or photographs:
- no more
than five images from one artist or photographer.
- no more
than 10% or 15 images, whichever is less, from a collection.
- Numerical data
sets:
- up to
10 percent or 2,500 fields or cell entries, whichever is less,
from a copyrighted database or data table.
- Copying of a
multimedia project:
- no more
than two copies may be made of a project.
When
Should You Get Permission?
- When you intend
to use the project for commercial or noneducational purposes.
- When you intend
to duplicate the project beyond the two copies allowed by the guidelines.
- When you plan
to distribute the project beyond the scope of the guidelines.
See How Do I Get Permission?
Top