QUESTION

Using publicly available texts for teaching purposes

Asked on Sep 29th, 2020 on Copyrights - New York
More details to this question:
Dear Lawyer, I plan to teach Portuguese on YouTube and for the purpose of the listening comprehension skills and text analysis, I wanted to read out loud some short texts that are already legally available online for free such as online newspapers or book excerpts available on editor's websites. Is it legal to that? Thanks in advance. Maria.
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1 ANSWER

Trademarks Attorney serving New York, NY
3 Awards
Under Copyright Law, the reading of a material, if such a reading is recorded can be considered as an activity that results in a derivative work. Considering this the resulting recording could be subject to the necessary authorization of Copyright owner. That said, it is also worth noting that if the part of the material is minimal or if you are not copying the material so that others access to it freely without buying it, there might be no Copyright issue. It is also important to consider that if the piece your are reading is secondary to the main subject of the class it can be considered "minimums" and not be relevant. Finally, it is also worth considering the elements of fair use. When the use of a material is considered fair use, there is no copyright infringement. For this purpose it is important to consider whether the use of the material is transformative, the amount of material used, the effect of such use in the commercialization of the material and the commercial or not comercial character of the use.  As a final comment, it is a good practice to read the terms and conditions of websites that give access to materials to know whether they have a license to publish such materials.  ATTENTION. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
Answered on Oct 11th, 2020 at 3:18 PM

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