This document summarizes copyright law and fair use guidelines for classroom instruction. It discusses the key exceptions to copyright for educational use, including face-to-face instruction, virtual instruction under the TEACH Act, and fair use. It provides examples analyzing whether uses would be considered fair use based on analyzing the four fair use factors. Recent court decisions regarding fair use in education are also summarized, including implications of the Georgia State University decision on electronic reserves. Overall it finds things are improving with more guidance and resources available to navigate copyright and fair use.
Faculty Development Workshop -- Copyright in the Classroom... Overview of Copyright and Fair Use with emphasis on recent decisions, esp the Georgia State Univ. case
Faculty Development Workshop -- Copyright in the Classroom... Overview of Copyright and Fair Use with emphasis on recent decisions, esp the Georgia State Univ. case
Copyright and Access Right: A Balancing ActJune Power
A presentation on the application of copyright law to the use of materials in a college/university setting, including a description of copyright, fair use guidelines, a summary of the TEACH Act, and sample scenarios. This presentation has been given as part of the Teaching and Leaning Center's faculty development series.
already started and the first home work submitted need some one to.docxikirkton
already started and the first home work submitted need some one to complete it
The class already started up to December
TMGT
471
Production Planning and Control
Class Time:
Anytime
Class Location:
Online
Department of
Applied Engineering Technology Management
Text
Hopp
WJ, Spearma
n ML (2008) Factory Physics. 3 E
d. Waveland Press, Inc., Long Grove, IL
ISBN:
978-1-57766-739-1
.
Course Description
The main goal of any manufacturing organization is the creation of wealth. In an effort to predict, control
and extract the maximum amount of efficiencies in these organizations flexible, and cost effective manufacturing systems are required. Modern day manufacturing systems are highly intertwined with social, economic
and political systems. This class aims to introduce students to these systems and then explain in detail how manufacturing systems cope in a volatile and global market place.
Course Objectives
1.
Be able to explain the
historical
underpinnings of modern day
production/manufacturing systems
2.
Be able to s
olve
aggregate planning problems
3.
Be able to solve problems associated with control and planning issues using deterministic or stochastic modeling
4.
Demonstrate operation scheduling methods
in a multi-product manufacturing system
Prerequisites
This course assumes a familiarity with
linear equations (which should be covered in MET 215), basic statistics,
and rates
of change
over
time.
Course website
Blackboar
d:
http://blackboard.indstate.edu/webapps/login/
Grading Scheme
Activity
Points
Percentage Allocation
Exam
1
75
15%
Exam
2
75
15%
Final Exam 3
75
15%
Home Work
100
20%
Final Project
150
25%
Participation/Attendance
50
10%
Total Points
500
100%
Grading Scale
Percent
Letter Grade
0.00%
-
59.
99
%
F
59.
99
%
-
62.
99
%
D-
62.
99
%
-
66.
99
%
D
66.
99
%
-
69.
99
%
D+
69.99
%
-
72.
99
%
C-
72.
99
%
-
76.
99
%
C
76.
99
%
-
79.
99
%
C+
79.
99
%
-
82.
99
%
B-
82.
99
%
-
86.
99
%
B
86.
99
%
-
89.
99
%
B+
89.
99
%
-
93.
99
%
A-
93.
99
%
-
97.
99
%
A
97.
99
%
-
100%
A+
Technology Requirements
I would strongly recommend that you all possess the following:
1.
A scientific calculator
2.
Internet access
3.
Microsoft Word, Excel & PowerPoint
Saving & Submitting files
When submitting your assignments in blackboard I you are expected to save your file name as your own name. For example:
AlisterMcLeod.docx
Tentative Schedule of Events
Week
Topic
Assignment
1
Introduction to class
2
Historical development of production/manufacturing systems
Chapter 1
Introduction to Production systems operations
Chapter 1
,
Home Work 1
3
The Science of Manufacturing
Chapter 6
The Science of Manufacturing
Chapter 6,
4
The Science of Manufacturing
Home Work 2
Basic Factory Dynamics (Little’s Law)
Chapter 7
5
Basic Factory Dynamics (Little’s Law)
Chapter 7
Basic Factory Dynamics (Little’s Law)
Chapter 7,
Home Work
3
6
Exam 1
Inventory Control
Chapter 2
7
Inventory Control
Chapter 2
Inventory Control
Chapter 2
8.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
Copyright and Access Right: A Balancing ActJune Power
A presentation on the application of copyright law to the use of materials in a college/university setting, including a description of copyright, fair use guidelines, a summary of the TEACH Act, and sample scenarios. This presentation has been given as part of the Teaching and Leaning Center's faculty development series.
