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When developing materials
for instructional use, a clear understanding of Copyright
and the Fair Use Act is paramount.
Copyright:
The exclusive legal right to reproduce, publish, and sell the matter and form (as of a literary, musical, or artistic work)
The Fair Use Act
is based upon the premise that so long as you use a portion of a
work incorporated into another work for educational use, it is permissible
to use without obtaining the explicate permission of the
author/owner.
Section 107 of the Copyright Act of 1976.
Limitations on exclusive rights, for purposes such as:
criticism
comment
news reporting
teaching -including multiple copies for classroom
scholarship
research
When courts
determine if the Fair Use Act was enlisted or a copyright breech
has taken place, their determination is not an infringement of
copyright in determining any particular case, however, 4 factors to be considered
by the courts shall include:
1) Purpose-Congress favored nonprofit educational uses over commercial
uses. "transformed” is preferred, which means you altered the
original work and incorporated it into a new work and did not
take it in whole to use.
It is difficult to apply to graphics and photos and most
want to use the item in whole. It is best to obtain permission
form the copyright holder if it has a copyright.
2) Nature-This factor examines characteristics of the work being used. “nonfiction”
works are favored
3) Amount-Amount is both quantitatively and qualitatively measured.
“..may also reproduce only a small portion of any work but still take "the heart of the work.”
The courts realize it is difficult to apply the Fair Use Act to
graphics and photos and most want to use the item in whole. It
is best to obtain permission from the copyright holder if it has
a copyright.
4) Effect financially
upon the owner is a large factor. Items used in the “market”
coupled with “commercial” the effect is presumed is that you
will directly benefit financially, which is not allowed. If you
are paid to instruct, this does not preclude use of an item,
only when the sell of the item reproduced directly garners
income.
Forrest Gump Version of
the Copyright and the Fair Use Act
Copyright: obtain permission or don’t use.
Fair Use:
may use a portion of the work
favored when transformed and from nonfiction
non-profit use and no effect on authors earnings.
For more information,
visit http://www.cetus.org/
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