Copyright, Fair Use & Intellectual Property Flashcards

What does the 'fair use' doctrine in U.S. copyright law primarily allow educators to do?

Answer: Use limited portions of copyrighted material for educational purposes without permission

Fair use allows limited use of copyrighted material for purposes such as education, criticism, and commentary without requiring permission from the copyright holder.

Under U.S. copyright law, when does copyright protection begin for an original work?

Answer: At the moment the work is created and fixed in a tangible form

Copyright protection begins automatically when an original work is created and fixed in a tangible medium of expression, regardless of registration or publication.

The TEACH Act of 2002 was primarily designed to allow online educators to:

Answer: Transmit copyrighted performances and displays in digital distance education

The TEACH Act expanded the rights of educators to use copyrighted materials in distance education by allowing certain transmissions of performances and displays in digital learning environments.

A Creative Commons license with the 'ND' designation means that others:

Answer: Cannot create derivative works or adaptations of the original

The 'ND' (NoDerivatives) designation in a Creative Commons license prohibits others from distributing modified or adapted versions of the work.

Which of the following is NOT one of the four factors courts consider when determining fair use?

Answer: The age of the copyright holder

The four fair use factors are: purpose and character of use, nature of the copyrighted work, amount used, and effect on the market — the age of the copyright holder is not a factor.

FERPA (Family Educational Rights and Privacy Act) primarily protects:

Answer: Students' educational records and personal information

FERPA is a federal law that protects the privacy of student education records and gives parents and eligible students the right to access and control those records.

Which Creative Commons license type allows others to use the work commercially with no restrictions beyond attribution?

Answer: CC BY

The CC BY (Attribution only) license is the most permissive Creative Commons license, allowing commercial use, modifications, and distribution as long as the original creator is credited.