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Last Updated: May 23, 2017 URL: http://libguides.hocking.edu/copyright Print Guide RSS Updates

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Exemptions to the Copyright Law

§ 107. Fair Use
Notwithstanding the provisions of sections 106 and 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Analysis must consider all four factors.
 
§ 110. Face-to-Face Instruction
Provides that the performance or display of a copyrighted work by instructors or pupils in the course of face-to-face teaching activities of a non-profit educational institution are not infringement of copyright as long as it occurs in a classroom or place of instruction.
 
§ 110. Distance Education
Teach Act permits the use of copyrighted materials in real time teaching and asynchronous digital distance education. See Teach Act under Faculty Tab of this guide.
 
Library Exemptions Include
  • First Sale
  • Archives

 

Off-Air Recording

A program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by the University for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge. Programs on paid television shall not be recorded.

Off-air recordings may be used once by individual teachers in a course of teaching activities, and use may be repeated only once when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a campus, during the first ten (10) consecutive school days in the forty-five (45) calendar-day retention period.

After the first 10 consecutive school days, off-air recordings may be used up to the end of the 45 calendar-day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used for student exhibitions, or any other non evaluation purpose without authorization by the copyright owner.

 

Side note

Do not delete commercials, or edit content. This is creating a derivative work and not allowed.

Cannot record a program off-air more than one time.

 

Example Permission Letters

Model Letter: Reprinting into a New Work 

 

[Insert: Today’s Date and Your Address and Contact Information] 

 

Name and Address of Addressee 

 

Dear ______________________________: 

 

I am requesting permission to reprint [a portion of] the following work:  

 

[Add here full citation information about the work, including author, title, publisher, date of 

publication, exact pages you are requesting, and any other identifying information.] 

 

This request is for permission to include the above content as part of the following project that I 

am preparing: 

 

[Add here full citation information about the project that you are preparing, including the name 

of the publisher and likely date of publication; also add a brief description of the subject or 

nature of the work.] 

 

I believe that you/your company, __________, are/is currently the holder of the copyright, 

because the original work states that copyright is held in your name/the name of the publisher, 

and my research indicates that ________________ [additional reason you think this 

person/company owns the copyright].  If you do not currently hold the rights, please provide me 

with any information that can help me contact the proper rights-holder.  Otherwise, your 

permission confirms that you hold the right to grant this permission. 

 

This request is for a non-exclusive, irrevocable, and royalty-free permission, and it is not 

intended to interfere with other uses of the same work by you.  I would be pleased to include a 

full citation to your work and other acknowledgement as you might request. 

 

I would greatly appreciate your permission.  If you require any additional information, do not 

hesitate to contact me at the address and number above. 

 

A duplicate copy of this request has been provided for your records.  If you agree with the terms 

as described above, please sign the letter where indicated below and return one copy in the 

enclosed return envelope. 

 

Sincerely, 

 

________________ 

 

Permission is hereby granted: 

 

Signature: ___________________________    

Name & Title: _______________________ 

 

Company/Affiliation: ______________________________    

Date: __________________ 

Model Letter: Including Work in Course Management System 

 

[Insert: Today’s Date and Your Address and Contact Information] 

 

Name and Address of Addressee 

 

Dear ______________________________: 

 

I am requesting permission to reprint [a portion of] the following work:  

 

[Add here full citation information about the work, including author, title, publisher, date of 

publication, exact pages you are requesting, and any other identifying information; include similar 

information about a book, motion picture, photograph, music, or any other type of work you might 

want to use.] 

 

This request is for permission to include the above content on my university’s course management 

system, known as “Course Works” here at (name of system, such as 

Blackboard, Moodle, or Angel].  The materials are currently hosted on a university server, and they are 

accessible only to registered students with password access to the system.   

 

I believe that you/your company, __________, are/is currently the holder of the copyright, because the 

original work states that copyright is held in your name/the name of the publisher, and my research 

indicates that ________________ [additional reason you think this person/company owns the 

copyright].  If you do not currently hold the rights, please provide me with any information that can 

help me contact the proper rights-holder.  Otherwise, your permission confirms that you hold the right 

to grant this permission. 

 

This request is for a non-exclusive, irrevocable, and royalty-free permission, and it is not intended to 

interfere with other uses of the same work by you.  I hope that you will support our educational 

programs by granting this permission.  I would be pleased to include a full citation to the work and 

other acknowledgement as you might request. 

 

I would greatly appreciate your permission.  If you require any additional information, do not hesitate 

to contact me at the address and number above. 

 

A duplicate copy of this request has been provided for your records.  If you agree with the terms as 

described above, please sign the letter where indicated below and return one copy in the enclosed 

return envelope. 

