Library Home: Intellectual Property (IP): Fair Use

If it is on the Internet, it is free to use, right?

Not exactly. Just because content is on the Internet does not mean it is free to be used in any situation. All original content, regardless of access, may have copyright protection, even if it is not declared.

When in doubt, treat everything as under copyright, until proven otherwise.

What is Open Access? (OA)
Open Access refers to removing barriers such as "paywalls". Open Access initiatives seek to make research articles and other works easy to find and read, for free. It does not address copyright, but rather the methods of funding and accessing the research or other works.
What are Open Educational Resources (OER)?
Open Educational Resources are works that copyright owners have "opened" by adding a Creative Commons or other License that removes some copyright restrictions. The ideal is to allow others to "retain, reuse, revise, remix, and redistribute" without needing to ask for permission, as long as the work is attributed to the copyright owner, giving credit where it is due.
U.S. GOVERNMENT WORKS (fairuse.stanford.edu)
"In the U.S., any work created by a federal government employee or officer is in the public domain, provided that the work was created in that person's official capacity."...
"Keep in mind that this rule applies only to works created by federal employees and not to works created by state or local government employees. However, state and local laws and court decisions are in the public domain."

Movies in the Classroom

Copyright: Media in the Classroom (stmary.edu)
Do I Need Public Performance Rights (guides.uflib.ufl.edu)
Summary: You need public performance rights: If the showing of the video is open to the public,.or..is in a public space where access is not restricted,.or.. a showing of a film by a club or organization. You do not need public performance rights: If you are privately viewing the film at home .or..you are an instructor showing the film in class as part of the course curriculum-> to officially enrolled students in a classroom that is not open to others to attend, .or..If the film is in the public domain.

FOUR FACTOR TEST of Fair Use

How does your use add up when applying 4-Factor test?

Fair Use - 4 Factor analysis:

1. The purpose and character of your use
Fairer: Non-profit. Educational.

2. The nature of the copyrighted work
Fairer: Facts.

3. The amount and substantiality of the portion taken
Fairer: Just a quote, a few pages.

4. The effect of the use upon the potential market.
Fairer: One article for personal, non-profit, educational use.

EXAMPLES: Measuring Fair Use: The Four Factors (fairuse.stanford.edu/)
TOOL: Fair Use Checklist (copyright.psu.edu)
ANIMATION: Copyright and Fair Use Related: https://msu.edu/~milczyn1/copyrightfairuselesson.html https://www.edutopia.org/blog/film-festival-copyright-fair-use https://www.educatorstechnology.com/2013/02/10-must-have-resources-to-teach-about.html

"Fair Use" and Copyright Law

Fair Use: Generally refers to copying or using a work or part of a work for personal, non-commercial, or educational use, rather than financial gain. Each cases must be determined on its own merits, based on the "Four Factors" and context of use.

Best Practice: Share the or information for an article, rather than a copy of the article itself.

COURT CASE EXAMPLES: Summaries of Fair Use Cases (fairuse.stanford.edu)
WARNING: No Rule-Of-Thumb for Fair Use
"There is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission."

FVTC Copyright and Fair Use Policy

FVTC Copyright and Fair Use Policy found under Campus Policies> under Instruction tab > Copyright Compliance
https://www.fvtc.edu/Portals/0/PDFs/About-Us/Policies/Instruction/Copyright-Compliance.pdf

more detail

Copyright infringement is decided on a case by case basis. Using something for your own, personal, educational, non-profit use is usually fair use. Making money off of someone else's creative work without license or permission is usually not fair use.

Fair Use - 4 Factor analysis:

1. The purpose and character of your use
Fairer: Non-profit. Educational.
Unfair: Taking credit for original poem/story/picture you did not originate yourself.

2. The nature of the copyrighted work
Fairer: Facts. EX: New books available at the library.
Unfair: Stealing an unpublished fictional piece of writing you did not create (or hire someone to create).

3. The amount and substantiality of the portion taken
Fairer: Just a quote, a few pages. EX: Title and publisher date.
Unfair: Selling or giving away copies of the part of the work that would be the sole reason someone would buy the work.

4. The effect of the use upon the potential market.
Fairer: One article for personal, non-profit, educational use.
Unfair: If you steal or prevent the opportunity for the copyright owner to make money or gain status.

Fair Use - 4 Factor analysis:

1. The purpose and character of your use
Fairer: Educational.
Less fair: Trying to gain value (more status) for less or no original work.

2. The nature of the copyrighted work
Fairer: Facts. New research using new variables or new subjects.
Less Fair: Re-using old without self-citing. Re-using old summaries and methods, no changes to methods. Re-doing old work.

3. The amount and substantiality of the portion taken
Fairer: Just a quote, a few pages.
Less fair: The whole thing, or the main point of the book, article, etc. EX:Re-publishing under different name in differnt journal. (See #1)

4. The effect of the use upon the potential market.
Fairer: One article for personal, non-profit, educational use.
Less fair: Preventing content owner an opportunity to make money. EX: Person can get same article from cheaper journal. Only a problem if publisher owns content.

Does anyone care? Yes. Universities that try to treat faculty equally and fairly for granting tenure. Other competitors that lost out on tenure because they acted ethically, will certainly try to uncover your unethical behavior.