Copyright Made Simple for Digital Educators

Copyright Made Simple for Digital Educators

Tom TobinCoordinator of Learning TechnologiesNortheastern Illinois University

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Copyright Made

Simple for Digital

EducatorsThomas J. TobinCoordinator of Learning Technologies

Northeastern Illinois Universityt-tobin@neiu.edu

Who’s Here Today?Using the poll feature, please let us know who is participating from your institution today.A.Administrator

B.Academic AdvisingC.Admissions/Enrollment ManagementD.Student AffairsE.FacultyF. Other (please specify)

Image in the public domain (https://commons.wikimedia.org/wiki/Commons:Featured_picture_candidates/File:Macaca_nigra_self-portrait_%28rotated_and_cropped_.jpg)

Who Owns the Monkey Selfie?

Learning Outcomes• apply a four-item rubric to your

use of copied content in your online course environment.

• Determine whether copyright even applies to a given use of materials.

• Find alternative means of providing access to copyrighted content.

• Create a robust defense for use in online courses of content created by others. Image © 2008 James Beilin. Shared under CC BY-ND license from Flickr.com.

Quiz 1: A New Hope1. Which of the following choices is an example of copying?

a)Linking to a file on YouTube.b)Sharing the web address of a file on

YouTube.c)Saving a YouTube video file onto your own

computer.d)Providing the key words for finding a video

on YouTube.Image ©1977 LucasFilm, used with permission from starwarsscreecaps.com

Quiz 1: A New Hope

Image ©1977 LucasFilm, used with permission from starwarsscreecaps.com

2. Which of the following are NOT protected by copyright?

a)Works created by the federal government.b)Works that display the copyright symbol ©.c)Works that are published on the Internet.d)Student-written papers in your class.

Quiz 1: A New Hope

Image ©1977 LucasFilm, used with permission from starwarsscreecaps.com

3. Which of these works is protected by copyright?

a)Your spouse’s unpublished personal journal.b)A 1929 movie whose copyright is not

renewed.c)The latest U.S. Congressional Budget Office

report.d)Software code where the creator expressly

gives up all rights to the work.

Quiz 1: Answers

Image ©2015, used under CC BY license from customlightsabers.com

1. Which of the following is copying?c) Saving a video from YouTube to your

own computer.

2. Which are NOT protected by copyright?a) Works created by the US government.

3. Which is protected by copyright?a) Your spouse’s unpublished personal

journal.

What Is a Copy?Image © 2011 Thomas J. Tobin, used under CC-BY license

Image © 2009 Beinecke Library, used under CC-BY license from Flickr.com

• created by the federal government• 70+ years after the creator’s life, copyright not renewed (“public domain”)• owner gives up some or all rights to the work

What Is Not Copyrighted?

• ANY works that are created—including material you create for class use and student-written pieces. •No need to register a work with the Copyright Office or display the © symbol.Image 2012 NASA Goddard Space Flight Center, used under CC-0 public domain license from Flickr.com

What Is Copyrighted?

“The 1976 revision of the Copyright Act ... changed the original nature and function of fair use. It treats fair use as a defense, rather than as an affirmative right of use.”

(Ghosh, et al, p. 174)

Image ©1980 LucasFilm, used with permission from starwarsscreecaps.com

“Although the courts have ruled upon the fair use doctrine over and over, no real definition of the concept has ever emerged. [S]ince the doctrine is an equitable rule of reason, no definition is possible, and each case raising the question must be decided on its own facts.”

(HR 94-1476, 1976, p. 65)

Image ©1980 LucasFilm, used with permission from starwarsscreecaps.com

Fair-Use Secrets: PANE

Image 2008 Niels Epting, used under CC-BY-ND license from Flickr.com

Fair-Use Secrets: PANE

Image 2008 Niels Epting, used under CC-BY-ND license from Flickr.com

Purpose: Are you using the content for “criticism, comment, news reporting, teaching, scholarship, or research?”

Fair-Use Secrets: PANE

Image 2008 Niels Epting, used under CC-BY-ND license from Flickr.com

Purpose: Are you using the content for “criticism, comment, news reporting, teaching, scholarship, or research?”

For-Profit Institution Alert!

Fair-Use Secrets: PANE

Image 2008 Niels Epting, used under CC-BY-ND license from Flickr.com

Amount: How much of the whole item are you using?

Fair-Use Secrets: PANE

Image 2008 Niels Epting, used under CC-BY-ND license from Flickr.com

Nature of the Work: Is the content factual or creative? Is it being used for a one-time purpose, or repeatedly?

Fair-Use Secrets: PANE

Image 2008 Niels Epting, used under CC-BY-ND license from Flickr.com

Economic Impact: Will your use of the material deprive the author or creator of revenue or profits?

Fair-Use Secrets: PANE

Image 2008 Niels Epting, used under CC-BY-ND license from Flickr.com

Purpose: Are you using the content for “criticism, comment, news reporting, teaching, scholarship, or research?”

