Copyright Law, Fair Use, & Best Practices for Educators and Youth Services Librarians

Michelle Cates [email protected] @LeaderLibrarian

Permissions

Licensed Works

Media Literacy

Academic Ethics

Citation

Plagiarism

Copyright

Fair Use

4 Factors Test

Public Domain

Digital Collections

Level of Access

Basic Terms Legal Terms Considerations

Media Literacy

Academic Ethics

Citation

Plagiarism

Basic Terms Viewing and communicating mass media, popular culture, and digital media

Not law. Good faith practices.

Referencing the original source

Claiming an author’s works as your own by copying without citing.

Constitution: Article 1, Section 8

Copyright Law of 1976

Digital Millennium Copyright Act

“Best Practices” redefined by •  Educators •  Research libraries •  Open Source software designers •  Documentary film makers

TEACH Act

Defined

Owner’s exclusive rights to: Reproduce, copy, distribute, publicly perform/display, create derivatives

70 years from author’s death

Original works

Print: articles, books, newspapers, sheet music Non Print: software, movies, photos, artwork, music Web: Blogs, podcasts, web pages

Exceptions

Public domain Fair Use Non-copyrightable works- facts, ideas, processes

Christine Fruin “Copyright and Fair Use.” ufdc.ufl.edu/trc/copyright


Exemption from exclusive owner rights for:

•  Education

•  Parody

•  Criticism

•  News reporting

•  Research

Exclusive Rights Fair Use

Spontaneous

Transformative

Educational

Repetitive Reproduction

Commercial


Orphan work

No viable market

Ready market


Not supplemental

Essential to course

Small Quantity

“Heart of the Matter”

Large quantity


Factual

Technical

Artistic or creative

Purpose and Character of Use

Amount of Work Used

Nature of the Work

Effect on the Market

No one factor determines fair use – consider the four together


1900

Use Fair Use 1975

Before 1923

Federal Government

Before 1923

Federal Government US Department of Agriculture

Use Fair Use

University of Florida

Before 1923

Federal Government

1900 US Govt. Printing Office

Use Fair Use

1987 USSR

Copyright Status Permissions Overview

Fair Use Attribution of Source

Citations in a CV Public Domain

Clear Restrictions

Databases

Subscriptions

Creative Commons

Pool of content that can be copied, distributed, edited, remixed, and

built upon, all within the boundaries of copyright law.

Closed Online Classroom

Presentations

Hardcopies

Assemblies

Closed-circuit TV

Physical Closed Online Public Online

Classroom Use

Presentations

Hardcopies

Assemblies

Closed-circuit TV

Blackboard Course

Edline Class

Edmodo

District Vodcast

Glogster

Prezi

School Tube

Personal Website

School Website

Employing

copyrighted

material in media

literacy lessons

Limitations •  Must be relevant to the topic

•  Amount only what is necessary

•  When possible, provide proper attribution

•  Provide reasonable protection against third-party access and downloads.

Lessons

Code of Best Practices in Fair Use for Media Education

Employing

copyright material

in preparing

curriculum

materials

Limitations •  Meet professional standards for

curriculum development

•  Materials include: •  objectives •  instructional practices •  assignments •  assessment criteria

•  Amount only what is necessary


Materials


Sharing media

literacy curriculum

materials

Limitations •  Meet educational objectives •  Amount only what is necessary

•  Seek permission for promotion materials (not fair use)

•  License agreements trump fair use


Sharing


Limitations •  Should not substitute creative

effort

•  Students should developmentally be able to demonstrate how use repurposes or transforms original


•  Encourage students to make their own assessment of fair use

Student use of

copyrighted

materials in their

own academic &

creative work

Student Use


Limitations •  Closed access more likely to

suggest fair use

•  Public sharing: •  model real-world permissions •  distinguish between public domain, licensed, and copyrighted material

•  privacy of subjects •  discuss ethical & social issues

Developing

audiences for

student work

Audiences


Sources §  Copyright Logo: http://www.cwu.edu/~guidryr/piratecopyright.html §  Student-Computers :

http://office.microsoft.com/en-us/images/results.aspx?qu=student+computer&ex=1#ai:MP900422593|

§  Grimm’s Catalog Imges http://ufdc.ufl.edu/grimm/all

§  Newspapers: §  http://ufdc.ufl.edu/fdnl1/results/?t=key+west%20druggist,,,&f=ZZ,+TI,+AU,+TO §  http://ufdc.ufl.edu/fdnl1/results/?t=1975,,,&f=ZZ,+TI,+AU,+TO

§  Aerial Images and Maps §  http://ufdc.ufl.edu/UF00071757/00015/citation §  http://ufdc.ufl.edu/UF00016928/00001/citation?search=2000

§  Digital Library of the Caribbean §  Translation of the Penal code in force in Cuba and Porto Rico http://ufdc.ufl.edu/UF00074437/00001/1j?n=dloc §  10 years of Soviet Antarctic exploration http://ufdc.ufl.edu/UF00047959/00001