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Faculty Services + Resources

This page is intended to acquaint you with the suites of services available to faculty. Take advantage of resources and services listed and offer your suggestions for how we can better assist you and your students.

Copyright Info.

Copyright law is a sub discipline of intellectual property law and is governed by Title 17 of the United States Code - The Copyright Act.. Title 17 is a federal law and applies to all States. It is meant to protect an author’s (or creator’s) rights to his or her work from unauthorized use by others, while allowing for the promotion of creativity and learning.

Ordinarily, a claim for copyright infringement arises when an encroachment upon one or more of the following exclusive rights belonging to the author or creator occurs:

  • The right to reproduce/copy the work
  • The right to prepare derivative works
  • The right to distribute copies of the work by sale or lease or other transfer of ownership
  • The right to publicly perform the work
  • The right to publicly display the work
  • The right to perform audio works publicly by digital means

These exclusive rights, however, are subject to certain exceptions set out in the Copyright Act. Some of these exceptions are: Fair Use (§107 of the Act), preservation by libraries and archives (§ 108 of the Act), and performance and display of works in an educational setting (§110 of the Act). Please visit the other sections of this Guide to learn more about these and other exceptions.

Not all classes of works are entitled to copyright protection. See the (nonexhaustive) table below:

Copyrightable Works

Non-Copyrightable Works

Literary Works

Works not fixed in a tangible form (e.g. ideas)

Musical works (including accompanying lyrics)

Short phrases, slogans, commercial symbols/colors (however, these may be protected by trademark law)

Dramatic works (including accompanying music)

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Choreographic works and pantomimes (must be fixed in a tangible form, e.g. recorded or notated)

Works consisting entirely of common data (e.g. calendar, government weights/measures charts) or entirely of facts (although creative assembly of facts can be subject to copyright, the facts themselves cannot)

Pictorial, graphic, and sculptural works

Spontaneous speeches that have not been formally fixed into a tangible form

Motion pictures and other A/V works

Spontaneous musical or choreographic works

Sound recordings

Federal government documents (mostly)

Architectural plans

 

Computer programs

 

(adapted in part from the U.S. Copyright Office "Copyright Basics" circular)

Copyright protection does not last forever. For new works, protection begins with creation of the work and lasts 70 years after the date of the author-creator. At that time, the work passes into the public domain. For older works, cessation of copyright protection and passage into the public domain depends on a variety of factors. See this chart or the Public Domain tab of this guide for more information or use the Public Domain Slider to help determine the copyright status of a work that is first published in the United States. 

Received information from UF Copyright LibGuide 

Fair Use Info.

Section 107 of the Copyright Act permits the reproduction of copyrighted works when done for the purpose of criticism, comments, news reporting, teaching, scholarship and research and when the balance of four factors specified in the statute weighs in favor of a finding of fairness. The four factors of fair use as enumerated are as follows:

(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.  

No one factor is weighed more heavily than another, although courts, over time, have seemingly given more attention to one factor over the others. Further, the Copyright Act does not specify what quantity or quality of a work constitutes fair use; however, various non-profit and educational groups have adopted "rules of thumb" for fair use determinations. Remember, these "rules of thumb" do not guarantee a finding of fair use. Application of the factors is always the best practice.

When conducting a fair use evaluation, several inquires should be answered for each factor to aid in an overall determination of fairness. If the weight of the inquiries balances in favor of a finding of fair use, then reproduction may be made without permission.  The chart below highlights some of the inquiries that can be made when conducting a fair use analysis.

Four Factors of Fair Use

Purpose and Character of the Use

  • Educational or Commercial
  • Transformative or Reproduction
  • Spontaneous or  Repetitive

 

Amount & Substantiality of the Portion Used

  • Small amount vs. Larger quantity than needed to meet pedagogical objective
  • Selection is or is not considered “heart of the matter”

 

Nature of the Copyrighted Work

  • Technical or Artistic
  • Factual or Imaginative
  • Published or Unpublished

Effect of the Use on the Market

  • Alternative to students purchasing original work?
  • Ready market for the original?
  • Avoiding payment of royalties?

 

Copied from UF Copyright LibGuide 

Use the Nifty URL Generator to provide a link to articles.

https://library.fiu.edu/library-hacks

Need Help figuring out how to set-up those links?  Contact us! We are here to help!

 

There are several resources available on the web to help you determine if the use of a material falls under Fair Use.  Here are a few that we find especially useful.

Digital/Streaming Media & Public Performance

The library offers many streaming video options that can be edited into clips and emedded into online classes. (see Streaming Collections tab for some streaming video collections).  In addition, the library has a large collection of videos available for classroom use. Use the Digital Image Rights Computator and the guidelines created by Duke University Libraries to help you determine if you can use a video for an online class.

 

 

 

What are Public Performance Rights?

Public Performance Rights (PPR) are the legal rights to publicly show a film or video (media). Normally the media producer or distributor manages these rights. The rights-holder can assign PPR to others through a Public Performance License.

When are Public Performance Rights Required?
All screenings of copyrighted media to audiences outside of regular curriculum--examples:

PPR are not required for: