Intellectual Property
"Intellectual Property" (sometimes
called "IP") is a generic term that includes several distinct types of
legal rights. These legal rights protect the results of creative and
intellectual efforts (e.g., copyrights and patents) or certain types of
business activities (e.g., trademark and trade secrets).
Intellectual
Property - Fair Use Checklist
Fair
Use
Fair
Use permits the reasonable and limited use of copyrighted materials
without obtaining the copyright owner's permission. There are
many misconceptions about Fair Use, so check out this document written
by UA General Counsel.
What
is
Fair Use and how does it relate to me?
The
Teach
Act (Technology, Education and Copyright Harmonization Act), 2002
Copyright
law
provides
educators with a separate set of rights in addition to
fair use, to display (show) and perform (show or play) others' works in
the classroom. These rights are in Section 110(1) of the
Copyright Act and appy to any work, regardless of the medium.
The TEACH Act expands the scope of educators'
rights to perform and display works and to make the copies integral to
such performances and displays for digital distance education, making
the rights closer to those we have in face-to-face teaching.
However, there
is
still
a considerable gap between what the statute authorizes for
face-to-face teaching and for distance education. As an
example, an educator may show or perform any work related to the
curriculum, regardless of the medium, face-to-face in the classroom,
including still images, music and even music. There are no limits
and no permisssion required. However, under 110(1), the same educator
would have to pare down some of those materials to show them to
distance students. Like the audiovisual works and dramatic music
works may only be shown as clips (reasonable and limited portions).
UA Checklist on TEACH Act
More
resources:
Copyright
Guide
from UA Libraries
Take
a
Tutorial on Fair Use and Copyright in Instruction
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