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HOWTO: Understanding Copyright and Fair Use inside the Portal

by webadmin last modified 2006-05-02 13:39
Contributors: Rose Hessmiller, Harlow Pinson

A summary of U.S. Copyright and Fair Use Law as it applies to content on the portal.


Copyright Fair Use rules can be found here:

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html

When posting content the best course of action is to contact the Author or owner of copyright and seek permission to reproduce, which is what you are doing by posting a copy to the portal.
When in doubt, linking to existing materials is a good option, but recognize that the link owner is under no obligation to maintain their copyrighted content, its location, or your link to it. They may even occasionally explicitly bar linking.

In summary of US Code:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

How to site ownership

Posted by webadmin at 2006-03-31 16:23
When you upload content you can give credit/references to the content.

Steps:

Click on Properties Tab

You can choose from three field possibilities:

"Creators",
"Contributors"
"Copyright" when known.

You can add words in the field like "Direction of ....", "With the collaborative effort of..." ANYTHING you wish

Example: a State-USAID Joint Policy Council document

Select Created By: and insert the words " Direction of State-USAID Joint Policy Council "


It will post with these words

by Direction of State-USAID Joint Policy Council

Select Contributors: and inserted the words "posted by your name"

See example:

http://www.rmportal.net/library/usaid_highlevel/highlevel_faaguide/view?portal_status_message=Changes%20saved.

How to get permission for print and online work

Posted by webadmin at 2006-03-31 16:23
From the Copyright Management Center (Indiana Univ/Purdue Univ
http://copyright.iupui.edu/permorg.htm#onl

Online works (websites)
The most efficient way to get permission to use a copyrighted work from a webpage is to contact the owner or author of the webpage. In some cases, you may be directed to an organization such as the CCC or Icopyright.com in order to get permission.

• Copyright Clearance Center (CCC) http://www.copyright.com/
• iCopyright.com


Assumptions

Posted by webadmin at 2006-03-31 16:23
Never make a broad assumption concerning reproduction of copyrighted work on this or any website. Each work should be considered in the light of these fair use guidelines.

Courts frown upon complete non-referenced reproductions of copyrighted work posted on the Internet, thus the wording on the 'amount and substantiality' and 'value'. If there is any question... don't reproduce... or you might risk lawsuit by the author or owner, who may have a considerable finanical stake in the content, and reasonably claim a loss.
Requirements

Browsers:

  • Microsoft Internet Explorer 5+, Mozilla Firefox 1+, Safari 2+ are supported.
  • Macintosh Internet Explorer and early versions of Safari are not supported.

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