Copyright, Fair Use & Digital Rights Management

Resources for those interested in learning more about how copyright law impacts the use of print and digital media within education and workforce preparation settings. The fair use exclusion in copyright statute is of value to educators who may need to understand what is legal and what is not. The Fair Use: AIM Center Policy Brief may be of particular interest to educators interested in supporting learners who may benefit from diverse and alternative formats. Sources of information regarding digital rights management to offer access to copyrighted works for selected individuals are provided. Links to information about the TEACH Act of 2002 which pertains to privileges for educational or military distance learning are also provided.
Copyright
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.
- Copyright Act & Copyright Term Extension Act
- Digital Millennium Copyright Act (DMCA)
- Twenty-First Century Communications and Video Accessibility Act of 2010
- United States Copyright Office
- Copyright Law of the United States of America and Related Laws Contained in Title 17 of the U. S. Code
- Chafee Amendment to the Copyright Act (17 U.S.C. §121)
- IDEA Title III Amendment to Copyright (addition of large print to formats covered by Chafee)
- Electronic Frontier Foundation
- EFF Teaching Copyright
- EFF Teaching Copyright Resource Page
- U.S. Public Law 105-304, 112 Stat. 2860, 2877. 28 October 1998. Digital Millennium Copyright Act. Title II Online Copyright Infringement Liability Limitations (amending chapter 5, Title 17 U.S.C. §512)
- World Intellectual Property Organization (WIPO)
- EFF Resource Page related to WIPO
- Copyright Clearance Center (CCC)
- Copyright Basics Video from the CCC
Fair Use
Educators often refer to the “fair use” exclusion in copyright statute as a means to provide materials to students who cannot use print-based materials effectively; however, the term and the exclusion are often used without sufficient knowledge of the elements upon which “fair use” is based. The four elements of “fair use” included in Section 107 of U. S. copyright code should be understood along with the limitations that apply to its use.
- Fair Use: AIM Center Policy Brief
- University of Minnesota Libraries Copyright Tools
- Copyright Decision Map
- Fair Use Analysis tool—four factor review of your proposed use
- NCTE Code of Best Practice in Fair Use for Media Literacy Education
- Wikipedia Fair Use page with reference to relevant case law
Digital Rights Management
Digital Rights Management (DRM) technologies attempt to control what can and cannot be done with media and hardware.
- Rule-Making on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works
- Electronic Frontier Foundation DRM resource
- Technology Education and Copyright Harmonization Act (TEACH ACT) of 2002: The TEACH Act provides clarification and expansion of privileges for distance learning. Although many requirements must be met, the Act, when coupled with application of fair use, makes life a bit easier for distance learning providers, faculty, and students.
Fair Use
Fair use of a copyrighted work for criticism, comment, news reporting, teaching, scholarship, or research is not an infringement of copyright.
View in glossaryDigital Rights Management (DRM)
Authorizing technologies implemented by rights holders and publishers to limit the distribution and use of proprietary content.
View in glossaryTechnology
Equipment or system where principal function is creation, conversion, duplication, control, display, interchange, transmission, reception, or broadcast of data.
View in glossary