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Fair
Use (codified in 1976): For certain things, it is "fair"
for others besides the copyright holder to use materials. |
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Copyright's
Purpose: To improve society through advancement of knowledge
Copyright
law balances the rights of copyright owners with the rights of
the public for access to and use of works. It provides:
- Incentive
to authors
- Limits
on authors' rights to control and exploit works
- Balance
achieves copyright's constitutional purpose
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Factors for Fair Use:
- Purpose
- (what is it being used for? Educational use is fair)
- Nature
- (of the work itself - for example, fiction is more protected
than nonfiction)
- Amount
- (percentage you are copying - rule of thumb - 10% seems to be max.
allowable)
- Affect
- (how does your use of the material affect its market)
For
Classroom Use of Materials
(this
would include use of copyrighted materials on the web for course web pages)
- Access:
should be limited to class; should be up for a short duration (use
of password can limit websites to use by class, keep posted no longer
than a semester)
- Quantity:
percentage of work being used (again, 10% seems to be max. allowable)
- Spontaneity
of Use: ex. you see something you want to use in class, and don't
have time to get permission from author. If you continue to use it
semester after semester, spontaneity of use no longer applies!
All have
to be satisfied!
All
use of copyrighted materials should indicate source and its copyright.
Materials
not protected by copyright:
- "Old"
material (now life of author plus 75 years)
- U.S.
Government Publications
Printing
Service, NIU Library and Bookstore can get permission for use of copyrighted
material, or answer questions.
Please
see Barb Ball to password-protect your course notes websites if they
include use of copyrighted materials.
Questions?
contact Barb Ball at bball@niu.edu
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