Copyright for K–12 Librarians and Educators

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1.Copyright for K-12 Librarians and Educators April 11, 2013Carrie Russell, Director of the Program on Public Access to InformationALA Office for Information Technology Policy crussell@alawash.org2. Purpose of the Copyright Law1. To ensure that authors are paid2. To promote learning and the dissemination of knowledge3. To manage the financial interests of rights holders4. To ensure that the heirs of rights holders can continue to benefit from creative works 3. The Constitution does not establish copyright, but provides that Congresswill have the power to grant such rights if it thinks best. Not primarily forthe benefit of the author, but primarily for the benefit of the public, suchrights are given. Not that any particular class of citizens, however worthy,may benefit, but because the policy is believed to be for the benefit of thegreat body of the people, in that it will stimulate writing and invention, to givesome bonus to authors and inventors.H.R. 2222, pp 6-7, Copyright Act of 1976 4. Copyright is Good Benefits the public by making creative worksavailable Understands that creators stand on the shoulder ofgiants Creates economic markets for works Is flexible Loves non-profit libraries and schools 5. Wikipedia, the Free EncyclopediaThe dwarf sees farther than the giant, when he has the giants shoulder to mount on. 6. Do not be this person. 7. Review of Copyright Law Exclusive rights make up the limited monopolycreated by Congress reproduction distribution derivative works public performance public display Exclusive rights are divisible and can beinherited, given or contracted away Original and creative works fixed in a tangiblemedium get automatic copyright protection Distinction between copyright and a copy (thephysical object) 8. There are holes in the CopyrightMonopoly Exceptions are legal rules that allow one to use a copyright without priorauthorization and without a fee Limitations are ways in which the monopoly is restrictedStatutory monopoly limited by: user privileges like fair use, first sale, interlibrary loan, etc. public domain (current term: life plus 70 years) checks on what can be protected (not facts, lists, processes, federalgovernment documents, etc.) idea v. expression dichotomy and others If copyright monopoly was not curbed what would be the result? 9. Socially beneficial uses of copyright materials Are central to the purpose of the law Are often reflected in copyright exceptions (ex.public performances in the classroom) Places of learning, enrichment, andscholarship have a special status under the law Non-profit, educational institutions are one ofthe few institutions that are specifically singledout as needing exceptions 10. Copyright is often confused withSome other intellectual property law Patents, trademark, trade secretContract law (licensing) When you ask and get permission to use a copyrightedwork from the copyright holder, you get a license to usethe work We try to get user rights we would expect in thecopyright law reflected in a license agreementFair use guidelines Do not have the force and effect of law But you might use these as your institutional policyPlagiarism You can infringe and plagiarize at the same time, or youcan do one or the other separately 11. Plagiarism v. CopyrightInfringement Is harder to spell Is a federal law Is wrong Breaking thecopyright law Is something that Is bounded byshould be taughtlimitations to Little kids/older kids copyright Any style format is Unlikelyfine Cite references Cite references 12. Drama Queen. Oh yeah, you can say that but what if we get sued. 13. Your Liability Unlikely that a teacher or librarian would betaken to court, but still could happen Section 504(c)(2) limits statutory damages foralleged infringers who work at a non-profit, educational institutions 11th Amendment Constitutional doctrinethat state or state agencies cannot be sued fordollar damages by the federal government Risky proposition to go to court; manydisputes settled out of court 14. The Copyright Police 15. Fair Use Most important for you to know Section 107, codified with the Copyright Act of 1976 Determined on a case by case basis Requires one to think and make a judgment You may never know for sure that a use of acopyright is fair or not 16. Four Factors of Fair Use Purpose of the use (Why do you want to use acopyright?) Nature of the publication (What is the material thatyou are using?) Amount (How much of the works are you using?) Effect on the market (What economic harm are youcausing?) 