already started and the first home work submitted need some one to.docxikirkton
already started and the first home work submitted need some one to complete it
The class already started up to December
TMGT
471
Production Planning and Control
Class Time:
Anytime
Class Location:
Online
Department of
Applied Engineering Technology Management
Text
Hopp
WJ, Spearma
n ML (2008) Factory Physics. 3 E
d. Waveland Press, Inc., Long Grove, IL
ISBN:
978-1-57766-739-1
.
Course Description
The main goal of any manufacturing organization is the creation of wealth. In an effort to predict, control
and extract the maximum amount of efficiencies in these organizations flexible, and cost effective manufacturing systems are required. Modern day manufacturing systems are highly intertwined with social, economic
and political systems. This class aims to introduce students to these systems and then explain in detail how manufacturing systems cope in a volatile and global market place.
Course Objectives
1.
Be able to explain the
historical
underpinnings of modern day
production/manufacturing systems
2.
Be able to s
olve
aggregate planning problems
3.
Be able to solve problems associated with control and planning issues using deterministic or stochastic modeling
4.
Demonstrate operation scheduling methods
in a multi-product manufacturing system
Prerequisites
This course assumes a familiarity with
linear equations (which should be covered in MET 215), basic statistics,
and rates
of change
over
time.
Course website
Blackboar
d:
http://blackboard.indstate.edu/webapps/login/
Grading Scheme
Activity
Points
Percentage Allocation
Exam
1
75
15%
Exam
2
75
15%
Final Exam 3
75
15%
Home Work
100
20%
Final Project
150
25%
Participation/Attendance
50
10%
Total Points
500
100%
Grading Scale
Percent
Letter Grade
0.00%
-
59.
99
%
F
59.
99
%
-
62.
99
%
D-
62.
99
%
-
66.
99
%
D
66.
99
%
-
69.
99
%
D+
69.99
%
-
72.
99
%
C-
72.
99
%
-
76.
99
%
C
76.
99
%
-
79.
99
%
C+
79.
99
%
-
82.
99
%
B-
82.
99
%
-
86.
99
%
B
86.
99
%
-
89.
99
%
B+
89.
99
%
-
93.
99
%
A-
93.
99
%
-
97.
99
%
A
97.
99
%
-
100%
A+
Technology Requirements
I would strongly recommend that you all possess the following:
1.
A scientific calculator
2.
Internet access
3.
Microsoft Word, Excel & PowerPoint
Saving & Submitting files
When submitting your assignments in blackboard I you are expected to save your file name as your own name. For example:
AlisterMcLeod.docx
Tentative Schedule of Events
Week
Topic
Assignment
1
Introduction to class
2
Historical development of production/manufacturing systems
Chapter 1
Introduction to Production systems operations
Chapter 1
,
Home Work 1
3
The Science of Manufacturing
Chapter 6
The Science of Manufacturing
Chapter 6,
4
The Science of Manufacturing
Home Work 2
Basic Factory Dynamics (Little’s Law)
Chapter 7
5
Basic Factory Dynamics (Little’s Law)
Chapter 7
Basic Factory Dynamics (Little’s Law)
Chapter 7,
Home Work
3
6
Exam 1
Inventory Control
Chapter 2
7
Inventory Control
Chapter 2
Inventory Control
Chapter 2
8.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
Solid waste management & Types of Basic civil Engineering notes by DJ Sir.pptxDenish Jangid
Solid waste management & Types of Basic civil Engineering notes by DJ Sir
Types of SWM
Liquid wastes
Gaseous wastes
Solid wastes.
CLASSIFICATION OF SOLID WASTE:
Based on their sources of origin
Based on physical nature
SYSTEMS FOR SOLID WASTE MANAGEMENT:
METHODS FOR DISPOSAL OF THE SOLID WASTE:
OPEN DUMPS:
LANDFILLS:
Sanitary landfills
COMPOSTING
Different stages of composting
VERMICOMPOSTING:
Vermicomposting process:
Encapsulation:
Incineration
MANAGEMENT OF SOLID WASTE:
Refuse
Reuse
Recycle
Reduce
FACTORS AFFECTING SOLID WASTE MANAGEMENT:
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
How to Create Map Views in the Odoo 17 ERPCeline George
The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
1. Copyright and Fair Use for the
Classroom
Jane Treadwell, University Librarian and Dean of
Library Instructional Services
H. Stephen McMinn, Director of Collections and
Scholarly Communications
2. Overview/Outline
Introduction – What is Copyright?
