Copyright LawsandFair use:A Guide for Educators : Copyright LawsandFair use:A Guide for Educators Created and Narrated by
Jo Ann Noble
Why do I have to worry about copyright laws as an educator?? : Why do I have to worry about copyright laws as an educator?? What are my responsibilities??
Are you a criminal according to copyright law? : Are you a criminal according to copyright law? Have you ever…..
made multiple copies of an article from a magazine and
used it again and again without obtaining permission?
made a DVD copy of a television program and used it
in class as part of a lesson?
made copies of a chapter in a textbook?
copied an image from the internet and posted
it into one of your lessons?
What is Copyright? : What is Copyright? Copyright provides the creators of
original works of authorship with a
set of limited exclusive rights,
including the right to copy,
distribute, and perform their works. Infringing uses of copyright materials include
publishing the material, public display of the
material, or any that reduces the value of the
copyrighted work.
Who can Claim Copyright? : Who can Claim Copyright? Only the author or those deriving
their rights through the author
can claim copyright.
An employer can claim authorship for
“work made for hire”.
How of does material become copyrighted? : How of does material become copyrighted? All tangible creative works are
protected by copyright immediately
upon creation.
Authors are not required to register
their work, announce that the work
is copyrighted, or display the copyright
symbol to enjoy protection.
What qualifies for copyright protection? : What qualifies for copyright protection? literary works
musical works
dramatic works
choreographed works
pictorial, graphics, and sculptural works
motion pictures and audiovisual works
sound recordings
What Is Not Protected by Copyright? : What Is Not Protected by Copyright? Facts and Ideas
Works in the Public Domain
Works published before January 1, 1923.
Works published between 1923 and 1978 that did not contain a valid copyright notice.
Works published between 1923 and 1978 for which the copyright was not renewed.
Works authored by employees of the federal government.
Works that the copyright owner has freely granted to the public domain
When can copyrighted material be copied and used? : When can copyrighted material be copied and used? Public Domain
Permission
Legal exception
Fair Use THE INTERNET IS NOT IN THE PUBLIC DOMAIN
What is copyright law : What is copyright law Copyright is part of federal law
and was first authorized by the
United States Constitution in 1790.
States that the owner of any tangible
creative work has the sole right to reproduce, distribute, perform, display, transmit, or transform that work.
Originally provided the author or creator the exclusive rights for a term of 14 years with the ability to renew for an additional 14 years
Copyright Law Article 17
Changes in Term Length : Changes in Term Length 1831 Act: extended the term to 28 years with 14-year renewal
1909 Act: extended the term to 28 years with 28-year renewal
1976 Act: extended term to either 75 years or life of author plus 50 years
Copyright Term Extension Act 1998: extended terms to 95/120 years or life plus 70 years
Important Educational Changes In Copyright Law Through Years : Important Educational Changes In Copyright Law Through Years Copyright Act of 1976 - extended federal copyright to unpublished works; preempted state copyright laws; doctrine of fair use
The Digital Millennium Copyright Act 1998
The TEACH Act of 2002
Copyright Timeline: A History of Copyright in the United States
What is Fair Use? : What is Fair Use? In its most general sense, fair use
is any copying of copyrighted
material done for a limited and
“transformative" purpose such as
to comment upon, criticize or parody
a copyrighted work.
One may make fair use of copyrighted work without the copyright holder’s permission. Fair use doctrine is not a license to steal!
Is It or Isn’t Fair Use? : Is It or Isn’t Fair Use? According to Section 107 of the copyright law, four factors must be considered when determining whether or not a particular use fall under fair use.
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
The nature of the copyright work.
The amount and substantiality of the portion used in relation to the copyright work as a whole.
The effect of the use upon the potential market for, or value of, the copyrighted work.
Guidelines for Educators : Guidelines for Educators Fair Use Checklists:
Columbia University
Classroom Copyright Chart
Fair Use Chart for Teachers
Guidelines for Educators
FAQ’s Regarding Copyright and Fair Use
Copyright and Fair Use Stanford University Libraries
Fair Use and the Internet : Fair Use and the Internet Most Web pages, including the information on
them and the code used to create them, are
protected by copyright law.
Copyrighted work on the Web is governed by
the international treaty the Berne Convention
for the Protection of Literary and Artistic
Works.
Copyright, Fair Use and Online Teaching : Copyright, Fair Use and Online Teaching The TEACH Act
A Guide to Teach Act
TEACH Act Checklist
The Code of Best Practice : The Code of Best Practice The Code of Best Practice
Identifies five sets of current practices in the use
copyrighted materials in media literacy education
to which the doctrine of fair use clearly applies.
