and Fair Use

What is Copyright?
The intent of copyright is to advance the progress of

knowledge by giving an author of a work an economic incentive to create new works. (Loren 2000) Copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used.

What Can Be Copyrighted?

Tangible, original expressions can be copyrighted.

The three fundamentals are:

oMinimal Creativity
oFixation

oOriginality

What Cannot Be Copyrighted?

Works in the public domain:
Ideas are in the public domain

Facts are in the public domain

Words, names, slogans, or other short phrases Blank forms

Government works

Copyright provides four basic protections

The right to make copies of the work The right to sell or distribute copies of a work The right to prepare new works based on the

protected. The right to perform the protected work (such as a stage play or painting) in public

What Is Fair Use?

Fair use is the most significant limitation on the

copyright holders exclusive rights. United States Copyright Office 2010, para.1
Fair use of a copyrighted material entails four factors :

The Purpose & Character of the Use

Is the new work merely a copy of the original?

If so, it is not likely to be considered fair use.

Is the use of the copyrighted work for non-profit or

educational purposes? If so, this is more likely considered fair use.

The Nature of the Copyrighted Work

Is the copyright work a published or unpublished

work? Unpublished works are less likely considered fair use If a copyrighted work is out of print it is more likely to be considered fair use. Is the work factual or artistic? The more artistic expression the less likely fair use.

The Amount and Substantiality

The more used, the less likely considered fair use
If the amount used nears 50 percent of entire work, it

is not likely considered fair use of the copyrighted work. If you use the heart or the essence of a work it is less likely considered fair use

The Purpose & Character of the Use

Does the work offer something above and beyond the

original? Does it transform the original work in some way? If the work is altered significantly, used for another purpose, appeals to a different audience, it is more likely considered fair use.

Tips For Using Online Information

Always credit the source of your information.
If the author provides explicit guidelines, follow them. Whenever feasible, ask the copyright holder for

permission. Do not assume that the material is in the public domain Do not forget that the author may in fact be the organization

Sources
Library Homepage http://lib.lbcc.edu
Librarys subscription online databases

http://lbcc.edu/databases2.html Voyagers online catalog http://voyager.lbcc.edu

Annotated Bibliography
Bartrom, Linda - Fair use guidelines This information was useful when creating multimedia projects in the public domain. http://web.ebscohost.com
Copyright and fair use ASHE Higher Education Report, 2008, vol.34 Issue 4 http://web.ebscohost.com This article was helpful in differentiating fair use among books, music, television and video recordings

Annotated Bibliography
Thomas, Karen Copyright Fair Use or Foul Play
This paper discusses the fair use doctrine and emphasizes the four major points that must be evaluated before determining fair use. http://web.ebscohost.com