Overview of Copyright Question and Answer Session, August 17, 2012
Statement about Fair Use
The Classroom Guidelines were drawn up in the 1970s by librarians and publishers as a “safe harbor” for libraries and educators. As demonstrated by Cambridge University Press v. Becker (The GSU Library Copyright Lawsuit), the guidelines are a very conservative interpretation of copyright law that favors publishers.
Fair use has lots of gray areas. Understanding what is meant by each of the four factors varies widely and there are no clear guidelines for determining fair use based on the four factors. As the judge in the GSU case stated, “fair use does not rest on ‘bright-line rules’ and must be done on a case-by-case basis.” Read more here.
Can I link to things available on the Internet without infringing copyright?
You may link to anything available on the Internet.
The group conversation touched on the educational advantage to students of providing them with citations for materials available from the library and expecting them to retrieve those materials for themselves.
I have an article that I want to use every semester—do I need to pay license fees?
Consider the fair use test:
1) The character of the use is non-profit, classroom use
2) The nature of the work is published and factual
3) The amount used is a single article from a journal
4) The effect on the market may be minimal for the particular article, but may establish a pattern of use that has large implications for journal publishers. There is also the question of whether or not the article can be licensed for a reasonable cost.
Other considerations—who holds the copyright, the author or the journal?
It would be reasonable to try to get permission to use an article, perhaps from the author (if they hold copyright), when you use it over and over.
The textbook I ordered is late and my students are required to buy the book—can I post the first chapter in Blackboard?
This seems a reasonable plan. However, post the minimum necessary for the shortest time possible. You should limit yourself to posting a single chapter of the book.
What if only one student needs access to the textbook instead of the whole class? Should I email copies to them or use Blackboard?
Blackboard seems a better medium to share copyrighted information. You can create a group of one to give the student the document. Again, copy of the minimum necessary and post it for the shortest amount of time reasonable.
I am concerned that the VHS tape I rely on will be destroyed by our VHS players. Can we convert this to DVD?
The copyright law does not permit converting materials from one format (e.g. VHS to DVD) to another without permission. While libraries have permission to make archival copies of materials they own, in most cases, the Meredith library will chose to purchase again in a new format rather than devote our scarce staff resources to making copies.
What if we can’t find a replacement?
In this case, creating an archival copy seems reasonable. It is important to make a good faith effort (ongoing if necessary) to locate the copyright holders and get permission before making that copy available for use. Document your efforts to locate the copyright holder.
My club would like to show a video each semester.
Copyright law is generous about classroom use of copyrighted material and much more restrictive regarding extracurricular uses. To show a film to a club, you would need to get permission for a public performance. Public performance rights are expensive, with charges beginning at $350.00.
The library has purchased public performance rights for many of the academic films we own. Check with Media Services about whether we already have the license you need. Media staff can also guide film selectors to resources we already have permission to use.
For small clubs, one approach to the film showing is to ensure that every viewer is receiving credit for watching the film. Such showings might be promoted only by faculty who are giving the credit and should not be open to those not attending one of the participating classes.
I want to use several short pieces of a film in my class.
The copyright law encourages making copies of the minimum amount of materials necessary to achieve your educational goals.
I created a workbook to use with my classes. Am I protected by copyright even if I haven’t registered the work with the Library of Congress?
Your work is copyrighted automatically for five years without registration once you publish it. To continue your copyright beyond five years, you need to register it. You can get a court to stop use of an unregistered work, but cannot collect damages for infringements without registration.
My students are required to purchase a textbook in fall and spring. In summer, I place copies on reserve for them instead. May I use the supplemental materials supplied with the textbook when students aren't required to purchase it?
It depends on the licensing terms for the materials supplied. However, if you have the materials legally, you can probably use them without requiring student purchases.
What if I want to show a video to students in Sansepolcro (for class or entertainment)?
Copyright laws in Europe are significantly more restrictive than US laws. However, we do not know enough about Italian law to answer this question.
Carlyle Campbell Library
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