Four
Questions to ask To Determine Copyright Infringement
Under the Digital Millennium
Copyright Act
-
Is
my use of this material going to prohibit the ability
of the creator of the mater ial to earn money?
-
If
yes, it is considered "copyright infringement"
- Have
you used the critical portion of the work?
- For
example, 6th Sense - if last few frames
shown, then, yes it's infringement because it
tells the whole story.
-
Is specific, written, educational purpose attached to the
use of this work?
If
school/library purchases something (video, db.) then
you're probably safe because they've paid royalties
upfront.
-
If you rent it yourself
and show a part of the movie, you're probably OK
with your use for education.
-
Spontaneous
use of the work is OK - something you see on TV
and show it once in your class
- Am
I displaying the work or am I archiving the
work?
- Archiving - keeping
it as a permanent part of your work and producing
it over and over again. If you show something
over 45 days, then it's archiving.
- Displaying
the work is OK.
- Have
I rendered this work into a secondary, published
or distributed form?
- i.e.
took everything on a web site and put it on
a CD, and then sold it. You are selling it
in a secondary form.
- Cite
the references that things came from.
*****
BEST POLICY *****
- If
it's possible to ask and receive permission,
then do so
WEB Copyright issues
- Users
would like to capture entire web sites and then
use them on their site. This is called Web Wacking
and infringes copyright. DON'T DO THIS!
- Linking to other web sites - you should get permission first
before doing this. I.e. ticketmaster site;
radio shack
Email
the creator of material and at end of email say:
- "If I don't hear
from you by xxx I will assume I have permission
to link to it."
- Specify
the amount and timeframe
Digital
Information
- If
using Web Template software (i.e. Blackboard)
can you use pieces from CD's/VHS tapes (because
the site is password protected therefore there's
a restricted
audience).
- Always
best to ask for permission< /li>
- It
depends on how much of the work
is used
- Ask
the 4 questions above
Tips
for faculty:
- Start
a copyright folder to keep permission documents in.
-
Faculty
should contact copyright holder themselves
(or work with the library staff) and ask for
documented
pe rmission
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