Fair Use for Faculty
Full Citation
Permanent Link: http://ufdc.ufl.edu/IR00000639/00001
 Material Information
Title: Fair Use for Faculty
Series Title: CALS Teaching Symposium
Physical Description: Presentation
Creator: Ross, Christine
Abstract: Presentation slides from talk given on fair use at the 2011 CALS Teaching Symposium
Acquisition: Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Christine Ross.
Publication Status: Unpublished
 Record Information
Source Institution: University of Florida Institutional Repository
Holding Location: University of Florida
Rights Management: All rights reserved by the submitter.
System ID: IR00000639:00001


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FAIR USE FOR FACULTY: COPYRIGHT IN THE PHYSICAL AND DIGITAL CLASSROOM Christine Ross J.D., MSLIS Scholarly Communications Librarian George A. Smathers Libraries


WHAT IS FAIR USE? Exemption from the exclusive rights of a copyright holder Exclusive Rights Fair Use Educational Use Tips Balance in Favor of Fair Use


FOUR FACTORS OF FAIR USE Exclusive Rights Fair Use Exclusive Rights Fair Use Exclusive Rights Fair Use Exclusive Rights Fair Use Purpose and Character of the Use Amount of Work Used Nature of the Work Effect on the Market


COPYRIGHT ISSUES FACED BY FACULTY Online Instruction Coursepacks E Reserves Ownership of Course Materials Teaching Retention of Rights as Author Open Access Participation Institutional Repositories Inclusion of Copyrighted Works in Own Work Research


TEACHING Fair Use for Faculty


ONLINE INSTRUCTION TEACH Act, 17 U.S.C. § 110(2). Application Display or performance of works in online classroom Works marketed for distance ed /digital transmission may not be streamed harm to market Permits conversion of certain AV analog works no viable digital alternative o Instructor Responsibilities Select works that serve pedagogical goals of the course not supplementary To not adversely effect market (e.g. digitizing and posting materials in lieu of student purchase) Incorporation of materials into online course o Streaming media Quantity limits under TEACH Act reasonable and limited portions of dramatic and A/V works o Digital copies of print works Fair Use Analysis


COURSEPACKS Print Coursepacks o Case law copying, assembly and sale of copyrighted materials requires permission o Self copying / distribution to students may also require permission Electronic Coursepacks o Avoid re creation of a print coursepack by posting same assemblage of materials online without permission o if avoiding purchase by students, weighs against fair use


E RESERVES Fair Use Analysis Library staff will conduct analysis seek permission where necessary liaison to keep up to date on electronic or licensed resources -create/find persistent links


OWNERSHIP OF COUSE MATERIALS Work for Hire Doctrine o Faculty typically deemed employees of the university o Creation of teaching materials within scope of employment o Presumption copyright held by employer (university) o Doctrine University of Florida Intellectual Property Policy www.research.ufl.edu/otl/pdf/ipp.pdf General Counsel FAQ on Copyright http ://www.generalcounsel.ufl.edu/faq/Copyright.pdf o In general and unless some other arrangement has been made, the employer, not the discipline in which the creator is engaged by the University or is made with the use of University support, is owned by the University


RESEARCH Fair Use for Faculty


RETENTION OF RIGHTS AS AUTHOR Traditional publication agreements o Transfer of all rights to publisher o o May hinder dissemination of research How to negotiate publication agreement o copyright law permits unbundling of rights o Author Addendums o SPARC http:// www.arl.org/sparc/bm~doc/Access Reuse_Addendum.pdf o ScienceCommons http:// www.sciencecommons.org/resources/faq/authorsaddendum o SHERPA ROMEO and JULIET http://www.sherpa.ac.uk/ o Publish in Open Access journals


OPEN ACCESS o Free access, without restriction, to scholarly content via the Internet o It is not granting permission for others to use or steal your work in contradiction to your rights. Why is OA Important? o Cost of scholarly journals o Preserve access to locally created knowledge o Dissemination of knowledge to all encourages study, collaboration, research, and production of new scholarship Things to Consider o How to locate open access journals in your field Directory of Open Access Journals http://www.doaj.org o Benefits of publishing in an open access journal. o Recognition by tenure units of publication in open access journals o Open Access Week October 26 th 1 3:30, Rion Ballroom, Reitz Union


INSTITUTIONAL REPOSITORY UF@IR o Know what your rights are to your published works. o Determine whether publishers allow deposit and if so, what form and statement of ownership required. o Not just for articles conference posters, audio and video, data sets, etc o Contact Dina Benson, IR Coordinator dbenson@uflib.ufl.edu or 273 2763 Participate in agency or discipline specific repositories o OpenDOAR Directory of Open Access Repositories http://www.opendoar.org / o arXive repositories in the fields of physics, mathematics, non linear science, computer science, and quantitative biology http://arxive.org


INCORPORATION OF COPYRIGHTED MATERIALS INTO OWN WORKS Identifying materials in public domain o Expiration of copyright date of publication, life of author (see http:// copyright.cornell.edu/resources/publicdo main.cfm ) o Federal Government works o State government works not clear o Facts/raw data o Creative Commons licensed works Use of audio or video clips in presentations fair use Transformative Use comment, criticism, parody


Questions? Christine Ross christine.ross@ufl.edu / 273 2710 http:// guides.uflib.ufl.edu/copyright http://campuscopyright.wordpress.com Twitter: campuscopyright