Copyright

Public domain works are not restricted by copyright and do not require a license or fee to use.  Public domain status allows the user unrestricted access and unlimited creativity!

There are three main categories of public domain works:

• Works that automatically enter the public domain upon creation, because they are not copyrightable:
  • Titles, names, short phrases and slogans, familiar symbols, numbers
  • Ideas and facts (e.g., the date of the Gettysburg Address)
  • Processes and systems
  • Government works and documents1
• Works that have been assigned to the public domain by their creators
• Works that have entered the public domain because the copyright on them has expired

Teaching Copyright

The Copyright Act gives copyright holders the exclusive right to reproduce works for a limited time period.  Fair use is a limitation on this right.  Fair use allows people other than the copyright owner to copy part or, in some circumstances, all of a copyrighted work, even where the copyright holder has not given permission or objects.

By carving out a space for creative uses of music, literature, movies, and so on, even while the works are protected by copyright, fair use helps to reduce a tension between copyright law and the First Amendment's guarantee of freedom of expression.  The Supreme Court has described fair use as "the guarantee of breathing space for new expression within the confines of Copyright law."

Four Factors of Fair Use:

• The purpose and character of the use of copyrighted work
  • Transformative quality - Is the new work the same as the copyrighted work, or have you transformed the original work, using it in a new and different way?
  • Commercial or noncommercial - Will you make money from the new work, or is it intended for nonprofit, educational, or personal purposes?  Commercial uses can still be fair uses, but courts are more likely to find fair use where the use is for noncommercial purposes.
• The nature of the copyrighted work A particular use is more likely to be considered fair when the copied work is factual rather than creative.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole How much of the copyrighted work did you use in the new work?  Copying nearly all of the original work, or copying its "heart," may weigh against fair use.  But "how much is too much" depends on the purpose of the second use.  Parodies, for example, may need to make extensive use of an original work to get the point across.2
• The effect of the use upon the potential market for or value of the copyrighted work This factor applies even if the original is given away for free.  If you use the copied work in a way that substitutes for the original in the market, that will weigh against fair use.  Uses of copyrighted material that serve a different audience or purpose are more likely to be considered fair.

These factors are guidelines, and they are not exclusive.  As a general matter, courts are often interested in whether or not the individual making use of a work has acted in good faith.

Teaching Copyright

"Orphan Works" probably comprise the majority of the records of 20th century culture. These works are still presumably under copyright (only works published before 1923 are conclusively in the public domain), but the copyright owner cannot be found. The default response of archivists, libraries, film restorers, artists, scholars, educators, publishers, and others is to drop copyrighted work unless it is clearly in the public domain. As a result, orphan works are not used in new creative efforts or made available to the public due to uncertainty over their copyright status, even when there is no longer anyone claiming copyright ownership, or the owner no longer has any objection to such use.

Center for the Study of the Public Domain

New Roles, Rules and Responsibilities for Academic Institutions

Signed by President Bush on November 2, 2002, the Technology, Education, and Copyright Harmonization (TEACH) Act was the product of discussion and negotiation among academic institutions, publishers, library organizations and Congress. It offered many improvements over previous regulations, specifically by amending sections 110(2) and 112(f) of the U.S. Copyright Act. The following overview of the TEACH Act seeks to balance the perspectives of both copyright owners and content users, and provide guidance for today's academic institutions.

A Brief Guide to TEACH
Although copyright law generally treats digital and non-digital copyright-protected works in a similar manner, special digital uses, such as online distance learning and course management systems, require special attention. Some of the special copyright requirements of online distance learning are specifically addressed by the TEACH Act.

The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act's qualifying requirements. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus.

Under TEACH:

• Instructors may use a wider range of works in distance learning environments.
• Students may participate in distance learning sessions from virtually any location.
• All participants enjoy greater latitude when it comes to storing, copying and digitizing materials.

TEACH Requirements
In exchange for unprecedented access to copyright-protected material for distance education, TEACH requires that the academic institution meet specific requirements for copyright compliance and education. For the full list of requirements, refer to the TEACH Act at www.copyright.gov/legislation/archive/.

In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:

• The institution must be an accredited, non-profit educational institution.
• The use must be part of mediated instructional activities.
• The use must be limited to a specific number of students enrolled in a specific class.
• The use must either be for 'live' or asynchronous class sessions.
• The use must not include the transmission of textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses.
• Only "reasonable and limited portions," such as might be performed or displayed during a typical live classroom session, may be used.
• The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.
• The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut & paste disabling, etc.

What TEACH Does Not Allow
The new exemptions under TEACH specifically do not extend to:

• Electronic reserves, coursepacks (electronic or paper) or interlibrary loan (ILL).
• Commercial document delivery.
• Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.
• Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.

It is also important to note that TEACH does not supersede fair use or existing digital license agreements.

Ultimately, it is up to each academic institution to decide whether to take advantage of the new copyright exemptions under TEACH. This decision should consider both the extent of the institution's distance-education programs and its ability to meet the education, compliance and technological requirements of TEACH.

Copyright Clearance Center

OCTOBER 2, 2013

by Lindsay Lavine

Disney Parody explanation of Copyright Law and Fair Use.