Amount: How much of the whole item are you using?

Nature of the Work: Is the content factual or creative? Is it being used for a one-time purpose, or repeatedly?

Economic Impact: Will your use of the material deprive the author or creator of revenue or profits?

Quiz 2: The Quiz Strikes Back

Image ©1980 LucasFilm, used with permission from starwarsscreecaps.com

4. One of the PANE elements is “Nature of the Work.” Which is the best example of appropriate use?

a)Copy an econ report in your prof-pack each semester.

b)PDF an economic report to give to your class once.

c)PDF a poem to distribute to your class every semester.

d)PDF a poem to avoid students having to buy the entire book in which it appears.

Image ©1980 LucasFilm, used with permission from starwarsscreecaps.com

Quiz 2: The Quiz Strikes Back5. Which part of the PANE acronym deals with determining whether your use of the copyrighted material would deprive the owner of revenue or profits?

a)Amountb)Assigned Valuec)Ethical Valued)Economic Impact

Quiz 2: Answers

Image ©2015, used under CC BY license from customlightsabers.comImage ©2015, used under CC BY license from customlightsabers.com

4. Which is the best example of appropriate “nature of the work” use?b) PDF an economic report to give to your class once.

5. Which part of PANE deals with whether your copy deprives the owner of profits?d) Economic Impact

Image ©2009 Michael Becker, used under CC BY-NC license from Flickr.com

Copy and modify for accessibility.Limit access to modified works.Don’t share converted materials.Make a fair-use case for broad access.

… just copying these Death Star plans…

Licenses & Permission Trump the Law

Image ©1983 LucasFilm, used with permission from starwarsscreecaps.com

Attribution: Copy, distribute, display, perform, and make derivatives only if you give the author credit.

Noncommercial: Copy, distribute, display, perform, and make derivatives only for non-commercial purposes.

No Derivative Works: Copy, distribute, display and perform only verbatim copies of the work.

Share-Alike: Distribute derivative works only under a license identical to the one governing the original.

Source: http://en.wikipedia.org/wiki/Creative_Commons_license#Types_of_licenses

Creative Commons

Noncommercial: Copy, distribute, display, perform, and make derivatives only for non-commercial purposes.

Source: http://en.wikipedia.org/wiki/Creative_Commons_license#Types_of_licenses

Creative Commons

For-Profit Institution Alert!

When in doubt, get permission.

In your request, specify how the work will be used, based on the PANE criteria.

Always provide attribution.

Image © 2010 Copyright Advisory Office of Columbia University, Kenneth D. Crews, director, used under CC-BY license from copyright.columbia.edu

Quiz 3: Return of the Quiz

Image ©1983 LucasFilm, used with permission from starwarsscreecaps.com

6. What is meant by a work in the public domain?

a)It was never covered by copyright protection.

b)It is more than 70 years after the author’s life and the copyright has not been renewed.

c)The original owner of the copyright has passed away.

d)It was created in a country with no copyright law.

Quiz 3: Return of the Quiz

Image ©1983 LucasFilm, used with permission from starwarsscreecaps.com

7. What is Creative Commons?

a)A clearinghouse for copyright of musical works.

b)A set of U.S. laws for the use of copyrighted materials.

c)Informal guidelines for using copyrighted works.

d)A set of license agreements that allow for “common sense” use of copyrighted works.

Quiz 3: Answers

Image ©2015, used under CC BY license from customlightsabers.com

6. What is meant by a work in the public domain?b) It is more than 70 years after the author’s life and the copyright has not been renewed.

7. What is Creative Commons?d) A set of license agreements that allow for “common sense” use of copyrighted works.

Quiz 4: The Phantom Menace

Image ©1999 LucasFilm, used with permission from starwarsscreecaps.com

8. Where does the principle of “fair use” best apply?

a)Copy an excerpt of a product review from a magazine as part of the brochure for a start-up company.

b)Copy a song for course-presentation background music.

c)Copy a paragraph from a book on the Civil War for a history-course handout.

d)Link to a YouTube video to support your online lecture.

8. Where does the principle of “fair use” best apply?

c) Copy a paragraph from a book on the Civil War for a history-course handout.

Image © 2006 Alvin Trusty, used under CC-BY license from Flickr.com

Quiz 4: Answers

Forget Everything You Just Learned

Did You Make a Copy?

Image © 2014 aussiegall, used under CC-BY license from Flickr.com

No Copy = No CopyrightHyperlinking and streaming via embed/share code are not copying.

Check with your librarians to see if your institution already has licensed copies of your desired materials.

Take-Aways

CopyrightAcademic IntegrityAccessibility & UDL

Evaluating Online Teaching

thomasjtobin.com

Tom TobinCoordinator of Learning TechnologiesNortheastern Illinois University

Patrick LoftusMarketing Assistant3Play Mediapatrick@3playmedia.com

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