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 Title : "Fair Usage" (1) | | The "fair use" of copyrighted materials refers to the reproduction or copying of copyrighted materials without receiving authorized permission to do so when that reproduction or copying can be shown to meet a "Four-Factor Fair Use Test":
Here are the four "fair use factors":
- What is the character of the use?
- What is the nature of the work to be used?
- How much of the work will you use?
- What effect would this use have on the market for the original or for permissions if the use were widespread?
The nature of the response to any one of these four factors can influence the weight given to one or more of the other three in determining what constitutes the "fair use" of a work in a given circumstance or instance, making rulings of the courts in one case almost moot in determining the outcome of infringement suits filed in other cases. The recent reversal in the Texaco suit is a good case in point.
The bottom line is that any unauthorized reproduction of copyrighted materials--even in an academic setting--brings an individual instructor and his/her institution into an arena of high risk! | | | Title : Background (1) | | Both the increased availability of materials for instruction and the enhancement of learning and the skyrocketing costs of the same create dilemmas, from time to time, for instructors who want to enrich their teaching and the experiences of their students.
When that means copying, transcribing electronically, photocopying, reprinting, or even republishing copyrighted materials, instructors and their agents risk both personal and institutional liabilities with fines as high as $100,000 per incident of copyright infringement. Such an infringement could be as little as the unauthorized reproduction of a single page!
At the same time, publishers have shown little reluctance in filing suit against violators, even within non-profit educational settings. In fact, to tighten restrictions even further in their interest in protecting their profits, many publishers and producers of copyrighted materials have created "Permissions Departments" which have extensive authority to dictate fees, define royalties, grant permissions, and even sell highly restrictive licenses for the use of their works.
The effect of "licensing" use of copyrighted materials openly challenges traditional claims to "fair usage," even in academic institutions engaged in both teaching and research.
| | | Title : Disclaimer (1) | | The issue of copyright in an academic setting and a set of operating guidelines for management of reproduction of copyrighted materials in our department. This discussion does not represent a legal opinion and is not meant to substitute for legal consultation on any specific case. | | | Title : Guidelines for Mountain View College (1) | |
- Copyrighted materials reproduced without permission should conform to the "Rules of Thumb" referenced above.
- Copyrighted materials reproduced with permission must clearly state as much, identifying the authorizing agency and date of copyright (usually the date/year of publication).
- Requests for reproduction of materials which meet these guidelines will be facilitated by support staff in a timely manner.
- College support staff reserve the right to hold any requests which to them may be in violation of the guidelines. All such cases will be brought to the attention of the Chair who will consult with the instructor. The Chair will approve or deny the request for reproduction. The instructor may appeal the decision of the Chair to the Executive Dean for Arts and Sciences or seek written permission for reproduction from the appropriate authority.
- Requests for permission should be specific and should completely detail what is to be reproduced and how, when and how it is to be displayed or distributed and in what quantities, and the period of time in which the permission is to be authorized.
- Instructors should keep all copies of written permissions to reproduce copyrighted materials.
| | | Title : Implications (1) | | Does this mean that instructors cannot reproduce and distribute copyrighted materials of any kind?
Answer: No, not necessarily so, depending on the "four factor" use test above, but an instructor's interpretation is open to contest in court should a publisher choose to file suit, and courts have been ambivalent in their interpretations.
Generally, teachers are free to reproduce and distribute copyrighted materials that meet the "four-factor test" in a face-to-face classroom display of that material. That does not apply to the reproduction and distribution of the same materials a second time in another class, in another course, or in a subsequent semester.
| | | Title : Links to Sites Addressing Copyright Law and Academic Policies (1) | | | | | Title : Purpose (1) | | The purpose of this site is twofold:
- to provide staff development on the subject of the academic use and distribution of materials protected under the statutes of copyright laws, and
- to identify specific guidelines governing academic use and distribution of such materials for the faculty of Mountain View College.
| | | Title : UT "Rules of Thumb" (1) | | Some Guidelines
The University of Texas has adopted a clear set of guidelines called "Rules of Thumb" that have been announced as operating policies. These "Rules of Thumb" seem most reasonable, given the unstable legal setting education faces presently. It should be noted, however, that any particular case for "fair use" reproduction may fail under court scrutiny depending on the interpretations defined under the "Four-Factor Fair Use Test." In other words, the reproduction of a single chapter from a book might still violate infringement even though the short amount of text might seem otherwise to qualify a selection under "fair use."
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