Copyright Question
Per our understanding of the copyright law, this site is in compliance under the Fair Use exception as codified in Title 17, Section 107 to the 1976 Copyright Law which allows for use of a protected work without prior authorization.
This non-profit site indexes dramatic performances of copyrighted material for the purposes of promoting children's literacy and advancing learning.
Section 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A [setting forth copyright owners' exclusive rights and visual artists' artistic rights], 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:
What is the purpose and character of the use?
Educational and non-profit uses are generally considered fair use.
Additionally, as a dramatic reading of the copyrighted material, the indexed videos are considered "transformative" works, adding additional value to the original work.
Storytelling is a non-for-profit, educational activity. No money will be made with storytelling, similar to storytime in a library.-
What is the nature of the work to be used?
Published works are more likely considered fair use. This site indexes recordings of dramatic readings of published childrens books.
An expected use of published book is to perform dramatic readings of the work, as occurs in most childhood households every evening.
-
What amount of the work do we plan to use?
Generally speaking, using smaller portions of the work falls within this exception.
The key element of this provision is that in order to be fair use, you must use no more of the original copyrighted work than necessary for your purpose.
However with the intended use to promote literacy in young children, the storytelling requires reading the entire work.
-
Will the market for the work be harmed now or in the future?
Storytelling promotes reading and literacy in young children. The dramatic readings indexed on this site act as an introduction for the young audience to authors and book series.
These readings encourage the listeners to acquire hard copies of these books and other books by the author and illustrator. This site is increasing author, illustrator and book exposure acting as free marketing.
After examining these factors, we believe the site qualifies as a Fair Use exception.
References:
- http://www.copyright.gov/title17/92chap1.html
- http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use
