LibGuides: OERs (Open Educational Resources).: Fair Use and Copy rights

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Fair Use and OERs

The American University of Washington College of Law has put together a Best Practices in Fair Use and OER Guide

Copy rights are property rights. The copyright owner has the right to make a profit on every copy.

The foundation of content creation, protection, and use, is that copyright protection starts when a work is put in tangible form.

The law protects the right of the copyright owner to have the opportunity to receive payment for every copy of their intellectual property.

Caution: The creator of an original work may not own the copyright. If you produce a “work for hire”, your employer may claim the copyright.

Copyright protects an owner's intellectual property. Do not steal credit or content!
Fair Use
Makes use of copyrighted material without permission legal, under certain circumstances. Usually, just one copy for personal non-commerical educational use. Does not include workbooks unless copyright owner grants permission.
Use the Four Factors test to evaluate whether your use may fall under "Fair Use"
1. If the purpose and character of your use is non-profit - that leans towards "Fair Use"
2. If the nature of the copyrighted work is a fact or an idea rather than the presentation of facts or ideas, that leans towards "Fair Use"
3. If the amount and substantiality of the portion taken is minimal and is not the main point of the work, that leans towards "Fair Use"
4. If the effect of the use upon the potential market is expected to be minimal or non-existent, that leans towards "Fair use"
Updates to Copyright Law of the United States: Amendments to the Copyright Act as a result of the Orrin G. Hatch–Bob Goodlatte Music Modernization Act Streamlines the music-licensing process to make it easier for rights holders to get paid when their music is streamed online. Amendments to the Copyright Act as a result of the Marrakesh Treaty Implementation Act Facilitates Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

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https://libguides.valenciacollege.edu/OER