Important Terms
What a work is considered to be a part of when it is not covered by copyright laws
What is public domain?
Making copies or prints of an original document
What is reproduction?
Something that embodies the 'spirit' or 'message' of a work
What is the essence of a work?
When making copies of copyrighted materials for imminent classroom use, teachers must include this for the copying to not violate the DMCA
What is a notice of copyright?
Playing a personally-owned DVD in a classroom for entertainment purposes is considered a ____________ ____________ and is not permissible under Fair Use.
What is public performance?
A legal agreement that permits a user to make use of copyrighted material under certain restrictions and terms set out by the copyright holder
What is a license?
Changing a work or creating a derivative work
Factor Four when evaluating if something constitutes Fair Use, determining if the use of a work deprives the copyright holder of sales or income from their work
What is the effect of use on the value of a work?
Copyrighted materials which are meant to be used once and, therefore, cannot be copied under Fair Use even if it's for a classroom use
What are consumable materials?
Activities which facilitate or permit the download, upload, posting for download, or transmission of software files constitutes ____________ infringement.
What is direct infringement?
Allowed use of copyright materials within stated legal use cases (Copyright Act) or guidelines (e.g., National Commission on New Technological Uses of Copyrighted Works (CONTU))
What is fair use?
Making digital sound files available on the internet, made illegal via the DMCA
The reason for and setting in which copyrighted material is being used
What is the purpose or character of use?
Often boiled down to a 10% guideline, this concept is defined as using a small portion of a work to stay within Fair Use boundaries.
Example: for Prose works under 2500 words, the entirety can be copied for classroom use. If longer than 2500 words, only a 1000-word excerpt for 10% of the entire work (whichever is less) can be used.
What is brevity?
"something new [created] from a copyrighted work that is sufficiently original to itself be protected by copyright" (Creative Commons)
What is an adaptation?
The law passed which governs acceptable use of copyrighted materials for distance or remote learning environments
What is the TEACH Act?
When a film, play, song, dance, or other performing art is enacted in front of others
What is public performance?
Factor Two when evaluating if something constitutes Fair Use, depending on if a work is factual or creative, and if it is published or not published
What is the nature of the work?
The rule that states a library can request up to 5 articles from a given periodical title for interlibrary loan from the past 4 publication years
What is the Rule of Five?
In-text citations that identify the creator of Creative Commons-licensed works
What is attribution?
Failure to cite a source that is being used in an otherwise fair or legal manner; not an illegal act
What is plagiarism?
Sending or posting a work for others to use, physically or electronically
What is distribution?
The term used to describe when an actor uses copyrighted material knowing that they are infringing on the copyright holder's rights
What is bad faith?
The concept that teachers cannot copy materials to substitute for purchasing copyrighted materials, or to substitute for copyrighted collective works
What is cumulative effect?
A document that, when agreed to, governs the activities a user can engage in when they access the internet through an internet service provider
What is an acceptable use policy/agreement?