Fair Use and Your Scholarly Rights - Presentation

Introduction | Presentation | Activity

For Harvard Students: If you are enrolled in the Bookends workshop, please use the Fair Use & Your Scholarly Rights - Bookends Presentation Links to an external site..

Prepare to evaluate fair use (5 minutes)

The following video presentation will ask you to analyze the court’s judgment in a 2000 case between UMG Recordings and MP3.com. Skim through the decision in UMG Recordings,Inc. v. MP3.com Links to an external site. to get a general sense of the facts of the case.

Pay particular attention to how the court addressed the four factors in its decision. You can find the relevant passages by skimming for paragraphs that begin with “regarding the first factor,” “regarding the second factor,” etc.

Note: If you prefer to wait, the video cues you to pause and read the case at the relevant moment.

Video presentation (36 minutes)


Watch the "Can I Quote That? Fair Use & Your Scholarly Rights" presentation on Panopto.

Highlights

  • Copyright term =  life of the author + 70 years
  • Copyright is automatically applied to your work, no registration required

Section 106: your “bundle of rights”

  • Reproduce
  • Prepare
  • Distribute
  • Perform 
  • Display

4 Factors of fair use

  • Purpose of the use
  • Nature of the work
  • Amount and purpose
  • Effect on the market

Transformative fair use

  • Transforms the material by using it for a different purpose
  • Uses only the amount of material appropriate to the new purpose

Introduction | Presentation | Activity