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Copyright and Fair Use Mythbusters - Shared screen with speaker view
Kenley Neufeld
25:40
Unless they’ve signed a contract that states otherwise. For example, when getting punished in a journal.
Bianca Rowden-Quince
25:59
Yes, thank you Kenley
Shagun Kaur
27:02
the purpose and character of your use.the nature of the copyrighted work.the amount and substantiality of the portion taken, and.the effect of the use upon the potential market.
Shagun Kaur
32:05
Teach ACT: https://www.copyright.com/wp-content/uploads/2015/04/CR-Teach-Act.pdf
Kenley Neufeld
32:07
One of the criteria for the TEACH Act is the institution must have a copyright policy and that there is regular communication about the policy.
Jeffrey Sabol
33:37
I don't think the Copyright Clearance Center is a good source
Jeffrey Sabol
33:59
for anything, the extort libraries and colleges
Kenley Neufeld
34:26
Yes, CCC needs to be taken with a grain of salt. They lean more toward the copyright holder.
Bianca Rowden-Quince
34:39
Yes, absolutely
Kenley Neufeld
34:43
But the basics from are usually really nicely late out.
Kenley Neufeld
35:13
Late = laid
Abraham Reyes
35:39
Which is a good source then?
Shagun Kaur
35:48
Wonderful. Thank you
Brian Greene
35:51
Question about the personal use limitations. Maybe this is semantics, but I thought those were licensing restrictions and not strictly speaking copyright restrictions. Are personal use limits actually covered in copyright laws?
Kenley Neufeld
35:56
I rely on some of the larger university systems.
Kenley Neufeld
36:10
They have legal teams and are focused on classroom needs
Jeffrey Sabol
36:11
A great site is https://creativecommons.org/\
Jeffrey Sabol
36:21
Creative Commons is awesome!
Abraham Reyes
36:23
That makes sense, thanks!
Koby Moridzadeh
36:27
Thank you Jeff.
Kenley Neufeld
36:38
Texas: http://guides.lib.utexas.edu/copyright/home
Brian Greene
36:40
That's fine. No rush on my end.
Kenley Neufeld
37:56
But since ALL copyright law is based on case law, it will be depend on your local institutions willingness to “push” the boundaries or have broad interpretations
Ame Maloney
38:18
So true, Kenley
Laura Pellegrini
39:05
What if I give students the link to something on the internet for use, but do not post on my website or canvas, is this a copyright violation?
Kenley Neufeld
39:19
Providing links is fair game
Bianca Rowden-Quince
39:30
Providing links is just fine
Abraham Reyes
40:23
If there is free access to the website, providing the link is fine. Otherwise, it may not be...
Jeffrey Sabol
40:34
What is your take on Allen v. Cooper, the recent decision?
Fred Poling
41:53
Libraries pay much higher rates for DVDs
Kenley Neufeld
42:11
When you use Netflix, you are using a license. License trumps copyritht
Jeffrey Sabol
42:34
Terms of Use vs Copyright?
Kenley Neufeld
42:39
Yep
Brian Greene
43:00
In practice I think providing a link to content is fine. In theory, however, to be safe I think you would need to ensure the copy you linked to was legally obtained.
Suzanne Wakim
43:52
@Brian - I completely agree. Lots of pirated textbooks and videos online
Brian Greene
44:01
I get you get can't be responsible for everything on the internet, etc. I just think that's an often overlooked requirement for a fair use argument.
Kenley Neufeld
44:13
I love fair us
Kenley Neufeld
45:51
There was a session last week all on the topic of Creative Commons. It’s probably posted somewhere. Maybe ACCCC site?
Shagun Kaur
46:17
@Kenly all archived webinars are at asccc-oeri.org
Kenley Neufeld
46:30
Thanks Shagun
Kenley Neufeld
47:39
Yes
Shagun Kaur
49:14
The Link for the LIbGuide: https://libraryguides.missouri.edu/copyright
Shagun Kaur
50:21
You are welcome
Kenley Neufeld
51:15
A couple weeks ago a webinar offered by the Association of Southeastern Research Libraries (ASERL) with a group of lawyer librarians gave some fantastic analysis for the COVID situation
Jeffrey Sabol
52:23
Not at all
Brian Greene
52:33
Does the copy seem legit or like someone copied it with their phone?
Kenley Neufeld
52:38
It’s on the internet. Linking is always ok
Edward Kane
52:51
they seemed to indicate they have no standing so I say go
Kenley Neufeld
53:32
Use it
Brian Greene
53:39
Agreed
Edward Kane
54:04
if they were going to sue, the would have said
Fred Poling
54:09
What about posting a link to an article in a database (eg EBSCO)? Since the students legally HAVE access to that content?
Laura Pellegrini
54:22
Thank you to everyone!
Brian Greene
54:26
Totally fine
Kenley Neufeld
54:29
That’s ok too
Kenley Neufeld
54:53
Use the Permalink
Shagun Kaur
55:32
Yes, agreed
Brian Greene
56:04
I think it depends where the copy is hosted. And there is only so much digging one can do to determine if it's legal
Shagun Kaur
57:23
@Charles, Could it be a LardBucket situation wherein an earlier version is CC licensed and the new version is copyright?
Kenley Neufeld
57:51
These companies aren’t going to sue two individuals sharing articles
Brian Greene
58:24
True, but better to model good practice and figure out a way to provide a legal copy.
Suzanne Wakim
58:36
We may not get sued but we are modeling bad behavior for student. (my personal opinion)
Laura Pellegrini
58:58
If one was to find the Post article on ProQuest, since the school subscribes to ProQuest, the article could be legally shared this way, no?
