Quote 1, Major theme of the Week:
“the won’t-get-you-sued standard and the won’t-get-you-found-liable standard can be very different”
Shaffer, Kris. Copyright for Instructors. UMW DTLT, November 22, 2016. http://umwdtlt.com/copyright-for-instructors/
Fair use can seem like an unpredictable tool only meant for those with a
mind for legal stuff. Something the everyday person can’t comprehend or apply
in their daily life. There is no set word count or set judge for if something
falls into the public domain. It’s all on a case-by-case basis. But the central
theme of this week is not to be scared to use copyrighted materials. It is that
understanding is necessary to do so properly and effectively. Copyright law is
not a set-in-stone roadblock that forever locks up media to never be touched by
anyone who didn’t create it. Copyright is a lot more flexible than that. This
is where fair use comes in. Fair use is a legal doctrine that allows the use of
copyrighted materials without the permission of the copyright holder. Depending
on your intended purpose, nature, amount, and effect of using copyrighted
materials you may be able to without breaking the law. Some media can be used
freely for educational or noncommercial projects (be sure to check if
attribution is needed). Some material is by nature meant to be used by others.
Many scientific studies and data sets can be used for free. There is no set
amount of words or time that makes something fall under fair use, it is entirely
dependent on the individual case. In regards to the quote above it demonstrated
the need to understand copyright as a flexible thing that can be understood and
worked with.
Quote 2, a question:
“Documenting history in a world
rich with logos and cultural
artifacts is a fair use.”
Fair use fundamentals. YIPPA, November 22, 2016. https://www.fairuseweek.org/wp-content/uploads/2015/02/ARL-FUW-Infographic-r4.pdf
While going through the readings the question running through my mind was “How can I use this as a History teacher?” Much of the advice is designed to be very general in the articles. This leads me to wonder how to use this knowledge specifically for teaching history. Historians often rely on a wide range of sources, including copyrighted materials, to reconstruct and interpret the past. As a teacher of history, it is vital that we understand copyright. When putting together a lesson plan or a museum exhibit when doing research crediting the original author or the source is common practice even for things in the public domain.
Quote 3 Disagreements:
“Asking a copyright holder whether or not a particular use case constitutes fair use in their eyes makes it less likely to be fair use in the court’s eyes. In other words, in gray cases, it is legally better to ask for forgiveness than permission.”
Shaffer, Kris. Copyright for Instructors. UMW DTLT, November 22, 2016. http://umwdtlt.com/copyright-for-instructors/
I disagree with the statement that asking for permission from a copyright holder makes it less likely for the use case to be considered fair use in court. In fact, seeking permission from the copyright holder can actually strengthen an argument for fair use. By obtaining permission, you can demonstrate that you have made a good faith effort to obtain permission and that your use of the material is not meant to harm the copyright holder’s interests. Moreover, asking for permission can also lead to a clearer understanding of the terms and conditions of use, which can help ensure that the use of the material falls within the bounds of fair use. Overall, it is important to remember that fair use is a complex legal doctrine and that every case is unique. Seeking legal advice and making an effort to understand the law can help protect you from potential legal issues down the line. If permission is denied you can always look for alternatives that will fall under fair use.