Creative Commons : Creative Commons There are six major licenses of the Creative Commons:
Attribution
Attribution Share Alike
Attribution No Derivatives
Attribution Non-Commercial
Attribution Non-Commercial Share Alike
Attribution Non-Commercial No Derivatives
Are you a criminal?? : Are you a criminal?? Have you ever…..
made multiple copies of an article from a magazine
and used it again and again without obtaining
permission?
made a DVD copy of a television program and used
it in class as part of a lesson?
made copies of a chapter in a textbook?
copied an image from the internet and posted into
one of your lessons?
Copyright and Fair Use Summary : Copyright and Fair Use Summary Use public domain resources
whenever possible.
If in doubt, ask permission.
Develop collaborative efforts
with other teachers.
References : References Newsome. C. A Teacher's Guide to Fair Use and Copyright. (2000). Retrieved from:
http://home.earthlink.net/~cnew/research.htm#Introduction
Association of Research Libraries. (2007). Copyright Timeline: A History of Copyright in the United States Retrieved from: http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtml
University System of Georgia. (2011) Copyright Generally (2000). Retrieved from: http://www.usg.edu/copyright/
Starr. L. Copyrights and Copying Wrongs (2010). Retrieved from: http://www.educationworld.com/a_curr/curr280a.shtml
University of Texas System (2011) The TEACH Act finally Becomes Law. (2002). Retrieved from: http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm
Stanford University Libraries & Academic Information Resources . (2011) What is Fair Use? (2007). Retrieved from: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html
Stanford University Libraries & Academic Information Resources . (2011) Copyright and Fair Use Overview (2007). Retrieved from: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html
Colombia University Libraries/Information Services . (2011) Fair Use Check List (2011). Retrieved from:
http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf
Educational Cyber Playground (2011_ Copyright Laws Do‘s and Don’ts: What is legal in the School Classroom (1997)
Retrieved from: http://www.edu-cyberpg.com/Teachers/copyrightlaw.html
References Continued : References Continued School of Communications and Theater Temple University. (2011). Y2008 Code of Best Practices for Fair Use in Media Literacy Education (2009) Retrieved from:
http://mediaeducationlab.com/sites/mediaeducationlab.com/files/CodeofBestPracticesinFairUse.pdf
Creative Commons. (2011). About the Licenses (2011) Retrieved from:
http://creativecommons.org/licenses/
Images : Images Schroeder clipart retrieved from: http://xfactorleona.com/video_f5j_BGh5AzE_page_1_tag_snoopy.html
Angry man photo retrieved from: http://hesham.aminus3.com/image/2009-10-17.html
Checklist clipart retrieved from: http//www.winnersedgetrading.com/forex-checklist/
Burglar clipart retrieved from: http://www.clipartof.com/details/clipart/214632.html
Policeman clipart retrieved from: http://www.bgagraphics.com/professions/emergency/17.html
Copyright symbol clipart retrieved from: http://commons.wikimedia.org/wiki/File:Copyright_crystal_metallic.png
Owl clipart retrieved from: http://www.vectorstock.com/royalty-free-vector/213590-wise-owl-vector
Artist clipart retrieved from: http://www.stockphotopro.com/photo_of/drawing/6349276WEB/A_drawing_of_a
Musical notes clipart retrieved from: [IMG]http://i606.photobucket.com/albums/tt144/maclisa/music/ccmusic.gif[/IMG]
Judge clipart retrieved from: http://www.aperfectworld.org/government.html
Images Continued : Images Continued Copying machine clipart retrieved from: http://www.poweredtemplates.com/cliparts/consumerelectronics/00015/0/index.html
Question mark clipart retrieved from: http://us.bestgraph.com/gifs/interro-1.html
Scales of Justice clipart retrieved from: http://www.nextcat.com/profile/blog/BlogView.aspx?path=chazlee.blog.213212
Clock clipart retrieved from: http://www.cafepress.com/+scales_of_justice_wall_clock,55227809
Questioning person clipart retrieved from: http://marcella09.blogspot.com/2009_03_01_archive.html
Clipboard clipart retrieved from: http://thef3llas.com/thef3llas_wordpress/?attachment_id=2802
Student photo retrieved from: http://www.the3dstudio.com/product_details.aspx?id_product=258982
Creative Commons clipart retrieved from: http://www.scribemedia.org/2009/01/23/commons-commons-whats-non-commercial-anyway/
Conference: Clipart: http://kslibassoc.org/
Audio : Audio Guaraldi V (1964) Peanuts Theme Song “Linus and Lucy”. Downloaded from: http://www.televisiontunes.com/Peanuts.html