THE CREATIVE COMMONS SOLUTIONWhat an educator needs to know about Copyrights in

Education

What is a copyright?

© The exclusive legal

right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Translation:

© Anything that is

created and tangible (not an idea) is owned by someone

Example: The instant the shutter clicks on a camera, the photograph is copyright material of the photographer, unless… there is no film or memory card.

Infringement Copyright infringement occurs when a copyrighted

work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

How can educators avoid infringement?

By utilizing and understanding our two best friends in the copyright battle…

FAIR USE CREATIVE COMMONS

Roles of Fair Use and CC

Section of the U.S. copyright law that states what copyright uses may be acceptable for certain purposes

Education, News and Reporting, Criticism and Comment

Non-profit organization that enables the sharing and use of copyright material through free legal tools

Attempts to clear up some of the grey area of copyright/fair use law

Fair Use in Education How Fair Use helps:

More freedom in research, teaching and scholarship

Gives flexibility to students in creation

Fosters creativity by allowing teachers and students to pull from culture and add back

How Fair Use does not help: Fair Use is not a universal

solvent that covers all use of materials in the classroom

If the use is in an identical fashion to the original, for the same audience, or for commercial purposes (exceptions apply).

PSU Policy

http://www.pittstate.edu/office/president/policies/campus-policy-on-duplicating-copyrighted-written-works.dot - Written Works Policy

http://www.pittstate.edu/office/information-services/policies/?id=108653 - Online Policy

http://www.pittstate.edu/dotAsset/22ca62bc-7844-4a17-a16b-cb4650a6cef8.pdf - Acceptable Use Policy

You may make a SINGLE copy of these items in preparation of a class or for research:○ A chapter from a book○ An article from a periodical or newspaper○ Short Story, Essay or poem○ Chart, graph, diagram, drawing,or picture from a book

PSU Policy

You may make MULITPLE copies for classroom use if you meet the following tests○ Brevity Test

Certain amount of words or illustrations are used

○ Spontaneity testDecision to use the protected work is too soon to get

permission

○ Cumulative TestOnly used for one course, only one protected work, etc.

○ Explained in more detail in the policy online

Problems with Copyright

Difficult to get licensingYou want to use more than a “Fair Use” amount,

but you cannot get licensing from the owner. To share or not to share?

Inherently, creations have “All Rights Reserved”. Other users have to get your permission, or may simply not try if the process is too difficult

Too many gray areasCertain uses may be okay with the creator, while

others are not – but how do we tell?

How can Creative Commons help?

http://creativecommons.org/about Creative Commons allows creators to decide

what level of sharing they are comfortable with“Middleman” between Copyright Law and Common

SenseExample: You create a documentary film to expose

pollution in a local lake. You want others to add to your findings, so you would like for them to use your film if needed.○ Depending on the use, Copyright Law and Fair Use may

prohibit this, but using Creative Commons, it can be allowed

Creative Commons Licenses http://creativecommons.org/licenses/

Clearly defines limitations and uses

Encourage students to apply Creative Commons licenses to their workAdd to culture and knowledge base

Resources

BooksWilson, Lee. Fair Use, Free Use and Use by

Permission: How to Handle Copyrights in All Media, New York, Allworth Press, 2005, Print

Aufderheide, Patricia, and Peter Jaszi, Reclaiming Fair Use: How to Put Balance Back in Copyright, Chicago, University of Chicago Press, 2011, Print

Resources

OnlineA summary of cases involving Fair Use:

www.fairuse.stanford.edu/overview/fair-use/cases/

General Copyright Information: www.copyright.gov

Creative Commons: www.creativecommons.orgThe Code of Best Practices in Fair Use for

Media Literacy Education: http://www.cmsimpact.org/fair-use/best-practices/code-best-practices-fair-use-media-literacy-education

Resources

Online cont.A summary of the Publishers vs. Georgia State

University casehttp://copyright.syr.edu/publishers-v-georgia-state/

Summary

Fair usePowerful protector of Academic FreedomNot a universal solvent for all uses

Creative CommonsClears up confusion about what uses are

permissibleLicenses can be complicated

If in doubt, consult the PSU official Copyright policy