Open Access Funding Opportunity for All UCSF Faculty

Open Access Publishing Fund

The UCSF Academic Senate voted to double the amount of funds available in the Open Access Publishing Fund in 2017. The Fund is made possible through a generous yearly gift from Chancellor Sam Hawgood to the Academic Senate. The UCSF Library oversees the management and implementation of the Fund. In 2015 and 2016 during the first two years of this gift, $45,000 was dedicated each year to the Fund to help cover publication charges for … Read more

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

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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 … Read more

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

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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 … Read more

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

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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 … Read more

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

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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 … Read more