Fair Use
Recent Decisions
Georgia State University Decision
--Implications
3. Copyright -- U.S. Constitution
“Empowers the United States Congress to
promote the Progress of Science and useful
Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their
respective Writings and Discoveries”
Copyright Clause of the U. S. Constitution
(Article I, Section 8, Clause 8)
4. Exceptions to Copyright Law
Numerous - depending on type of material,
users, and author/producers
3 Major for Educational Purposes
1. Face-to-face Instruction
2. Virtual Instruction
3. Fair Use
5. Face-to-face Instruction*
Traditional classroom -- In this setting all
performances and displays of a work (Text,
Music, Images, and Video) are allowed.
Requirements:
1. All materials must be legally acquired.
2. Teaching activities must take place in a classroom or a similar place
devoted to instruction.
(*Section 110 of the U.S. Copyright Code)
6. Virtual Instruction*
Online, Hybrid, or supplemental use of course
management systems. Virtual instruction
includes digitally transmitting class materials
to students. The basic premise is to allow
comparable instruction in the online
environment as to what takes place in a
traditional classroom.
(*Section 110(2) -- TEACH Act)
7. TEACH Act Requirements- 3 Types
Instructors
– Regular part of the curriculum, chosen by the
instructor, must be an integral part of the class
session, directly related to the teaching
content, and comparable to traditional class.
Technology
– Only enrolled students, only for the duration of
the class, and students can’t copy/share.
8. TEACH Act Requirements- 3 Types
Course Materials
– Listing of acceptable materials – most materials
– Non acceptable materials – textbooks, course
packs, illegal copies
– Must contain notice of copyright
– May convert analog version to digital (only
amount needed)
9. Fair Use
Fair use allows for exceptions to the copyright
law for use not specifically exempted as long
as that use can be considered fair.
A key consideration is the extent to which the
use is interpreted as transformative, as
opposed to merely derivative.
10. Fair Use
The copyright law also states the various
purposes for which the reproduction of a
particular work may be considered fair, some
of these include criticism, comment, news
reporting, teaching, scholarship, and
research.
11. Fair Use
The “fairness” is based on four factors each of
which is weighed equally.
1. Nature and Purpose of the Use
2. Nature of the Copyrighted Work
3. Amount or Substantiality of Portion Used
4. Effect on the Market Place
12. 2 Examples – Example 1
A professor wishes to place on reserve 3
chapters (an introductory chapter and
chapters 14 & 15 of the 15 chapter work).
The work is a non fiction treatise on the
housing crisis by a noted economist, that
analyzes several factors with emphasis on the
changing regulation in the banking industry
as the root cause.
13. 2 Examples – Example 2
To supplement information not discussed in-
depth in the course textbook, an
environmental science professor wants to
place on reserve chapter 6 of a 12 chapter
book on hydrocarbons that discusses the
health, safety, and environmental impact of a
chemical normally used in the clean up of oil
spills.
14. 1st Factor
Purpose and Character of the Use
Purpose – Nonprofit, Educational, Personal,
Commercial, For Profit
Character – Teaching, Research, Scholarship,
Criticism, Commentary, News Reporting,
Entertainment
Fair Use – Educational Nonprofit using works
for teaching, research, and scholarship
15. 1st Factor - Purpose and Character
of the Use
Example 1 – Nonprofit Educational
Institution using the work for
Teaching/Scholarship
– Favors Fair Use
Example 2 -- Nonprofit Educational
Institution using the work for
Teaching/Scholarship
– Favors Fair Use
16. 2nd Factor
Nature of the Copyrighted Work
Factual vs. Creative
scholarly, scientific, technical vs. artistic,
fiction, poetry
Some items not covered, i.e. consumables –
workbooks, standardized tests, etc.
