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Fair Use for Non-Faculty
Use of copyright-protected works by non-faculty in a
non-teaching situation might still fall within fair use
guidelines. However, the four factors test needs to be
applied more stringently in this situation. Just because the
activity takes place within a non-profit educational setting
does not mean that any use by any employee of the
institution is fair. When analyzing the four factors it is
important to consider:
- Is the use for news, criticism, commentary, or parody,
such as quotations used in a paper or short clips in a
multimedia production?
- Is the copyright-protected work fiction or non-fiction,
factual or creative?
- How much of the copyright-protected work is to be used?
Also, how significant to the work as a whole are the
portions of the work that will be used?
- Is the work available for purchase or otherwise available
for licensing?
One of the key misconceptions concerning copyright is that
of ”first sale.” Many people believe that if they purchase a
book, videotape, or DVD then they have the right to do
whatever they want with it. In one sense they are correct.
They can do whatever they want with the physical copies of
the work (tear up the paper, burn the video, erase the DVD,
etc.). However, buying a book, videotape, DVD, or music CD
only gives the purchaser limited rights of use in and to the
content contained therein. Those rights are limited to
viewing, reading, or otherwise making personal, private use
of the content, and reproduction for archival purposes
only. Purchasing a book, videotape, DVD, or music CD
does not give you the right copy it, perform it, or display
it publicly. Separate licenses must be obtained before a
copyright-protected work can be copied, performed or
displayed for the general public.
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