Copyright LawFair Use

First let’s see how much you know.

• http://www.csus.edu/indiv/p/peachj/edte230/copyright/quiz.htm

• Go to this website. Take the quiz. Write down the numbers of the ones you missed and your score.

What can be copied?• Literary Works (printed materials, workbooks, manuals,

periodicals, etc.)

• Musical/Dramatic Works/Pantomimed and choreographed works (songs, operas, plays, etc.)

• Pictorial, Graphics, Sculptural Works (maps, globes, charts, models, etc.)

• Motion Pictures and Audiovisual works (slide/tape, multimedia presentations, etc.)

• Sound Recordings (records, tapes, disks, etc.)

Things Have Changed…21st Century

Classrooms– Access to resources

– Digital technology

– Real-life publishing

– Blogging

– Podcasting

– Wikis

21st Century Issues

– Appropriate Use

– Fair Use

– Intellectual Property

Review Of Copyright

• Copyright Act of 1976

• “Copyright owners have the right to reproduce, prepare derivative works, distribute, perform, display, transfer ownership, rent or lend their creations.”

What is Fair Use?

• A provision of the copyright law that allows copying of materials without violation of copyright.

• Fair use allows limited copying for the sake of research and teaching.

Ways to Avoid Violations

• Limit use of copyrighted materials in your classroom

• Give proper credit

• When in doubt, get permission

• Assume it is copy written! So follow the four standards.

Fair Use GuidelinesFour Standards

• Purpose and Character of Use– Must be for nonprofit educational purposes

• Nature of the Work– Is the work published or unpublished– Is the work out of print– Is the work creative or factual

• Amount Used– When looking at the copyrighted work as a

whole

• Effect of Use– Will using it take money away from the creator

Teach Your Students About Copyright and Fair Use

• Do training.

• Give rules (printing, access) AND guidelines (evaluation skills, appropriate use).

• Make sure you monitor students at all times.

• Interact with students as they work.

What Can I Use?• Logical, comprehensive compilations (telephone books)• Unoriginal reprints of public domain works

Materials or reprints of materials in the public domain (all prior to 1923; most between 1923-1963)Chart of Works in the Publc Domain, http://www.unc.edu/~unclng/public-d.htm

• Freeware (not shareware)• Most U.S. government materials• Facts• Ideas, processes, methods, and systems described in

copyrighted materials

Public Domain

• Public Domain Images will sell you public domain materials: http://www.pdimages.com/

Software

• If you buy one, then only install one

• No more than one user at a time

• May be allowed to install it on a computer at home and work provided no simultaneous use.Buy a site license or multiple copies if that’s how you plan to use it

Students May…

• Use lawfully acquired copyrighted works when producing their own educational multimedia projects for a specified course

• Perform and display their own projects in the course

• Retain them in their own portfolio

Educators May…

• Use lawfully acquired copyrighted works when producing their own educational multimedia projects to support their teaching needs

• Retain them indefinitely for workshops or portfolios

• Retain them for two years for classroom use

Videos in the ClassroomOff-air Guidelines:

• May by kept for 45 days; after this it should be erased

• May be shown only within the first 10 days and only twice

• Off-air recordings may be made only at the request of and used by a teacher. No broadcast program may be recorded off the air more than once at the request of the same teacher, regardless of the number of times that the program is broadcast.

• Duplicate copies may be made if requested by several teachers.

Other Video Issues

• You can not show a video for entertainment or reward under Fair Use: You need to get a license from a distributor or the Motion Picture Licensing Corporation (http://www.mplc.com)

• May use part of a legal copy of a movie in the classroom for instructional purposes.

Single Copy of Printed Material

• A chapter from a book

• An article from a magazine or newspaperA short story, short essay, or short poemA chart, graph, diagram, drawing, cartoon, or picture from a book

Restricted UseMotion Media

Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work

Text Material Up to 10% or 1000 words, whichever is

less, of a single copyrighted work of text.

Restricted Use

• Text Material - Poems– An entire poem of less than 250 words

– but no more than three poems by one poet,

– or five poems by different poets from any single anthology.

• In poems of greater length:

• up to 250 words

• but no more than three excerpts by a single poet

• or five excerpts by different poets from a single anthology.

Restricted UseMusic, Lyrics, and Music Video– Up to 10%

– but no more than 30 seconds of music and lyrics from a single musical work

– Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

Illustrations and Photographs– A photograph or illustration may be used in its entirety.

– No more than 5 images by an artist or photographer.

– Not more than 10% or 15 images, whichever is less, from a single published collected work.

Most common remark:

“But it’s on the Web…”

• Internet access does not mean works can be reproduced and used without permission or license.

• Some copyrighted works may have been posted without copyright holder’s permission.

It’s Not Easy…

• Read the rules.

• Follow the rules.

• Ignore what others are doing.

Copyright/Fair UseWebsites That Can Help

• Chart to use:

• http://home.earthlink.net/~cnew/research.htm#Fair%20Use%20Matrix%20for%20Teachers

• Websites to use:http://home.earthlink.net/~cnew/research.htmhttp://www.copyright.iupui.edu/fairuse.htmhttp://www.umuc.edu/library/copy.shtmlhttp://www.stfrancis.edu/cid/copyrightbay/index.htm

Let’s see how much you learned.

• http://www.csus.edu/indiv/p/peachj/edte230/copyright/quiz.htm

• Take the quiz again. Hopefully you improved!