CMartinez_ Portfolio 2-1

7/31/2019 CMartinez_ Portfolio 2-1

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and Fair Use


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

knowledge by giving an author of a work an economicincentive to create new works. (Loren 2000)

Copyright is a legal device that provides the creator ofa work of art or literature, or a work that conveysinformation or ideas, the right to control how the work

is used.


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What Can Be Copyrighted?Tangible, original expressions can be copyrighted.

The three fundamentals are:oMinimal Creativity

oFixationoOriginality


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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 formsGovernment works


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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 theprotected.

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


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What Is Fair Use? Fair use is the most significant limitation on the

copyright holders exclusive rights. United StatesCopyright Office 2010, para.1

Fair use of a copyrighted material entails four factors :


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The Purpose & Character of the

UseIs 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 oreducational purposes?

If so, this is more likely considered fair use.


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The Nature of the Copyrighted

WorkIs the copyright work a published or unpublished

work?

Unpublished works are less likely considered fair useIf a copyrighted work is out of print it is more likely to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.


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The Amount and SubstantialityThe 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 copyrightedwork.

If you use the heart or the essence of a work it isless likely considered fair use


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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 anotherpurpose, appeals to a different audience, it is morelikely considered fair use.


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Tips For Using Online InformationAlways credit the source of your information.

If the author provides explicit guidelines, follow them.

Whenever feasible, ask the copyright holder forpermission.

Do not assume that the material is in the publicdomain

Do not forget that the author may in fact be theorganization


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Sources Library Homepage http://lib.lbcc.edu

Librarys subscription online databases

http://lbcc.edu/databases2.htmlVoyagers online catalog http://voyager.lbcc.edu
http://lib.lbcc.edu/http://lbcc.edu/databases2.htmlhttp://voyager.lbcc.edu/http://voyager.lbcc.edu/http://lbcc.edu/databases2.htmlhttp://lib.lbcc.edu/


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Annotated BibliographyBartrom, Linda - Fair use guidelines

This information was useful when creating multimediaprojects in the public domain.

http://web.ebscohost.com

Copyright and fair use ASHE Higher EducationReport, 2008, vol.34 Issue 4 http://web.ebscohost.com

This article was helpful in differentiating fair useamong books, music, television and video recordings
http://web.ebscohost.com/http://web.ebscohost.com/


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Annotated BibliographyThomas, Karen Copyright Fair Use or Foul Play

This paper discusses the fair use doctrine andemphasizes the four major points that must beevaluated before determining fair use.http://web.ebscohost.com

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