Four Factors of Fair Use – The Fourth Factor: The Effect of the Use on the Potential Market

Assessing the fourth factor of fair use can be the trickiest, because one needs to consider existing and potential markets for the work, including secondary markets, which might include translations, movie rights, or images on mouse pads or coffee mugs. Uses that can result in lost sales for already established markets tend to be determined as not a fair use by the courts. Another consideration for this factor is whether or not there is a reasonable way to purchase or license the work; typically, courts will rule against fair use if this was an option. Uses that cause minimal harm, or that would generate transformative markets will weigh more heavily in favor of fair use. The effect on potential markets is also linked to the purpose of the use. If you are using material from an article for education, research or scholarship, a potential harmful effect on the market may be difficult to prove. However, if you are using the material for commercial purposes, effect on potential markets may be easier to prove and result in a finding against fair use. Questions to ask when applying this factor: Could your use result in lost sales? What would happen if everyone used the work as you plan to? Is there a reasonable way to purchase or license the work?

Check out these LibGuides for more information on copyright, fair use, and finding and using images:

Questions? Contact Peggy Tahir, Education & Copyright Librarian.

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Four Factors of Fair Use – The Third Factor: The Amount and Substantiality of the Portion Taken

The third factor of fair use concerns itself with the amount of material used from a particular work. Have you used only what you need to achieve your purpose? Can you achieve your purpose without it, or with less? Is what you are using “the heart of the work?”

Courts do not set limits on quantity. There is no maximum; even the use of an entire work can be fair, particularly if the use is transformative. And there is no minimum; using a small portion may not be fair under certain circumstances. However, generally, the more you use, the more likely the use will be determined as not a fair use. Courts have also ruled against fair use when a small amount was used but was determined to be “the heart of the work.” An example of this could be a small section of a magazine article, but which contained the “scoop.” Another example could be a film clip that contained the most creative expression of the film. The courts have ruled in favor of fair use when works are transformative (parody, criticism, commentary) even with large amounts of a work used. In non-transformative cases, the courts are more concerned with whether your use might affect the market for the work.

Come see us! The Library will be hosting a table today in the lobby of the Medical Sciences Building from 12:00-1:00pm, and in the lobby of the Parnassus Library from 1:30-2:30pm. Stop by, learn about fair use, ask any copyright questions, and grab a snack to go!

Check out these LibGuides for more information on copyright, fair use, and finding and using images:

Questions? Contact Peggy Tahir, Education & Copyright Librarian.

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Four Factors of Fair Use – The Second Factor: The Nature of the Copyrighted Work

When assessing the second factor of fair use, think about the work itself. Courts tend to favor factual works over more highly creative works as a fair use. So an original poem or short story would garner stronger copyright protections from the courts than a factual article on the etiology of diabetes mellitus. Courts are typically more protective of creative works (art, poetry, film) than non-fiction works. In the same way, courts have favored published works over non-published manuscripts, giving recognition to an author’s right to first publication. There may also be other factors to consider, such as if the work is out of print, or if is an “orphan work,” where the author or copyright holder is unknown or can’t be found after a due-diligence search. Most of the time, however, the courts have focused discussion of this factor around the factual vs creative content and the publication status of the material.

Check out these LibGuides for more information on copyright, fair use, and finding and using images:

Questions? Contact Peggy Tahir, Education & Copyright Librarian.

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Four Factors of Fair Use – The First Factor: The Purpose and Character of the Use

The first factor of fair use centers around why you are using the portion of copyrighted material, and what you want to do with it. The courts generally favor, and it is written into the fair use statute, that nonprofit educational uses are favored over a commercial use of the copyrighted material. Courts also tend to favor transformative use, so when weighing this factor, think about whether or not your use is transformative. Types of transformative uses include parody, indexes, or criticisms; for example, if you took two different methods sections from two different papers and marked them up to illustrate to your students how one method was an example of an excellent research methodology, while the other was an example of a poor or incomplete methodology.

Even so, transformative use is not always necessary for the first factor to be determined as a fair use. The law explicitly states “teaching, including multiple copies for classroom use” as an example of a fair use. Non-transformative uses must rely more heavily on the non-commercial aspect of a use and the public or educational benefit of the use.

Check out these LibGuides for more information on copyright, fair use, and finding and using images:

Questions? Contact Peggy Tahir, Education & Copyright Librarian.

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Fair Use Week 2017 – The Four Factors of Fair Use

It’s Fair Use Week, and I’m going to be blogging for the week on the four factors of fair use. When is a use fair? How much of a work can I use? What should I think about when I’m using materials that are protected by copyright? When are permissions needed?

Most of the time, fair use is interpreted and determined by the courts in copyright infringement lawsuits. Fair use is the part of U.S. Copyright Law (Section 107) that allows an individual to use portions of a copyrighted work without obtaining permissions from the copyright holder. However, the person must determine whether the use is “fair,” by conducting a critical assessment weighing four factors about the material being used. All four factors must be considered during the assessment. Each day, there will be a blog post on one of the four factors and considerations to think about and apply during the assessment process.

Besides the blog posts, the Library will be hosting a table in the lobby of the Medical Sciences Building on Thursday, February 23, from 12:00-1:00pm, and in the lobby of the Parnassus Library from 1:30-2:30pm. Stop by, learn about fair use, ask any copyright questions, and grab a snack to go!

