Copyright and Fair Use Mythbusters - Shared screen with speaker view
Unless they’ve signed a contract that states otherwise. For example, when getting punished in a journal.
Yes, thank you Kenley
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.
Teach ACT: https://www.copyright.com/wp-content/uploads/2015/04/CR-Teach-Act.pdf
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.
I don't think the Copyright Clearance Center is a good source
for anything, the extort libraries and colleges
Yes, CCC needs to be taken with a grain of salt. They lean more toward the copyright holder.
But the basics from are usually really nicely late out.
Late = laid
Which is a good source then?
Wonderful. Thank you
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?
I rely on some of the larger university systems.
They have legal teams and are focused on classroom needs
A great site is https://creativecommons.org/\
Creative Commons is awesome!
That makes sense, thanks!
Thank you Jeff.
That's fine. No rush on my end.
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
So true, Kenley
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?
Providing links is fair game
Providing links is just fine
If there is free access to the website, providing the link is fine. Otherwise, it may not be...
What is your take on Allen v. Cooper, the recent decision?
Libraries pay much higher rates for DVDs
When you use Netflix, you are using a license. License trumps copyritht
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.
@Brian - I completely agree. Lots of pirated textbooks and videos online
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.
I love fair us
There was a session last week all on the topic of Creative Commons. It’s probably posted somewhere. Maybe ACCCC site?
@Kenly all archived webinars are at asccc-oeri.org
The Link for the LIbGuide: https://libraryguides.missouri.edu/copyright
You are welcome
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
Not at all
Does the copy seem legit or like someone copied it with their phone?
It’s on the internet. Linking is always ok
they seemed to indicate they have no standing so I say go
if they were going to sue, the would have said
What about posting a link to an article in a database (eg EBSCO)? Since the students legally HAVE access to that content?
Thank you to everyone!
That’s ok too
Use the Permalink
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
@Charles, Could it be a LardBucket situation wherein an earlier version is CC licensed and the new version is copyright?
These companies aren’t going to sue two individuals sharing articles
True, but better to model good practice and figure out a way to provide a legal copy.
We may not get sued but we are modeling bad behavior for student. (my personal opinion)
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?
Get the link from a database
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?
A student who is unhappy about a grade could turn you in out of malice.
Unlikely you would get caught, but not totally impossible.
Yes, must use the link; if the students have access, you still cannot make a copy for them, right?
It ALL comes down to interpretation. And application of Fair Use
And ALL comes down to litigation. What one college is willing to do may be absolutely not at another
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?
There are six different types of Creative Commons
Is it copyright?
You can always make a fair use argument, the question is how strong your argument is. Depends on the four criteria...
If I'm making photocopies - I'm distributing and I'm preventing them from selling the book. So, no
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.
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.
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.
I don't think you can copy ANY chapters
For further review, explore the Fair Use Evaluator: https://librarycopyright.net/resources/fairuse/index.php
Otherwise, I could copy a single chapter from 12 different textbooks and "build" my own
There is no percentage in the Fair Use
I’d say, one or two semesters is fine
Long term, get permission
Emergency Needs: https://bit.ly/2XzUZDZ
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.
You talked about percentage being copied, what percentage is considered ok and fair use
There is no percentage
No percentage for fair use
There are guidelines/suggestions
It is the Netflix policies and guidelines
I think this is constructed to be confusing on purpose
good summary of fair use cases: https://fairuse.stanford.edu/overview/fair-use/cases/
It is also covered by Intellectual laws
Thank you Ame and Bianca!!! Awesome presentation.
Sounds good. Thank you
Thank you very much.
Thank you all so very much - very helpful and informative!!
I have seen faculty copying and rewording paragraphs from different lab manuals and have created their "own" work sheets. Is this ok?
This was great, thank you!
Thank you! This was great information.
This was quite enlightening...
Thank You! This was helpful!
thank you. Very interesting.
Thanks. Very interesting.
thank you all
i tried to save the chat but couldn’t can you send it to me?