Let’s imagine you’re creating a training presentation for your coworkers and you want to use music within it.In this situation, you may need to obtain a license to use the music. For example, in its advertising a vacuum cleaner manufacturer was permitted to quote from a Consumer Reports article comparing vacuum cleaners. Podcasts: The Past, Present, and Future of Ownership (On the Media) A Fair(y) Use Tale, created by Professor Eric Faden of … Therefore, activities that are truly confined to the university in support of nonprofit education are likely to receive favorable treatment. Students should not be charged a fee specifically or directly for the materials. The Copyright Act establishes a four factor test, the \"fair use test,\" to use to determine whether a use of a copyrighted work is fair use that does not require the permission of the copyright owner. A final determination on fair use depends on weighing and balancing all four factors against the facts of an individual situation. Thankfully, the fair use doctrine contained in the Copyright Act can give teachers and students a break when it comes to the educational use of works protected by copyright. Since individual members of the UC community are usually best situated to understand the context of other uses, UC faculty, staff, and students should consider making reasoned, good faith decisions about the fair use of copyrighted works using the four factors outlined above. FAIR USE? Fair use is a use permitted by copyright statute that might otherwise be infringing. Courts typically focus on whether the use is “transformative.”. Guidelines for Digital Images. ALA Fair Use EVALUATOR. Showing the tapes to her continuing education class is fair use if she is using the material for educational purposes and no admission fee is charged. In cases of doubt, it is always most desirable to get permission. Each factor is relevant in order to determine whether a particular use is a fair use. 1. Only those portions of the work relevant to the educational objectives of the course should be used in the classroom. Fair use is flexible, which means it can adapt to new situations, but also that there are no black and white rules. You absolutely intended to look up the fair use guidelines for using technology resources. Instructors should not distribute copies of "consumable" materials such as test forms and workbook pages that are meant to be used and repurchased. Educators and learners in media literacy often make uses of copyrighted materials that stand far outside the marketplace, for instance, in the classroom, at a conference, or within a school-wide or district-wide festival. Those guidelines allow educators, under most circumstances, to copy 1. a single chapter from a book 2. an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is less 3. a po… A Fair(y) Use Tale (10:14) Fair use is intended to support teaching, research, and scholarship, but educational purpose alone does not make every use of a work fair. In order to assess fair use, courts apply a holistic assessment of four factors: The purpose and character of your use Nonprofit, educational, scholarly or research use favors fair use The decisions span multiple federal jurisdictions, including the U.S. Supreme Court, … The preamble includes, as an illustrative purpose, ‘teaching (including multiple copies for classroom use), scholarship, or research’. Instructor should consider whether materials are reasonably available and affordable for students to purchase - whether as a book, course pack, or other format. You may also want to use the Fair Use Checklist to help evaluate the nature of your use. However, the following web sites offer rules of thumb and other tools to assist faculty, staff and students in determining whether a use is a fair use in a variety of educational contexts. Fair use is intended to support teaching, research, and scholarship, but educational purpose alone does not make every use of a work fair. In evaluating the four factors of fair use, you can use the following questions to help assess your particular situation: • Are you planning on using the work in a different way, or for a different purpose, than the original creator? Materials used in the classroom will generally be limited to brief works or brief excerpts from longer works. The fourth factor in a fair-use determination is … However, “fair use” is open to interpretation. This punk-ish music video takes a catchy look at some of the nuances of fair use, from media literacy activist and educator Renee Hobbs and the Media Education Lab at the University of Rhode Island. In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. This site offers a safe, free image library for education. § 106 and 17 U.S.C. In the end, the group failed to come to consensus and the Guidelines were never adopted. The Fair Use Index tracks a variety of judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair—or not fair. Examples: a single chapter from a book, an individual article from a journal, and individual news articles. University of Washington: Guidelines for Fair Use in Education. Fair use (17 U.S.C. Effect of the Use on Potential Market for the Work. Recent case law has shown that if your answer to both of these questions is “yes,” then fair use is likely. In copyright terms, is your use “transformative”? • Are you using an amount of that work that is narrowly tailored to your new purpose? § 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. If your proposed use is not addressed by these guidelines, you will need to analyze the use under the four factor fair use test and/or Get Help. The fair use exception is purposefully broad and flexible, which may make some members of the UC community uncomfortable relying on it. Fair Use Week was first proposed on a Fair Use Allies listserv, which was an outgrowth of the Library Code of Best Practices Capstone Event, celebrating the development and promulgation of ARL's Code of Best Practices in Fair Use for Academic and Research Libraries. Educational fair use in the COVID-19 emergency: yes you can scan (and more) for K-12 education: View on YouTube: View Presentation: April 17, 03:00 PM ET: Educational fair use in the COVID-19 emergency: yes you can scan (and more) for colleges and universities: View on YouTube: View Presentation: April 24, 12:00 PM ET The images they use must also be royalty-free and fair use. It is always important to analyze how you are going use a particular work against the following four factors of fair use. Continuing Education class, Yes. The fair use test is highly fact specific, and much can turn on seemingly insignificant variations on the proposed use. It is always important to analyze how you are going use a particular work against the following Four Factors of Fair Use. Courts also favor uses that are “transformative,” or that are not mirror image copying. Publishers and the academic community have established a set of educa­tional fair use guidelines to provide “greater certainty and protection” for teachers. 1985 Policy for Off-Air Recording of Broadcast Programming for Educational Purposes, Fair Use for Nonfiction Authors from the Authors' Alliance, University of Minnesota Libraries’ “Thinking Through Fair Use” analysis, Fair Use Evaluator from the American Library Association, © Regents of the University of California | Terms of use | About this site, The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, Uses in nonprofit educational institutions are more likely to be fair use than works used for commercial purposes, but not all educational uses are fair use, Reproducing a factual work is more likely to be fair use than a creative, artistic work such as a musical composition, The amount and significance of the portion used in relation to the entire work, Reproducing smaller portions of a work is more likely to be fair use than larger portions, The effect of the use upon the potential market for or value of the copyrighted work, Uses which have no or little market impact on the copyrighted work are more likely to be fair than those that interfere with potential markets. 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fair use education

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