Kenley Neufeld
59:08
Yes
Kenley Neufeld
59:13
Get the link from a database
Amy Marshall
59:27
in fair text book - if an instructor is making copies of the book chapter by chapter for all of his/her students, is that ok?
Charles Hood
59:47
A student who is unhappy about a grade could turn you in out of malice.
Brian Greene
59:53
Unlikely you would get caught, but not totally impossible.
Fred Poling
59:57
Yes, must use the link; if the students have access, you still cannot make a copy for them, right?
Kenley Neufeld
01:00:00
It ALL comes down to interpretation. And application of Fair Use
Kenley Neufeld
01:00:34
And ALL comes down to litigation. What one college is willing to do may be absolutely not at another
Shagun Kaur
01:01:24
Amy Marshall asked a very important question: Re posting it:in fair text book - if an instructor is making copies of the book chapter by chapter for all of his/her students, is that ok?
Kenley Neufeld
01:02:21
There are six different types of Creative Commons
Shagun Kaur
01:02:45
Is it copyright?
Amy Marshall
01:03:57
exactly.
Brian Greene
01:04:19
You can always make a fair use argument, the question is how strong your argument is. Depends on the four criteria...
Suzanne Wakim
01:04:38
If I'm making photocopies - I'm distributing and I'm preventing them from selling the book. So, no
Daniela Zepeda
01:04:41
Would it be okay if students who are a part of a Canvas Course page are provided with a handout that has links to FAQs and video guides about Zoom and Canvas? Those FAQs and video guides are free access.
Kenley Neufeld
01:04:43
As part of Santa Barbara City College's effort to prevent the spread of COVID-19, the Library (or faculty) is fulfilling scanning requests that exceed what might be reasonable under normal circumstances. As explained in the Public Statement of Library Copyright Specialists: Fair Use & Emergency Remote Teaching and Research, fair use can permit more extensive scanning as part of a legitimate response to a public health emergency such as this one.
Amy Marshall
01:04:53
thanks.
Kenley Neufeld
01:05:38
Bottom line: In order to complete the semester, it is reasonable for faculty (or library staff) to scan textbook portions necessary to complete the course. Faculty should only scan those portions absolutely necessary to complete the course. The scanned material should only be available to students enrolled in a particular course; ideally posted in Canvas. Content should not be posted on a public website.
Suzanne Wakim
01:05:41
I don't think you can copy ANY chapters
Ame Maloney
01:06:13
For further review, explore the Fair Use Evaluator: https://librarycopyright.net/resources/fairuse/index.php
Suzanne Wakim
01:06:17
Otherwise, I could copy a single chapter from 12 different textbooks and "build" my own
Kenley Neufeld
01:06:20
There is no percentage in the Fair Use
Kenley Neufeld
01:06:40
I’d say, one or two semesters is fine
Kenley Neufeld
01:06:48
Long term, get permission
Bianca Rowden-Quince
01:07:13
https://docs.google.com/document/d/13ale0alvLRGTjlpd999B1GTYnuxZIih5bLG3Qw_lHBs/edit
Shagun Kaur
01:07:31
Thanks Kenley
Kenley Neufeld
01:07:49
Emergency Needs: https://bit.ly/2XzUZDZ
Brian Greene
01:08:03
Often I think copying a chapter would be fine. I think building your own book would reduce the strength of other elements of a fair use argument, so if you're doing that then I suspect it would not be okay.
azita Tavana
01:08:32
You talked about percentage being copied, what percentage is considered ok and fair use
Kenley Neufeld
01:08:42
There is no percentage
Bianca Rowden-Quince
01:08:50
No percentage for fair use
Kenley Neufeld
01:08:52
There are guidelines/suggestions
Shagun Kaur
01:09:25
It is the Netflix policies and guidelines
azita Tavana
01:09:30
I think this is constructed to be confusing on purpose
Suzanne Wakim
01:09:54
good summary of fair use cases: https://fairuse.stanford.edu/overview/fair-use/cases/
Shagun Kaur
01:10:15
It is also covered by Intellectual laws
Shagun Kaur
01:11:05
asccc-oeri.org
Kenley Neufeld
01:11:19
Thank you!!!!
Jeffrey Sabol
01:11:21
Thank you Ame and Bianca!!! Awesome presentation.
Shagun Kaur
01:11:21
Sounds good. Thank you
Koby Moridzadeh
01:11:31
Thank you very much.
Laura Pellegrini
01:11:32
Thank you all so very much - very helpful and informative!!
Abraham Reyes
01:11:34
Thank you!
azita Tavana
01:11:35
I have seen faculty copying and rewording paragraphs from different lab manuals and have created their "own" work sheets. Is this ok?
Robert King
01:11:35
This was great, thank you!
Daniela Zepeda
01:11:42
Thank you!
Keli Rowley
01:11:42
Thank you!
Cristina Gutierrez
01:11:45
Thank you! This was great information.
Abraham Reyes
01:11:47
This was quite enlightening...
Gail Ashbrooke
01:11:47
Thank You! This was helpful!
Fred Poling
01:11:53
Thank you!
Amy Marshall
01:12:11
thank you. Very interesting.
Sherry Dorfman
01:12:41
Thanks. Very interesting.
Shagun Kaur
01:12:42
ASCCC-OERI.ORG
Koby Moridzadeh
01:13:03
wonderful!
Brian Greene
01:13:07
Thanks!
Kimberly England
01:13:08
thank you all
Amy Marshall
01:13:48
i tried to save the chat but couldn’t can you send it to me?