17. #1 Purpose of the Use Fair Not FairNon profit,For profit,educational usecommercial useUses often fall in betweenthe two ends. 18. #2 Nature of the Publication Fair Not FairAlready published, Unpublished,factual creative 19. #3 Amount Used Fair Not Fair Portions, The entire work,just the amount neededflagrant,to satisfy the use made to avoid purchase 20. #4 Effect on the MarketFairNot Fair No effect, Direct impactenhances future sales on the market 21. Here is the black and white (no gray!), ill-considered, short term option.Trails Category: Recognize how to use information responsibly, ethically, and legallyAASL Information Power:IP-S8-I2TRAILS Objective:From the list the learner will correctly identify the maximum length of a sound clip from a popular song that may be legally incorporated into a school project. You are creating a video for your science class, and you want to include a sound clip from a popular song. How much of the song may you include without violating copyright?CHOOSE ONE ANSWER.() up to 3% of the song length, but no more than 9 seconds() up to 10% of the song length, but no more than 30 seconds() up to 20% of the song length, but no more than 1 minute() There is no time limit because the song is being used for a classroom assignment. 22. Fair Use Guidelines Motion Media: Up to 10 percent or 3 minutes, whichever is less, of asingle copyrighted motion media work. Text Material: Up to 10 percent or 1,000 words, whichever is less, of asingle copyrighted work of text. Poems: An entire poem of less than 250 words, but no more than threepoems by one poet or five poems by different poets from a singleanthology. In longer poems, the 250-word limit still applies, plus no morethan three excerpts by one poet or five excerpts by different poets from asingle anthology may be used. Music, Lyrics and Music Video: Again, up to 10 percent, but no more than30 seconds of music and lyrics from a single musical work. Any alterationsof a musical work shall not change the basic melody or the fundamentalcharacter of the work. For example, a music instructor could use a piece ofmusic and change the rhythm or emphasis on certain instruments to showhow this would alter the music. However, the basic melody must still berecognizable.Bupkus! 23. What If I Am Wrong? Its alright, we are all wrong sometime or theother Think critically Do not ruminate on the rights holders opinion See the gray. Defend library user, student, educator, facultyrights to the fullest extent under the law 24. Transformative Uses Recast so something new is created Used to create something for which theoriginal work was not intended Use of work is in kind and amount necessaryto accomplish goal Uses in aggregate to make a point Use is socially beneficial 25. Real Court ExamplesAll Commercial Uses Campbell v. Acuff-Rose Music, Inc. (parody) Blanch v. Koons (collage) Perfect 10 v. Amazon.com (search engine) A.V. et al. v. iParadigms (new purpose) Bill Graham Archives v. Dorling Kindersley (tomake a point or argument) 26. Other Copyright Exceptions Section 108 allows libraries and archives to make copies forlibrary users, interlibrary loan, replacement and preservation Section 109 allows owners of locally acquired copies theright to distribute that copy (library lending, used book stores,garage sales, etc.) Section 110 allows teachers to display or perform works inthe face-to-face classroom and in the digital or distanceeducation classroom via digital networks Section 117 owner of a software program can make a back-up copy Section 121 allows for the making of accessible copies forpeople with disabilities 27. More Copyright Exceptions Section 110 allows teachers to display or perform works inthe face-to-face classroom and in the digital or distanceeducation classroom via digital networks Section 117 owner of a software program can make a back-up copy Section 121 allows for the making of accessible copies forpeople with disabilitiesThese exceptions dont address every situation (go to fair use)These exceptions are not the final word (try fair use) 28. Digital Must assume copyright protection; notice andregistration not required Fair use applies except when . License, terms of use defines what you can dowith the work Implied license sometimes can be presumed Point to work (URL) when possible 29. A way to think through yourcopyright situation this is as concrete as I am going to get Is your desired use of a protected work infringing? What exclusive rights are exercised? Is there a specific exception that allows this use? If not, is this a fair use? If not, can your teaching goal be met in another waythat is not infringing? If not, seek permission. 30. My recommendations Work with your library community Tell them what they can do, before tellingthem what they cannot do Ask why? Why do you want to use this work inthis way? Help make infringing uses, fair uses Make decisions through the librarian lens 31. Things to Remember The four factors of fair use are on a continuum Non-profit educational uses are not always fair The existence of a permissions market does notnegate fair use Copying of entire works is sometimes OK Transformative uses are favored Licensing may affect your user rights 32. Thank You!Carrie Russellcrussell@alawash.org800.941.8478