Copyright and Fair Use

Topics

•The Copyright Quiz•Intellectual Property•What is Copyright?•What is Fair Use?•Common Violations•Guidelines

Intellectual Property

•Intellectual property is the product of the creative mind•Trademarks ®, ™•patents (processes and inventions)•Copyright ©

•music, paintings, sculptures, books, etc…

•Intellectual Property Rights Education Curriculum

•The exclusive rights to a publication, production or sale of the rights to a literary, dramatic, musical or artistic work.

•In other words, “. . . provides the creator of a work . . . the right to control how the work is used." Stephen Fishman, Esq. The Copyright Handbook, 1996

•US Copyright Office – Copyright Basics

What is Copyright?

What Can Be Copyrighted?•original works of authorship fixed in a tangible form (can be retrievable)•if you can see it, hear it and/or touch it

•protection that covers published and unpublished literary, scientific and artistic works

•most original expressions

•literary works, musical works, dramatic works, pictures or graphic works, motion pictures and other audiovisual works, sound recordings, pantomimes, and choreographic works.

How Long Does Copyright Last?•1922 and earlier = public domain•Sonny Bono Copyright Term Extension Act 1998▫70 years after the death of an author

▫Or for corporate authorship the shorter of 95 years from publication or 120 years from creation

What’s Not Protected by Copyright• Works in the public domain.• Ideas and Facts• Words, names, slogans, or other short phrases also cannot be copyrighted. • Trademark laws may protect slogans

Fair Use Policy Guidelines for Educators (not law)•Allows for individuals to use copyright

material based upon (need all four elements to claim fair use):•The purpose and character of the use

•Teaching (nonprofit), criticism/comment•The nature of the copyrighted work

•Fact/Fiction•The amount used in relation to the

copyrighted work, substantiality and “essence of the work”

•The effect of the use upon the market

What Should Be Avoided?

•Making multiple copies of different works instead of purchasing books.

•Copying and using the same works from semester to semester.

•Copying the same material for several different courses.

•Do the (Copy)right Thing•Copy Wrongs•A Teacher's Guide to Fair Use and Copyright

Common Violations

• Reproduction of Music• Taping plays without permission• Off Air Taping (TV)• Must be at teacher’s request• 45 day retention-10 day for presentation

rule• Reproduction of Consumables• Sending copyrighted material in an email• Links (need to show URL’s)

When Should You Seek Permission??

•When you intend to use the materials for commercial purposes.

•When you want to use the materials repeatedly.

•When you want to use a work in its entirety and it is longer than 2,500 words (substantiality).

•Jeffco Public School – Copyright Guidelines

Tips for the Internet(No Specific Guidelines as of 2003)• Internet Service Providers (schools)

infringement exposure is limited – not extended to individuals in the schools (Digital Millenium Copyright Act)

•Always credit the source of your information• The Internet IS NOT the public domain.

•Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.

Resources• U.S. Copyright Office • The Copyright Site• Copyright and Fair Use Guidelines for Teach

ers• What Every Teacher Should Know About Cop

yright• A variety of articles discussing copyright and fair

use:• Copyright and Fair Use • Promoting the Fair Use Guidelines for Educational

Multimedia• Schools, the Internet, and Copyright Law

Sites for Teaching

•Plagiarism Workshop webquest•Considering Copying•Copyright Crash Course•The Copyright Website•Copyright Kids• Cyberbee• iSafe• Anti-Plagiarism webquest • A Visit to Copyright Bay

Sources for Citing

•easybib•Citation Machine•Citation Maker