Copyright Law Generally

Copyright laws protect original and creative works (e.g., images, text, audio, video, graphics, etc.) from being copied, distributed, transposed into a different medium or used to create a derivative work without permission from the author.

In order to qualify for copyright protection, the work must be fixed in a tangible medium and must concern expression of ideas rather than mere facts. Facts are not protectable under the copyright laws. Most textual works include protectable expression as well as facts. Typically, graphics, photographs and pictures are protectable.

Copying may be established by showing that the accused infringer had access to the original work and that the accused copy is substantially similar to the original work.

The concept of fair use may be invoked as a defense to copyright infringement, but is difficult to establish when the accused use is for commercial as opposed to educational purposes. In determining fair use, courts look to the purpose and character of the use, including commercial vs. nonprofit educational purpose, nature of the copyrighted work, the amount and substantiality of the portion used in relation to the work as a whole, and the effect of the use on the potential market or value of the work. The fair use exception may permit the use of small portions of a protected work for limited purposes so long as the value of the original work is not impacted.

Guidelines for Fair Use of Copyrighted Materials

The following are guidelines to avoid claims of copyright infringement when making fair use of copyrightable works for educational purposes in connection with classes and seminars offered by chapters/members of the American Sewing Guild:

1. Educational instructors may make one (1) copy of any of the following for his or her use in teaching or preparation to teach a class:

(a) A chapter from a book;

(b) An article from a periodical or newspaper;

(c) A short essay; and

(d) A sewing pattern, chart, graph, diagram, drawing, or image from a book, periodical or newspaper.

2. Educational instructors are permitted to make multiple copies for classroom use or discussion, subject to the following conditions:

(a) The copying is brief:

(i) for works of prose - a complete article, story or essay if less than 2,500 words, or an excerpt from any prose work where such excerpt is not more than 1,000 words or 10% of the work, whichever is less and provided it is not the “heart of the work”; or

(ii) For illustrations - one sewing pattern, chart, graph, diagram, drawing, or image per book or per periodical issue.

(b) The copying is spontaneous:

(i) The idea to make the copies must come from the instructor, not from administrators or other higher authority.

(ii) The idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request:

(a) For example, if the instructor finds a news article on sewing methods two days before presenting a lecture on the subject, then copying said article for classroom distribution would likely be permissible;

(b) However, if it is reasonable to expect a timely reply to a permission request from the copyright holder, then the instructor is required to make every effort to attain the copyright holder’s permission before copying.

(c) The copying of the material is for only one course offered by a given chapter of the American Sewing Guild;

(d) Not more than one (1) short article, story, essay or two excerpts should be copied from the same author, nor more than three (3) from the same collective work or periodical volume (e.g., a magazine or newspaper) during one class;

(e) The number of copies cannot exceed more than one copy per pupil;

(f) A notice of copyright must be affixed to each copy; and

(g) For courses that may extend over the term of a year or require multiple classes over several months, only nine (9) instances of copying for classroom distribution should be permitted.

3. Restrictions on making a single copy for use by an instructor (1 above) and multiple copies for classroom use (2 above):

(a) Classroom copying cannot be used to create, replace or substitute for anthologies, compilations or collective works;

(i) Still, replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.

(b) There shall be no copying from workbooks, exercises, and similar “consumable” materials used in the course/seminar or teaching;

(c) Copying shall not: (i) substitute for the purchase of books, publisher’s reprints or periodicals; (ii) be directed by the American Sewing Guild or a particular Chapter; or (iii) be repeated by the same teacher each year;

(i) In other words, educational instructors may not, without permission, photocopy sewing patterns, workbooks, texts, or other materials that were created for educational use, if the copying provides replacements or substitutes for the purchase of sewing patterns, books, reprints, periodicals, workbooks;

(ii) However, just making a copy of a couple of pages out of a textbook would not provide a replacement for the entire book because there would be much more in the book that was not in the copies of the couple pages. Thus, even if the students were to get copies of 2 pages of a textbook, they may still want to purchase the workbook to see the rest of the book. So the 2 copies would not be a "replacement or a substitute for the purchase" of the textbook in any meaningful sense.

(d) Pupils cannot be charged more than the actual cost of photocopying.

Additional Comments
1. It is permissible to use facts taken from any source, but instructors must express those facts in a different way.

2. It is permissible to use works that are in the public domain, that is, no longer protected by copyright laws.

3. Attribution of source does not avoid copyright infringement.

(a) However, it is permissible to quote small segments from another source to make a particular point, provided that attribution of source is given. For example, it is permissible to quote a particular statement about a sewing pattern or technique to critique that statement or expression.

4. If using the name of another sewing expert or his/her technique, particularly to market or advertise a particular course or seminar, permission or authorization from that expert should be obtained to avoid violating his/her right of publicity/privacy.

5. When in doubt, assume that there is copyright protection and seek permission before duplicating any substantial portion of a work.

(a) Any questions or concerns regarding the lawful copying of copyrighted material should be direct to the Executive Director, American Sewing Guild, Inc. (713-729-3000).

November 6, 2006/ Baker Botts LLP