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Fair Use Week
What's fair use?
“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2.the nature of the copyrighted work;
3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4.the effect of the use upon the potential market for or value of the copyrighted work.”
Fair Use Fundamentals- ARL
Fair Use- Further Reading
Creative commons (or CC) is a type of license that eschews some conventional protections of copyright, but may retain others. The license is defined by the creator at the time of publication. As the CC website puts it - they 'let you change your license from all rights reserved, to some rights reserved.'
In it's basic definition, Public Domain includes works created:
- before 1923
- between 1923-1963 with copyright notice, but no renewal
- between 1923-1977 with no copyright notice
- between 1978-March 1, 1989 with no copyright notice and no registration
- to which the author/owner has given up rights
Technology, Education, and Copyright Harmonization, (TEACH) Act
Copyright law generally treats digital and non-digital content similarly. Materials that require permissions for use in face-to-face classes still require permission in course management system. That said, this does not supersede fair use or existing digital license agreements, but it does allow for a greater variety and degree of reproduction.Specifically forbidden is the transmission of textbook materials “typically purchased or acquired by a student.” As with classroom use, portions must be “reasonable and limited” and such as might be performed or displayed during a typical class.
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