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This article is designed to act as an overview to clarify the cases of fair use of copyrighted content while using YouTube to host videos and a way to find additional resources.
What is fair use?
From Section 107 of the US Copyright Act:
“[…]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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”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 is fair use determined?
Fair use is determined by a judge who analyzes how fair use applies to a specific case. Typically, cases are analyzed against the precedent of four factors of how fair use works.
Explanation of the four factors of fair use
The following explanation of the aforementioned four factors is provided by the U.S. Copyright Office. Further descriptions and supplemental documentation can be found on their website.
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
- The nature of the copyrighted work
- This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
- The effect of the use upon the potential market for, or value of, the copyrighted work.
- Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.
Links to Additional Content
For more information on YouTube’s guidelines, examples, and their efforts to assist creators regarding fair use can be found at the link below:
The Canvas LMS now has a plagiarism detection tool: Vericite–a cloud-based technology that identifies plagiarized and improperly cited text.
This service works as an external tool integrated within Canvas and will allow instructors instant access to scanned submissions and will also check papers and essays against the ever-growing online repository of materials with campus-wide databases of materials.
The specific details of how it works within the UO Canvas instance can be found here.
This post is designed to guide WordPress/UO Blogs user through setting up Formidable — a plugin for WordPress that allows site managers to create forms for various needs. Some examples include sign-up sheets for events or avenues to receive feedback among many other options.
Enable Formidable Pro for your site
Note: Formidable Pro is a plugin that is part of the UO Blogs offering to all associated with the University by using your DuckID. If you do not yet have a UO Blogs site, follow this link.
Login to your UO Blogs account using your DuckID and password, then go the site’s Dashboard
- Example of your site: blogs.uoregon.edu/”yourname”/wp-admin
- “yourname” is your user name used when signing up for a site.
Note: Some users may have multiple sites through UO Blogs. If so, you will be directed to a general Dashboard upon sign-in. You will then need to select which site you would like to directly edit.
As a reminder, contacting this service is available to CAS-affiliated faculty, staff, and students.
The documentation is free for anyone to use as-is.
Where we are now…
The Canvas production server is online and running.
The new LMS is available at https://canvas.uoregon.edu and will require your DuckID and password via Shibboleth authentication.
Courses are tied to course reference numbers (CRNs) which are connected to instructors of record. Courses for the next term are typically created during the weekend following Week 5 of the prior term (e.g., Spring Term courses will be available by Winter Term beginning of Week 6).
Any issues with course shell access are best served by the Center for Media and Educational Technologies (CMET).
Training and Documentation
Training sessions are conducted in an on-demand basis. To schedule a training session for yourself (CAS faculty, staff, or GE) or for your department, contact CASIT Training via e-mail.
The typical session will allow attendees to become familiar with:
- Overview of the Canvas user interface
- Course organization ideas (modules, accessibility of course materials, etc.)
- Creation and management of materials and content (assignments, modules)
- Personal profile and course settings (including navigation toolbars for students and TAs)
- Use of the grade book and SpeedGrader features
- General best practices on building content and evaluation methods
- Where to find additional support resources
CASIT Training has built an overview page that will guide users through Canvas and becoming familiar with some of its features. Click here for more information.
If there are any additional questions and are associated with CAS, please contact CASIT Training or by calling x6-5017.
CASIT Training has put together training documentation for WordPress and UO Blogs.
This training material covers:
- Creating a WordPress site via UO Blogs
- Setting up your WordPress site
For an overview of WordPress from CASIT, click here.
For more information on the CAS Design Toolkit and Theme, click here.
Today, we increasingly see news reports about popular websites being hacked, and people falling victim to email scams and viruses. Protect your computer and sensitive data by using strong passphrases, practicing safe web browsing habits, and identifying scam emails. Learn how at the CASIT Training Session: “Information Security Basics”. Read on for details and registration information.
When: Wednesday, 5/29/2013. 11:00AM – 12:30PM
Where: SSIL Small Lab, 445 McKenzie Hall
Information Security Basics will cover:
- Creating strong, easy-to-remember passphrases
- Recognizing and reporting phishing and scam emails
- Configuring spam filtering for UO email
- Safely browsing the web
- Anti-virus software options for Mac OS and Windows
- Keeping your Mac OS or Windows computer updated
- Security for your mobile device
- How CASIT can provide one-on-one assistance for your security needs
Space may be limited. To register, please fill out this form.
For more information about CASIT’s training sessions, including course materials, training calendars and more, visit the CASIT Training Website: https://casit.uoregon.edu/training. This page is under active development so check back often for new content.
What is WordPress?
WordPress is a content management system used to manage web sites. It is open source and free to use on your own web server or through hosted servers like blogs.uoregon.edu.
It currently is running behind many CAS department and program websites.
- WordPress.org – Home of WordPress. Best place for documentation and forums for WordPress.
- WordPress is installed on a web server and managed entirely through the web browser.
- Logging into WordPress: To login add wp-admin to end of your site’s URL.
- e.g. https://cas.uoregon.edu/wp-admin
- Dashboard is the tool that you will be using to manage your site’s content. It is only available after you have logged in.