Fair Use Resources

• Peralta Community College District Copyright Policy
• Fair Use Photocopying Guidelines Handout
• Educational Fair Use Guidelines : "Publishers and the academic community have established a set of educational fair use guidelines to provide "greater certainty and protection " for teachers. While the guidelines are not part of the federal Copyright Act, they are recognized by the Copyright Office and by judges as minimum standards for fair use in education. A teacher or pupil following the guidelines can feel comfortable that a use falling within these guidelines is a permissible fair use and not an infringement. Many judges look to these guidelines when making related fair use determinations. The educational use guidelines can be found in Circular 21, provided by the Copyright Office (http://lcWeb.loc.gov/copyright/circs/circ21.pdf )."

• Copyright Management Center - "The Copyright Management Center (CMC) serves the Indiana University-Purdue University Indianapolis (IUPUI) and larger Indiana University community with the management of copyright issues arising in the creation of original works and in the use of existing copyrighted works for teaching, research, and service.  The CMC originated at IUPUI in 1994 specifically in response to those needs; it was the first office of its kind at any college or university in the United States."
  
• Stanford Copyright & Fair Use Center
• Fair Use Project - "The Stanford Center for Internet and Society's "Fair Use Project" ("the FUP") was founded in 2006 to provide legal support to a range of projects designed to clarify, and extend, the boundaries of "fair use" in order to enhance creative freedom"
• U.S. Copyright Office – Fair Use
• Applying Fair Use in the Development of Electronic Reserves Systems, November 2003 – “Statement from the Association of Research Libraries seeks to articulate how institutions are currently applying fair use to copyrighted materials included in electronic reserves systems. In addition, the statement provides general guidance on design and operation of systems that are both compliant with copyright law and take full advantage of fair use and library exemptions that are central elements of the law. The statement addresses only how U.S. copyright law applies to electronic reserve operations in academic institutions. The application of U.S. copyright law to the use of copyrighted materials in course- or learning-management systems is out of scope of this statement.”
• Fair Use in the Electronic Age Outlines “the lawful uses of copyrighted works by individuals, libraries, and educational institutions in the electronic environment. Sponsored by: The American Library Association, The Association of Law Libraries, Association of Academic Health Sciences Library Directors, Association of Research Libraries, Medical Library Association, Special Libraries Association and endorsed by the Art Libraries Society of North America.”
• Know Your Copy Rights—What You Can Do : “A 2007 Brochure Aimed at Faculty and Teaching Assistants Among the topics covered in the brochure are: fair use, the advantage of linking to instead of copying works, and special provisions for displaying or performing works in classes. The brochure also includes a one-page chart that highlights 24 situations when various categories of works can be used.”
• Tales from the Public Domain:  Bound by Law? “Bound by Law translates law into plain English and abstract ideas into ‘visual metaphors.’ So the comic's heroine, Akiko, brandishes a laser gun as she fends off a cyclopean 'Rights Monster' - all the while learning copyright law basics, including the line between fair use and copyright infringement.” -Brandt Goldstein, The Wall Street Journal online.
  

FAIR USE CHECKLISTS

• Copyright and Fair Use Guidelines for Teachers "This chart was designed to inform teachers whaty they may do under the law."
• Copyright Management Center Checklist for Fair Use  " a helpful tool for the academic community. . . . it should help educators, librarians, and others to focus on factual circumstances that are important to the evaluation of a contemplated fair use of copyrighted works. A reasonable fair-use analysis is based on four factors set forth in the fair-use provision of copyright law, Section 107 of the Copyright Act of 1976. The application of those factors depends on the particular facts of your situation, and changing one or more facts may alter the outcome of the analysis. The “Checklist for Fair Use” derives from those four factors and from the judicial decisions interpreting copyright law."
• Copyright Management Center Checklist for Compliance with the TEACH Act : "The primary purpose of this checklist is to help document your compliance with the TEACH Act.  The checklist enumerates the law's many requirements and groups them according to the unit within the educational institution that will likely be responsible for each step.  We suggest that educators complete and keep a copy of this document in connection with each distance-education course."
• University of Minnesota's Fair Use Analysis Tool "Use this form to conduct a thorough four-factor review of your proposed use. It is a tool intended to assure that you examine all factors surrounding the circumstances of your proposed use."

OBTAINING PERMISSION FROM COPYRIGHT HOLDER

• CMC Introduction to Permission Letters
• Association of American Publishers' How to Request Copyright Permission from Publishers
• Copyright Clearance Center : Founded in 1978 as a not-for-profit company, CCC is a member of the International Federation of Reproduction Rights Organisations (IFRRO). Our bilateral agreements with other Reproduction Rights Organizations worldwide help to create a global system for licensed content use.
• Literary Market Place :Listings of publishers, agents, trade services and international resources.
• Stanford's Copyright and Fair Use Academic and Educational Permissions
  

FINDING OPEN RESOURCES

• Creative Commons “provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. You can use CC to change your copyright terms from "All Rights Reserved" to "Some Rights Reserved." We're a nonprofit organization. Everything we do — including the software we create — is free.”
• OER Commons Open Educational Resources: “OER Commons is a teaching and learning network, from K-12 lesson plans to college courseware, from algebra to zoology, open to everyone to use and add to.”
• Wikipedia Commons  - "a database of 1,987,155 freely usable media files to which anyone can contribute."

10/24/07 PROFESSIONAL DEVELOPMENT PRESENTATION AND HANDOUTS

• Fair Use Presentation
• Fair Use Photocopying Guidelines
• Fair Use Quiz answers are on second page

SAMPLE COPYRIGHT NOTICE

"Copying, displaying and distributing copyrighted works, may infringe the owner's copyright.  Any use of computer or duplicating facilities by students, faculty or staff for infringing use of copyrighted works is subject to appropriate disciplinary action as well as those civil remedies and criminal penalties provided by federal law."