 

Sincerely, 

________________ 

 

Permission is hereby granted: 

 

Signature: ___________________________    

Name & Title: _______________________ 

 

Company/Affiliation: ______________________________    

Date: __________________ 

 

Model Letter: Streaming Video on Internet 

 

[Insert: Today’s Date and Your Address and Contact Information] 

 

Name and Address of Addressee 

 

Dear ______________________________: 

 

I am requesting permission to use [a portion of] the following work:  

 

[Add here full citation information about the work, including author, title, publisher, 

date of publication, exact pages you are requesting, and any other identifying 

information;  include similar information about a book, motion picture, photograph, 

music, or any other type of work you might want to use.] 

 

This request is for permission to include the above content as part of the following 

project that I am preparing: 

 

[Add here full citation information about the project that you are preparing, including 

the name of the publisher and likely date of publication; also add a brief description of 

the subject or nature of the project, such as “multimedia historical overview of the 

history of New York City, with images, video, audio, maps, text, and other elements 

drawn from various sources; project will be developed during calendar year 2012 and 

made available online to the public shortly thereafter with continuous updates and 

changes.”] 

 

[Add here details about how you plan to use the requested materials.  For example: 

“This request is for permission to include the above content as part of the project as 

streaming video.”  You might also add something like: “My project is currently hosted 

on a university server at ________ [website address], and we expect to make it available 

indefinitely to the public with no restriction or charge.] 

 

I believe that you/your company, __________, are/is currently the holder of the 

copyright, because the original work states that copyright is held in your name/the name 

of the publisher, and my research indicates that ________________ [additional reason 

you think this person/company owns the copyright].  If you do not currently hold the 

rights, please provide me with any information that can help me contact the proper 

rights-holder.  Otherwise, your permission confirms that you hold the right to grant this 

permission. 

 

This request is for a non-exclusive, irrevocable, and royalty-free permission, and it is not 

intended to interfere with other uses of the same work by you.  Because of changing 

technologies, I am also requesting permission to use the materials in connection with 

future versions of the project, in any format, including electronic and print media.  I 

would be pleased to include a full citation to the work and other acknowledgement as you 

might request. 

I would greatly appreciate your permission.  If you require any additional information, do 

not hesitate to contact me at the address and number above. 

 

A duplicate copy of this request has been provided for your records.  If you agree with 

the terms as described above, please sign the letter where indicated below and return one 

copy in the enclosed return envelope. 

 

Sincerely, 

 

________________ 

 

 

Permission is hereby granted: 

 

Signature: ___________________________    

Name & Title: _______________________ 

 

Company/Affiliation: ______________________________    

Date: __________________ 

 

Revised: 121010  

www.copyright.columbia.edu  

 

Transformative Use

Transformative use occurs when a work is transformed or changed into a new work. The new work often changes the way the original work was used. New technologies and computer software make it easy to transform works. The four factors of fair use must be considered when deciding whether a transformative work is legal: the purpose and character of the work ; the nature of the copyrighted work ; the amount and substantiality of the portion used in relation to the copyrighted work as a whole ; the effect of the use upon the potential market
 

Music

In the classroom you can play or perform song in class for educational purposes under fair use guidelines. You must obtain performance license if your students are performing multiple songs during a concert or musical.

If you want to play music in a cafeteria, elevator, restroom, lounge, etc. you will need public performance rights.

This can be aquired from ASCAP (212-621-6000) ascap.com ; SESAC (212-586-3450) sesac.com ; BMI (212-586-2000) bmi.com 

 

Time Restrictions

Fair use of copyrighted material in a multi-media project last for two years. After that time you must acquire permission.

 

What Counts as Fair Use: Circular 21 Classroom Copying Guidelines

Guidelines
 
I. Single Copying for Teachers
A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:
  • A chapter from a book
  • An article from a periodical or newspaper
  • A short story, short essay or short poem, whether or
  • not from a collective work
  • A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
II. Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:
  • The copying meets the tests of brevity and spontaneity as defined below and,
  • Meets the cumulative effect test as defined below and,
  • Each copy includes a notice of copyright

Definitions

Brevity
  1. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words.
  2. Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
  3. “Special” works: Certain works in poetry, prose or in “poetic prose” which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph “ii” above notwithstanding such “special works” may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than ten percent of the words found in the text thereof, may be reproduced.
 
Spontaneity
  1. The copying is at the instance and inspiration of the individual teacher, and
  2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect

  1. The copying of the material is for only one course in the school in which the copies are made.
  2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
  3. There shall not be more than nine instances of such multiple copying for one course during one class term.

