Copyright for Educators and Students

Compiled by Cayla Armatti, North Pole High School, 2014

This presentation is meant as an introduction to Copyright. This is not a legal guide. Copyright law is very complex, and most issues are sent to a judge for decision. The information here has been garnered from expert sources. Please use common sense, and err on the side of caution. Cayla A. Armatti 2014

What is “Copyright”?

Copyright is a form of legal protection to safeguard the intellectual property of people who create it.

The law was written into the US Constitution as a way to promote inventing and creating, assuring the owners that their work would be protected from unlawful use by others.

Exclusive Rights of Copyright Owners

Make copies and distribute the work (Example: Selling copies of a music CD.)

Create new works based on the original (Making a movie from a book).

Perform or display the work in public. (Concert)

What Types of Work are Protected by Copyright Law?

Literary works

Music and lyrics

Dramatic works and music

Pantomimes and choreographic works

Photographs, graphics, paintings and sculptural works

Motion pictures and other audiovisual works

Video games and computer software

Audio recordings

Architectural works

What is NOT protected by Copyright Law

Unfixed works that have not been recorded in a tangible, fixed form (e.g., a song you made up and sang in the shower)

Work in the public domain (see below)

Titles, names, short phrases, and slogans; familiar symbols or designs; numbers

Ideas and facts

Processes and systems (e.g., the Dewey decimal system)

Federal government works (e.g., the tax code)

If I have an idea, is it copyrighted?

Ideas are not copyrighted until they have a tangible form. They must be written or in some way recorded.

If you write an original poem on a napkin it is protected by copyright law.

Every original idea on the internet is copyrighted. The challenge is in finding the original appearance of that drawing, song, poem, or meme.

Who owns the copyright?

The creator or author The creator or author’s heirs if he is

deceased. When two persons create a work together

they share ownership, unless there is a legal statement to the contrary.

The author may sign over or sell the rights to another individual.

What is Online Piracy?

Piracy is the illegal downloading or copying of another person’s work from the Internet.

This can be through peer-to-peer sharing sites, or by right-clicking and saving anything you do not have permission to borrow.

You can avoid a violation by using fair use guidelines.

How Long does Copyright Last?

For original works created after 1977, copyright lasts for the life of author/creator + 70 years from the author’s death for his/her heirs.

What is Licensing?

Licensing is when a copyright owner gives a person or organization permission to use their work, usually in exchange for a fee. An example would be when a song is sold for use in a TV advertisement.

Limitations on Copyright

There are several limits on copyright(These are special conditions which allow a user to use a copyrighted work without permission):

Fair UseFirst SalePublic Domain

The next few slides will give more detail about each of these.

Limitation 1: Fair Use

Fair Use allows someone to use a copyrighted work under special circumstances. This is the most important condition affecting educational use of music, photos, literature, and more.

Four Factors Affecting Fair Use

A judge would look at these factors if someone claimed their work was stolen.

1. The purpose of the use (Why are you using someone else’s creation?)

2. The nature of the original. (Was it creative or factual)

3. The amount used.

4. Effect on the value, or the owner’s right to earn an income.

1. Fair Use: Purposes of the Use(Why are you using someone else’s work?)

Is the new work an exact copy, or have you used the information in a new creative way?

Will you make money off of the copy, or is the use for education or non-profit purposes?

2. Fair Use: The Nature of the Original

Was the original work creative or factual?

Facts are more difficult to “own”, so using a highly creative work without permission would be more likely to cause a problem for a user.

3. Fair Use: The Amount Used

Are you using a few seconds of a musical piece, or a few paragraphs of a literary work, or are you copying the work in its entirety?

4. Fair Use: Effect on the value, or the owner’s right to earn an income.

Using a small portion of a work is less likely to be problematic than making a copy of an entire work.

Limitation 2: First Sale

First Sale allows a person who buys an original work the right to resell it. If you purchase a Music CD or a DVD, you do not own the copyright, but you do have the right to resell it (to a friend, to a used books store, in a yard sale, etc)

Limitation 3: Public Domain

Public Domain is work that is not covered by Copyright for one of several reasons:

The copyright may have expired.

The creator may have put the work into the public domain voluntarily.

Works that are not copyrightable: Titles, names, ideas and facts, government works and documents.

For example, you can use the word “Coca Cola” in a short story without permission, but you couldn’t rename a creation (a new beverage) “Coca Cola”.

Why is it Important for Educators and Students to know about Copyright law? Educators should know the law in order to set a

good ethical example for students. No one wants to get fine or sued, or have to pay penalties, and often these things happen because someone simply did not know their action was illegal.

A school librarian’s job description includes requirements for educating school staff and students about copyright limitations.

So how can we use copyrighted works in a school setting?

In school we pay close attention to the Fair Use Guidelines.

Purpose

The nature of the work

The amount used

The impact on the owner to profit

Some general guidelines have been developed. These are recognized, but are not part of the law. Use all copyrighted works with caution and common sense.

Educators can use Copyrighted Materials:

When it is obtained legally It is used for curriculum based

instructionCredit is given, sources are cited

Students may use copyrighted works:

For educational projects It must be copied legally May be used for job interviews,

college/school interviews as a part of a portfolio of work.

Must adhere to the Fair Use guidelines. Credit is given, sources are cited

Educational use Guidelines:Time Limitations

Up to two years from when created/first use

Educational use Guidelines:Portions of Original

3 minutes or up to 10% (whichever is less) of a motion media work

1000 words or 10% of a book (1 chapter, 1 poem) 30 seconds of music, video, or lyrics from a

musical work Photographs/Illustrations: No more than 5 by an

individual artist, 10% up to 15 works from a collective source (like photos from a book on New York artists)

What is Not Covered by Fair Use -Meaning… Permission is Required

Permission should be obtained from the original artists/creator:For non-educational or commercial

purposesBefore making many copiesBefore distributing

Other Options

There are websites that offer copyright free music and art for use in presentations and multimedia artwork.

You can search for Creative Commons works that allow use for various purposes.

Creative Commons

Creative Commons is an organization that allows you license and signify how others may use your original work featured online.

You can choose how you will allow your work to be used. They must use it as is. They can adapt it. They can make copies. For more information see:

http://creativecommons.org/

Sources Used

"Creative Commons." Creative Commons. Creative Commons. Web. 11 Dec. 2014. <http://creativecommons.org/>.

Harper, Georgia. "Fair Use Guidelines for Educational Multimedia." Fair Use Guidelines for Educational Multimedia. University of Texas Libraries, 1 Jan. 2007. Web. 11 Dec. 2014. <http://copyright.lib.utexas.edu/ccmcguid.html#1>.

"Teaching Copyright." Teaching Copyright. Electronic Frontier Foundation. Web. 11 Dec. 2014. <http://www.teachingcopyright.org/>.

"Welcome To The Copyright Kids Site." Welcome To The Copyright Kids Site. The Copyright Society of the U.S.A, 1 Jan. 2007. Web. 11 Dec. 2014. <http://www.copyrightkids.org/>.

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Cayla Armatti and Fairbanks NorthStar Borough Schools, 2014