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9/22/17

Overview

  • In the U.S., content including books, journal articles, photos, audio and video are intellectual property and therefore can be protected by copyright restrictions
  • This document attempts to orient you about:
    • The right of "fair use" designed for non-profit research, teaching, and scholarship
    • Materials in the "public domain"
    • How to use Mandala in light of Copyright
  • It does not provide legal advice (please see disclaimer below)

Fair Use

  • U.S. copyright law provides for "fair use" of copyrighted materials without payment or permission in certain circumstances
    • Generally this means that you can reproduce portions of a work without securing copyright permission from the publisher and/or author
  • Recent case law has held that fair use will be judged in light of purpose
    • For sufficiently new or transformative purposes, quite a lot of a copyrighted work can be used.
    • Old guidelines that emphasized counting words or calculated pre-determined percentages of a given work are no longer useful

Older "Public Domain" Materials

  • Generally, work published prior to 1923 is in the "public domain" and can be reproduced and disseminated in any form
  • A thorough summary hosted by the University of North Carolina can help you assess whether a given work is in the Public Domain: http://www.unc.edu/~unclng/public-d.htm

Copyright Request and Release Form

These templates could be useful if you need to seek copyright permission or if your project requires a release form.

Mandala

  • Supports your work within Copyright Law and "Fair Use"
  • Allows you to restrict each asset or collection as needed:
    • Public
    • Private
    • Group 
    • Class

Disclaimer

  • This advice orients you and better prepares you for a consultation with your attorney and/or the University's General Counsel
  • This document does not substitute for legal advice
  • This document focuses on U.S. copyright law and practice 
  • International copyright varies widely from U.S. law and practice
  • Copyright law and it's interpretation are continually changing, particularly in the web environment

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