Fair Use -- favors use of factual works
17. 2nd Factor - Nature of the
Copyrighted Work
Example 1 – This is a nonfiction popular
work that tends towards creative/opinion
with a broader marketplace than academia
– Tossup
Example 2 – The work is a factual,
scientific/technical work
– Favors Fair Use
18. 3rd Factor
Amount or Substantiality of Portion Used
2 Criteria
How much is used?
Core or “Heart of the Work”?
Depends on type of material
No magic number or percentage*
19. 3rd Factor - Amount or
Substantiality of Portion Used
Example 1 – 3 chapters of 15 chapter work
is 20% and ending chapters with conclusion
could be considered “Heart of the work”
– Favors needing permission
Example 2 – 1 chapter of 12 chapter work
with chapter not core to the overall work.
– Favors Fair Use
20. 4th Factor
Impact on the Market Place
Effect of the use upon the potential market
for, or value of, the copyrighted work
Use vs. Purchase?
Criteria - Permissions readily available or
not, at reasonable cost, own a copy of the
work, access restrictions in place…
21. 4th Factor - Impact on the Market
Place
Example 1 – Library owns copy but e-book
available and permission can be obtained
from Copyright Clearance Center (CCC).
– Favors needing permission
Example 2 – Library owns copy of book,
e-book not available and not with CCC.
– Favors Fair Use
22. 4 Factors Analysis
Example 1 Example 2
1. Fair Use 1. Fair Use
2. Tossup 2. Fair Use
3. Permission 3. Fair Use
4. Permission 4. Fair Use
Need to obtain Can use without
permission! permission under Fair Use
23. Fair Use
Balance between Public and Copyright
holder
All factors should be weighted the same
Not dependent on technology or format
Fair use allows for use without permission
Not all educational use is Fair Use!
24. Copyright -- Confusion
Copyright vs. Public Domain
– Usually by Date
– http://copyright.cornell.edu/resources/publicdomain.cfm
Copyright vs. Open Access
Copyright and Creative Commons
Both Copyright – Permissions issue
25. Recent Copyright Decisions
UCLA
http://chronicle.com/blogs/wiredcampus/judge-dismisses-lawsuit-against-ucla-over-use-of-
streaming-video/33513
Georgia State University
http://chronicle.com/article/Long-Awaited-Ruling-in/131859/
HathiTrust
http://chronicle.com/article/Judges-Decision-Could-Clear/135224
Wiley vs. Kirtsaeng (pending)
http://chronicle.com/article/Supreme-Court-Appears-Divided/135478
26. Georgia State Univ. Decision
In Brief –
Three scholarly publishers supported by the
Association of American Publishers and the
Copyright Clearance Center sued GSU in 2008
over electronic reserves policy/practices that
they felt were in violation of Fair Use or were
otherwise infringing on copyright.
27. GSU Decision
Case decided in 2012
5 Total Violations out of 99 or 75
– Started with 99 works but couldn’t prove they
held copyright for 24 of the works
– Analyzed 75 total works for the 4 factors
5 Violations – 4 exceeded amount and
permissions were available and 1 “heart of
the work.”
28. GSU Implications
Really Unknown Still!
– Appeal
– Georgia only
– Reserves and Non-fiction works
*Provided Guidelines on amount – 10% of
works under 10 chapters or 1 chapter for
items with 10 or more chapters
29. GSU Implications
Eliminated old one semester rule!
Leaned heavily on availability of easily and
reasonably obtaining permission
Economic Good News
– “Prevailing Party” Ruling
– Monetary damages would have been negligible
or unavailable due to state sovereign immunity.
30. Takeaways
Library is here to help
– Both E-Reserves and Copyright Questions
Library can’t always perform miracles
– Permissions take time and/or cost money
– Permission costs passed back to Departments
Things are getting better
31. Overall Picture– Things are
Getting Better
More Guidelines
More Licensed Resources
Paid Permissions more streamlined
Greater Awareness of Copyright &Fair Use
Limited Liability
UIS Policies/Activities/Services
32. Questions?
Thank You for Attending!
Stephen McMinn
stephen.mcminn@uis.edu
Jane Treadwell
Editor's Notes
JT In this workshop, we want to give you a brief overview of copyright law as it applies to classroom use. We will spend some time on the concept of fair use and will let you know about recent decisions in the U.S. federal courts that seem to have favorable implications for academic uses of copyrighted works.