[The limitations stated in “ii” and “iii” above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

III. Prohibitions as to I and II Above
Notwithstanding any of the above, the following shall be prohibited:
  1. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.
  2. There shall be no copying of or from works intended to be “consumable” in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
  3. Copying shall not:
    a substitute for the purchase of books, publishers’ reprints or periodicals;
    be directed by higher authority;
    be repeated with respect to the same item by the same teacher from term to term.
  4. No charge shall be made to the student beyond the actual cost of the photocopying.
Agreed March 19, 1976. Ad Hoc Committee on Copyright Law Revision: By Sheldon Elliott Steinbach. Author-Publisher Group: Authors League of America: By Irwin Karp, Counsel. Association of American Publishers, Inc.: By Alexander C. Hoffman, Chairman, Copyright Committee.
 
Guidelines with Respect to Music In a joint letter dated April 30, 1976, representatives of the Music Publishers’ Association of the United States, Inc., the National Music Publishers’ Association, Inc., the Music Teachers National Association, the Music Educators National Conference, the National Association of Schools of Music, and the Ad Hoc Committee on Copyright Law Revision, wrote to Chairman Kastenmeier as follows:
During the hearings on H.R. 2223 in June 1975, you and several of your subcommittee members suggested that concerned groups should work together in developing guidelines which would be helpful to clarify Section 107 of the bill. Representatives of music educators and music publishers delayed their meetings until guidelines had been developed relative to books and periodicals. Shortly after that work was completed and those guidelines were forwarded to your subcommittee, representatives of the undersigned music organizations met together with representatives of the Ad Hoc Committee on Copyright Law Revision to draft guidelines relative to music.
We are very pleased to inform you that the discussions thus have been fruitful on the guidelines which have been developed. Since private music teachers are an important factor in music education, due consideration has been given to the concerns of that group. We trust that this will be helpful in the report on the bill to clarify Fair Use as it applies to music. The text of the guidelines accompanying this letter is as follows:
 
Guidelines for Educational Uses of Music
The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of H.R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future, and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines. Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.
 
Reproduction of Copyrighted Works ·
 
Permissible Uses
  1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.
  2. For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section¹, movement or aria, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil.²
  3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
  4. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
  5. A single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from
  6. sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)
Prohibitions
  1. Copying to create or replace or substitute for anthologies, compilations or collective works.
  2. Copying of or from works intended to he “consumable” in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
  3. Copying for the purpose of performance, except as in A(1) above.
  4. Copying for the purpose of substituting for the purchase of music, except as in A(1) and A(2) above.
  5. Copying without inclusion of the copyright
 

Recommended Guidelines

Linking is always a better solution than copying or downloading. It is not a copyright violation to link to an article or website.
 
Text Material
10% or 1,000 words of a copyrighted work
Entire poem of 250 words or less
No more than 3 poems by one poet or 5 poems by multiple poets
 
Music
Up to 10%, but no more than 30 seconds of music or lyrics
 
Photographs and Illustrations
No more than 5 images by 1 artist or photographer
Published works no more than 10% or 15 images by 1 artist or photographer
 
 
 

Derivative Works

A work created by using a pre-existing work. This is an infringement of the U.S. Copyright Law if you don't have permission to use the work or the work is not in the Public Domain.

 

Computer Software

Non-profit educational institutions can make a single backup copy or archival copy of computer software. The same allowance does not include the copying of audiovisual materials e.g. videos or audio.

 

Obsolete Works

The U.S. Copyright law allows for the copying of works that have been recorded in a medium that is no longer technologically available for playback. The common example is that in the 1980s the video format betamax was available for purchase for a short period of time. When the equipment for showing a video recorded in betamax became no longer available for purchase the copyright law allowed a non-profit educational institution to make a copy in a usable format for educational use.

 

Creative Commons

Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools.

Provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. 

Creative Commons licenses are not an alternative to copyright. They enable you to modify your copyright terms to best suit your needs.

Below is a list of the different types of licenses.

Attribution 

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.

Attribution-Share Alike 

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

Attribution-NoDerivs 

This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.

 

Attribution-Non Commercial 

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

Attribution-Non Commercial-Share Alike 

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

Attribution-Non Commercial-No Derivs 

This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

 

Netflix

Gary H. Becker, National Copyright Law Consultant states that Netflix clearly states that videos acquired either through rental or online streaming are only to be used for personal use. Using videos for instruction are not permissible. Netflix feels that contract law supersedes any special exemptions for educators per section110(1) of Title 17, The Copyright Law which grants educators the right "to publicly perform or display copyrighted materials for the purpose of face to face instruction." Although a teacher can use a legal copy of a video that is not under restrictive license or user agreement. 

Florida Media Quarterly, Summer 2011

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