Check out these LibGuides for more information on copyright, fair use, and finding and using images:

Questions? Contact Peggy Tahir, Education & Copyright Librarian.

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Drug Apps for your Phone

Image showing location of Micromedex on UCSF Library homepageA frequent question we hear from students and others is, “What is the best drug app available to me through UCSF?”

This topic is confusing and the “right answer” seems to change every few months. Stay tuned for the changes that are sure to come! The answer for now, however, follows.

Micromedex is available to you.

Steps to add it to your phone and gain access to the content:

Go to http://www.library.ucsf.edu. Consider doing this step on a device with a larger screen!

Find Micromedex (see image to left), click on that link, on the next page find the black Micromedex box (see image below). Click on that.

Image showing Micromedex homepage

That click-flurry brings you to Micromedex itself!

At the bottom right of the page you will see “Download Mobile Apps“, while here, copy the password in Step 4. You will need it to activate your app.

Next, bring out your mobile device, go to your app store of choice, locate and download the Micromedex app…

Enter the magic password you have already copied to activate the app.

An annoyance: you will need to update this password periodically.

Lexicomp. This one is not available for now.

As I understand the story, UCSF has a limited number of mobile licenses, they are all out in use.

However, Lexicomp is the drug database used in the UpToDate app, so if you have UTD, you already have Lexicomp. If you want the UTD app, follow these steps:

  1. Access UpToDate from the UCSF Library homepage (library.ucsf.edu). This should also work through the UTD link in APeX.
  2. Create a personal account.
  3. Download the UTD app from you app store of choice to your mobile device. You are allowed to add UTD app to two devices.
  4. Sign in to the app with your personal account information. You should be good to go!

Note: This process can be a bit persnickety. Let us know if you have problems.

Epocrates is part of AthenaHealth since 2013 but they still make a good, free drug app.

See this page: https://www.epocrates.com/products/features for info. Create an account and you can download the free version. I really like the pill identifier feature. They have a drug interaction module as well. Quite a bit to like about this app. As you can see there is a premium version but the $175 price tag is too much for what you get.

The Drugs.com app received good reviews. I added it to my phone, but cannot recommend it due to the large number of ads and the somewhat sparse information presented. If you pay $4.99 you can get rid of ads for a year. The drug information appears to be the same material found on package inserts. The app has a set of additional features similar to those in Epocrates. These include a pill identifier, an interaction checker, side effects, symptom checker, and more.

Bottom line: For a solid basic drug reference, Micromedex will do fine for you. If you already have UTD on your phone or plan to add it, try looking up drugs in UTD and see if you are satisfied with the information you find. More bells and whistles? Try the free version of Epocrates.

Do you have other options you would recommend? If so, respond to this post.

Questions? Contact evans.whitaker@ucsf.edu.

-Whit

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Altmetric’s Top 100 Articles of 2016 – check out UCSF!

The company Altmetric, which produces those colorful donut wheel scores you see in UCSF Profiles and many publisher websites, put together this beautiful compilation of the 100 articles with the top Altmetric scores for 2016.

Altmetrics captures attention paid to scholarly articles by news and policy sources, blog posts, and social media sharing. It helps measure the immediate impact of a study and compliments more traditional measures such as article citations which take time to accumulate.

UCSF authors earned three of the top 100 scores. Check out which three!

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If you tried RefWorks recently and it did not work…

PQDue to some confusion about UCSF Library’s RefWorks institutional account, those of you who tried to sign up for the New RefWorks over the last few weeks might have received an error message and not been able to use the product. That problem is resolved now!

As I have said in several of my last posts, the new RefWorks is a terrific product. Easy to set up and use. If you need a reference manager or want to change from what you currently use, I encourage you to try the New RefWorks. You can find RefWorks at https://refworks.proquest.com/.

Please contact me if you have questions or problems.

— Whit

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Mac Users who use EndNote. Do not upgrade to the new MacOS Sierra

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The PDF viewer and annotator built into EndNote x7.7 (the latest version) does not work with MacOS 10.12 (Sierra). Hopefully this will be corrected soon. As EndNote is just about to come out with a major upgrade (EndNote X8) in November 2016 I suspect we will have to wait before the compatibility problem with Sierra is fixed. — Whit

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EndNote X8

Just a quick note to those of you who use EndNote and those of you who want to.

After a 3.5 year hiatus, a new major upgrade to EndNote will be released in November. Usually EndNote updates about every 18 months but there has been disquiet in the EndNote world and EndNote and related businesses (Web of Science) has been spun off from Thomson-Reuters to form Clarivate Analytics. See http://ipscience.thomsonreuters.com/news/ip-and-science-launched-as-independent-company/?utm_source=false&utm_medium=false&utm_campaign=false .

Not many details yet about EndNote X8 so I believe we will need to wait to see how it functions and what new features it brings. See  https:x8-product2//www.youtube.com/watch?v=AnXN41rLmZs for more about EndNote X8.

For those with UCSF email, you can buy EndNote X7 for $78 from OnTheHub UCSF. If you purchase now you will receive a free upgrade to X8. See the following link for more about UCSF OnTheHub and the academic discounts available to you (https://ucsf.onthehub.com/WebStore/Welcome.aspx).

Please let me know if you have questions.

–Whit

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