Copyright LawA Brief Overview for Teaching

Professionals

By: Aimee Pearce

What Teachers Should Know:

I. Copyright Law-Who does it protect and why?

II. Fair Use-What is it? How are teachers protected under this policy?

III. TEACH ACT-To whom does it apply?

IV. Creative Commons-Great resource for teachers and students!

I. Copyright-The Basics

Copyright protects the particular way an author has expressed himself (U.S Copyright Office, 2009).

It does not extend to any ideas, systems, or factual information conveyed in the work (U.S. Copyright Office, 2009).

Copyright law is intended to promote innovation and progress for the common good (the good of U.S. citizens) (Topic a, 2009).

Congress dramatically extended the maximum copyright term to the life of the author plus 70 years (to a maximum of 120 years) (Topic a, 2009).

Rights of Creators

Please follow the link below to view a brief video containing more information about the rights of creators as well as determining the copyright ability of given works.

http://www.lib.byu.edu/departs/copyright/tutorial/videos/vid1.htm

Works protected by copyright include the following categories:

Literary works Musical works, including any accompanying words

Dramatic works, including any accompanying music

Pantomimes and choreographic works

Pictorial, graphic and sculptural works

Motion pictures and other audiovideo works

Sound recordings Architectural works

Figure 1. Bollinger Law Firm Copyrights Protected Chart

Copyright-Protect Yourself

“The safest course is always to get permission from the copyright owner before using copyrighted material.” (U.S. Copyright Office-Fair Use, 2009, p.2)

“When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation.” (U.S. Copyright Office-Fair Use, 2009, p.2)

Understanding “Fair Use”

“Fair Use” is the idea that limited borrowing from the work of others was acceptable when that borrowing produces something new and useful (Cohen & Rosenzweig, 2006).

Enables others to utilize creations and portions of works for the sharing of ideas and expressions (Cohen & Rosenzweig, 2006).

What is considered “fair use”?

According to the U.S. Copyright Office, “The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may be safely taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission” (2009, p.2).

Is It Fair?

Section 107 of copyright law contains a list of purposes for which reproduction of a particular work may be considered fair such as:

Criticism Comment News reporting Teaching *** Scholarship Research

(U.S. Copyright Office, 2009)

Fair Use- Section 107 factors to be considered in

determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.

2. The nature of the copyrighted work.3. The amount and substantiality of the portion

used in relation to the copyrighted work as a whole.

4. The effect of the use upon the potential market for, or value of, the copyrighted work.

(U.S. Copyright Office, 2009)

Fair Use Resources

Below are some links to resources that will assist you, as educators, in determining whether you are legally within your rights under Section 107 of copyright law. Please view them paying particular attention to the checklists used by universities in determining what is covered under fair use.

1. Columbia University Libraries on Fair Use-Be sure to check out the PDF version of the checklist

http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/

2. University of Indiana-information on Fair Use and additional checklist

http://www.indiana.edu/~tltc/fair_use.html

III. The TEACH ACT

Technology, Education, and Copyright Harmonization Act

Signed by President Bush on November 2, 2002

Purpose-to balance the needs of distance learners and educators with the rights of copyright holders.

Applies to distance education that includes the participation of any enrolled student, on or off campus.

(Copyright Clearance Center, 2005)

The TEACH Act Benefits:

1. Instructors may use a wider range of works in distance learning environments

2. Students may participate in distance learning sessions from virtually any location

3. Participants enjoy greater latitude when it comes to storing, copying and digitizing materials

(Copyright Clearance Center, 2005)

TEACH Act Requirements

In exchange for unprecedented access to copyright-protected material for distance education, the TEACH Act requires that the academic institution meet specific requirements for copyright compliance.

(Copyright Clearance Center, 2005)

Please follow the link below for a full listing of the requirements as well as additional copyright legislation:

http://www.copyright.gov/legislation/archive/

IV. Creative Commons

A non-profit organization that allows copyright holders to make their work freely available without having to grant permission for every request.

This is done through licensing that specifies conditions under which copyrighted material can be used.

Materials taken from Creative Commons or similar sites can often be used by simply paying attribute to the author(s). The next two slides contain videos taken from the Creative

Commons website to further explain the purpose and benefits of organizations such as Creative Commons.

Videos were retrieved from the following link: www.creativecommons.org/videos

A Shared Culture-by Jesse Dylan

Creative Commons- Wanna Work Together?

Creative Commons

To learn more about Creative Commons and the valuable resources available, please follow the link below to connect to their official website:

http://www.creativecommons.org

References

Cohen, D. J., & Rosenzweig, R. (2006). Digital history: A guide to gathering preserving, and presenting the past on the web. Philadelphia, PA: University of Pennsylvania Press. Retrieved from http://chnm.gmu.edu/digitalhis tory/copyright Copyright Clearance Center. (2005). New roles, rules and responsibilities for academic institutions. Retrieved from www.copyright.com/media/pdfs/ CR- Teach- Act.pdf Dylan, J. A shared culture. [video]. Retrieved April 12, 2010 from http://creativecommons.org/videos/ a- shared- culture

References

The Bollinger Law Firm, LLC. Web 2.0 technology and copyright issues [Figure 1]. Retrieved from www.bollingerlawfirm.com Topic a: Intellectual property or imaginary property. (2009). In Social and Ethical Issues in Distance Learning. Wilkes University. Retrieved from http:// moodle1.wilkes.edu/mod/ resource/view.php?id=5483 Wanna work together? (2006). [video]. Retrieved April 12, 2010 from http://creativecommons.org/videos/wanna- work- together U.S. copyright office- Fair use. (2009). Retreived April 6, 2010, from http://www.copyright.gov/fls/f 1102.html