Can You Copy Right? By Lori Jordan June 3 ,2007

All images used in presentation conform to the Fair Use and Copyright Guidelines.

Copyright What is it? Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.

What’s the purpose? The United States Constitution clearly states that purpose of copyright is to “ promote the progress of Science and useful Arts.”

                                                                    

Protection by Copyright Protected

• literary works; • musical works, including

any accompanying words • dramatic works, including

any accompanying music • pantomimes and

choreographic works • pictorial, graphic, and

sculptural works • motion pictures and other

audiovisual works

• sound recordings • architectural works

Non-protected 1.  Works that have not been

fixed in a tangible form of expression   

2.  Titles, names, short phrases, and slogans;

3.  Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices  

4.  Works consisting entirely of information that is common property and containing no original authorship

---US Copyright Office---

Owner’s RightsCopyright protects five rights in areas where

the author or owner of the work retains exclusive control.

1. Right of reproduction2. Right to Create Derivative works

3. Right to Distribution 4. Right to Public Performance

5. Right to Public Display

Scope of Copyright

• Works created after January 1, 1978– duration of author’s life plus 50 years.

• Works published between 1964 and 1977-75 years • Works published between 75 years ago and 1963-

28 years with option of renewal• Works published more than 75 years ago- Public

Domain

Fair Use The right to copy the works of another for educational fair-use purposes.

PURPOSES Criticism Comment News reporting Teaching(including multiple copies for classroom use) Scholarship Research

                                         

Window into FAIR USE

Purpose

Nature

Amount

Effect

Fair Use Guidelines Recommendations for the use of copyright

materials in educational institutions.

                                                      

Brevity How much of the work you can copy

     Spontaneity How many times

you can copy.

GuidelinesMedium SpecificsPrinted Material

Poem less than 250 words

Articles, stories, or essays less than 2,500 words

Longer works-10 % or 1,000 words

Images from Internet

post links to legitimate resources;

10% or 15 images (whichever is less) from one work

Permission required

GuidelinesMedium Specifics

Recorded Music

up to 10% with maximum of 30 seconds per single work

Television/

Video

Broadcasts or tapes made from t.v. may be used for instruction

Cable channel programs used with permission

retain tape for 10 days

Computer Software

Installed on multiple machines based on number of licenses

Network license may be required for multiple users.

Use software that has been legally obtained

Fair or Unfair Use

Two seniors are planning to use the entire song “ I Will Survive” in their presentation for graduation. The presentation will be twenty minute long.As their advisor, you look over the presentation and decide it would be great to use as background music for the presentation.

Recorded Music

Fair or Unfair Use

Ms. Deci Mal has found a new math program on computers that would be wonderful to use with her fourth graders. She asks the principal to purchase 20 licenses for her class.

Computer Software

Fair or Unfair Use

Mr. Arty Smarty is the Art teacher. His class has been learning the different painting techniques of 5 different artists. For Open House, his class is showcasing their original artwork that reflects the artist’s techniques. He wants to create a brochure, with pictures, that explains each artist and style. He finds images on the Internet to use and gives credit to his sources.

Internet Image

Fair or Unfair Use

Older versions of “The Magic Schoolbus” are being shown on a major network this week. Mr. Tornado thinks the show is great for his science class, so he videotapes all episodes to use in the future.

TV or Video

Fair or Unfair Use Printed Material

The History teacher, Mr. News, found a terrific article in today’s paper that goes along with the

lesson he is teaching. He decides to cut it out and copy it for the forty

students in two of his classes.

                                                      

How to avoid Problems

1. Use Public Domain whenever possible

2. Ask permission to use copyrighted materials

3. Work with School Library Media Specialist to locate or create appropriate materials.

4. When in Doubt- Don’t do it.

Works Cited Butler, Rebecca. “ Chapter2 Fair Use: When Do You Need

to Ask Permission” Copyright for Teachers and Librarians 2004 Mansfield E-reserves. Mansfield

University. 28 May 2007. http://ereserves.mansfield.edu.ezproxy.mansfield.edu/ereserve

Davidson, Hall. “Copyright and Fair Use Guidelines forTeachers”. 28 May 2007

<http:www.halldavidson.com/copyright_chart.pdf>. 

Torrans, Lee Ann. Law for K-12 Libraries and Librarians. Westport, CT: Libraries Unlimited, 2003.

Works Cited

Images:

Clipart Gallery. DiscoverySchool.com 1-2 June 2007. http://school.discovery.com/clipart

MSN Clipart. Microsoft Network. 1-2 June 2007http://office.microsoft.com/en-us/clipart