Jt Any time a person creates an original work—of art, of music, of writing in its many forms—it becomes copyrighted automatically. Individuals no longer need to register with the U.S. Copyright office to claim copyright to their work. (it helps, however, if you plan to sue anyone else for infringement.) Very often, in the case of academic publishing, authors give up, or assign, the copyright to the publisher—a matter for a workshop next semester on open access. The law says that you as an author, or song writer, or artist, are protected from someone else producing something just like what you did and claiming credit for it. The law is saying if anyone should make a profit from the original work, it should be the work’s producer. Copyright, although originally intended to be for a “limited time” has been extended several times by Congress, so that now, as a general rule, for works created after 1978 the duration of copyright is the life of the author plus 70 years. It’s longer for “works for hire” and for sound recordings. When a work is no longer protected by the copyright law, it is considered to be in the “public domain” and may be used without seeking permission from the copyright holder. In the United States, works published before 1923 generally fall into the public domain.
hsm
hms
hsmVirtual instruction is when a course is taught either solely online or when components of face-to-face instruction are taught online such as with Blackboard and other course management systems. Virtual instruction includes digitally transmitting class materials to students. This transmission is authorized under the TEACH (Technology Education and Copyright Harmonization) Act which is a part of the copyright law. The basic premise behind TEACH is to allow comparable instruction in the online environment as to what takes place in a traditional classroom or face-to-face instruction. One of the major requirements of the law is that materials can only be digitally transmitted to students officially registered in the course. There are other requirements for teaching, technology, and course materials that instructors must meet as well before using the TEACH exception.
hsm
hsm
Jt The four factors to consider in determining if a use can be considered “fair use” were augmented in 1994 in the ruling on the Campbell v. Acuff-Rose case, with the introduction of the concept of transformative use. “Transformative use has to do with the …purpose in utilizing the work, whether or not the original is altered or not…” Parody is a good example of a transformative use, as are remixes of sound recordings.
Jt 1. Purpose—is the proposed use for commercial or nonprofit educational use?Nature—Is the work more factual in nature (scholarly, technical, scientific, etc.) or more a work of creative expression, such as poems, plays, and paintings?Amount and/or substantiality of the the portion used—How much of the work is being copied? Is the portion copied the “heart of the matter?” This can be infringing.Effect on the market place—does your copying affect the publisher’s bottom line in some way? What if everybody did what you are doing?
JT
HSM
JT Now we’re going to go over the four factors again, and as we do, think about how each applies to each of the examples we’ve presented.In general, this first factor is always going to be interpreted in favor of educational use since it is one of the explicit examples of permitted use. Also, the character of the use is basically about what we do. Where an individual may run into trouble is in failing to appropriately cite another work.
HSM
HSM
JT
JT In general, you want to use as little as possible to support your pedagogical aim. And, you don’t want to use what the courts have called “the heart of the matter.” We all have quickly scanned the introduction and the final chapter of a nonfiction work to get a sense of the author’s argument. If those are the portions that we put on reserve, we many be infringing. Again, it depends on the type of material and the relationship of the copied portion to the whole.Although we have been saying that we can’t tell you how much you can “get away with,” the judge in the Georgia State case gave some concrete guidelines that may or may not hold up.
HSM -- what do you think?????????/
HSM
HSM
HSM
JT For most of my career it seemed that the courts were more inclined to rule in favor of the complainant rather than the defendant when it came to copyright law. Over the course of the past year, we have seen several major rulings in favor of the academic institution that was the defendant. The UCLA case was about the use of streaming video—did UCLA have the right to copy a DVD and stream it to students? The judge ruled in UCLA’s favor, but the case may not have a great deal of wider applicability, since it depended to large extent on the particular contract that UCLA had with the video supplier.Georgia State—this is the big one, and we’ll spend a little longer on it.HathiTrust—The Author’s Guild had sued this collection of CIC institutions for scanning and making available for certain uses, essentially their entire collections. We are talking about Michigan and UIUC, among others, who had been part of the Google Books project. Approved uses now include preservation and full-text searching and indexing, as well as searching by visually impaired patrons.Wiley v. Kirtsaeng—Arguments were just heard before the Supreme Court in this case in which a publisher is suing a graduate student from Thailand for buying copies of their books overseas and then reselling them in the United States. At question is the “first sale doctrine,” focusing on whether it applies to works produced overseas.
HSM
HSM
HSM
HSM
If you have a question about what you can or cannot put on reserve or use in your Blackboard, please get in touch with Stephen.