C©PYRIGHT & FAIR USE

What is C©PYRIGHT?

• The right granted by law to an author or other creator to control the use of work created. The law grants owners the sole right to do or allow others to:– Reproduce all or part of their work– Distribute copies – Prepare new versions based on the original work– Perform the work publicly– Display the work publicly

C©PYRIGHT

• Covers both published and unpublished work• Exists to foster the creation of all forms of

authorship. The works include:Books Sound recordingsNewspapers Audio-visual worksMagazines DissertationsComputer software Research papersMultimedia works Photographs

What Types of Works Can Claim Copyright?

• “Original works of authorship” that are “fixed in a tangible medium of expression.”

• This includes:Literary GraphicDramatic PantomimeMusical Sound RecordingsChoreographic SculpturalPictorial AudiovisualReference Works Video CassettesDVDs Computer Programs THESE WORKS ARE PROTECTED IN ANY MEDIUM, SUCH AS PRINT,

DIGITAL, OR ONLINE

How Do I Find Out Who Owns the Copyright for a Particular Work?

• Consult the packaging, link, or any acknowledgements

• If the authorship cannot be determined, contact the publisher

• Note: Works are no longer required to carry a copyright notice and may not identify the original owner

• Works in Public Domain: Generally, those published before 1923; today, generally, life + 70 years for individual works

Fair Use

• U.S. copyright law contains a provision that allows limited use of copyrighted works without the permission of the owner for certain teaching and research purposes

• Section 107 of the Fair Use law states “that there is no specific number of words, lines, and notes that may be safely taken without permission”

• Acknowledging the source of copyrighted material does not substitute for obtaining permission

Four Factors of Fair Use

• Section 107 of the Copyright Law sets 4 factors in determining whether or not a particular use is fair use.– What is the purpose of the use? (ex. profit or non-

profit?)– What is the nature of the copyrighted work? (Facts?

Creative? What is the intent for use?)– What is the amount used in relation to the copyrighted

work as a whole?– What is the effect of the use on the marketability and

value of the original copyrighted work?

General Fair Use Guidelines

• Poems: Entire poem if 250 words or less; 250 words or less if poem is longer– No more than 5 poems in an anthology– Only 3 poems or excerpts from the poet

• Motion Picture: – Up to 10% of a copyrighted work or 3 minutes,

whichever is less– Clip cannot be altered in any way

General Fair Use Guidelines

• Music-Up to 10% or :30 (whichever comes

first) of a copyrighted musical composition may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or students

TEACH Act• Implemented in 2002• Gives teachers opportunities to use copyrighted materials online via

a password protected site that is managed and available only for the time of instruction.

• Images, videos, and even power points from the web are permissible for instruction.

• Duplicating them on CDs (or recreating the materials for distribution, such as on a web site) is NOT the same as using them in classroom instruction.

• Includes Distance Learning, which allows students to upload classroom materials from home. (ex. Teacher created websites that include instructional materials such as study guides and articles)

TEACH Act• The materials uploaded must be legally

acquired/legal copy (for example, videos/music)• Citations must be given• Material is only accessible to students in the class• Cannot be materials that can be purchased (for

example, textbooks)• School must have copyright policy in place• Is not a substitution for fair use

C©PYRIGHT Myths

• MYTH: I can make a copy of the CD I just bought so that I have one in my car and at home.

• FACT: You are not allowed to reproduce copyrighted materials in any format.

C©PYRIGHT Myths

• MYTH: If it doesn’t have a copyright notice I can copy it.

• FACT: Under current law, a copyright notice isn’t required. You should assume that if it is the kind of work that can be copyrighted, then it is.

C©PYRIGHT Myths

• MYTH: To copyright something, I must register with a copyright office.

• FACT: The moment an original work is fixed in a tangible medium of expression such as on a paper or as a recording, it falls under copyright protection.

C©PYRIGHT Myths

• MYTH: I can use copyrighted work as long as it is for educational purposes.

• FACT: May fall under the category of Fair Use. However, only portions of the copyrighted material can be used for educational purposes.

C©PYRIGHT Myths

• MYTH: I can use copyrighted work as long as I don’t make money from its use.

• FACT: Copyright law gives the owner the right to decide who uses the work.

C©PYRIGHT Myths

• MYTH: If something is posted on the internet, it’s in the public domain so I can use it.

• FACT: Posting on the internet doesn’t mean the item posted is in the public domain. Today’s technologies make it easier to download text and images, but it is still illegal unless one has permission from the copyright owner.

References

• http://www.koce.org/classroom/copyright.htm (Good videos to help answer additional questions about copyright!)

• http://thecopyrightsite.org

• http://copyright.gov/title17/

• http://CopyrightEducation.org

• http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyright_chart.pdf (Excellent chart for teacher use)

• Presentation researched and prepared by Tracy M. Windle, doctoral student, The University of Alabama, College of Education (Fall, 2010)