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Copyright in a Digital Age
February 2008
PETE & C
Susan E. Kell
Contact Information
Susan E. Kell
Instructional Advisor for Library Media
West Shore School District
507 Fishing Creek Road
Lewisberry, PA 17339
717.932.1845
[email protected]
http://classrooms.wssd.k12.pa.us/webpages/SKell/index.cf
m?subpage=17348
Let’s start with a short quiz!
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Don’t call out the answers.
I’ll supply the correct answer after
everyone has a chance to select their
answer.
Which of the following are
copyrighted?
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A song you write
Your lesson plans
A book report written by a student
A photograph you take of your pet cat
The home video from your last family
reunion
Which of the following are
copyrighted?
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A map of Yellowstone on the National
Park Service’s web site
A map on Google maps
A map you draw of your neighborhood
Which of the following are
copyrighted?
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The original musical scores written by
Mozart
The Peter Rabbit and friends books written
by Beatrix Potter
Mickey Mouse
What is Copyright?
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A form of protection provided by law in the
United States to authors of original works.
Copyright gives an author
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The right to reproduce and/or distribute their
work
The right to display or perform their work
publicly
The right to prepare derivatives of the original
work
What Materials are Copyrighted?
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Anything that you create is automatically
copyrighted.
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Written works
Sound recordings, song lyrics and/or music
Works of art
Video and motion picture works
Architectural works
How do you copyright work?
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Just the fact that you created a work
means it is copyrighted (since 1978)
You do not need to use the ©
Works created before 1978 could be
copyrighted by publishing the work with
the © symbol
Registering Copyrighted Works
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In order to file a copyright infringement
lawsuit, a creative work must be registered
with the U.S. Copyright Office.
The cost is nominal.
You will need to send 1-2 copies of the
work with your application and these
copies will not be returned.
Fair Use Guidelines
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Are a part of the US Copyright Act.
Allow teachers and students the ability to
use copyrighted materials for educational
purposes.
There is a four part test that determines if
the use of a copyrighted material is fair
use.
The Four Factors that Determine
Fair Use
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The purpose and character of the use
The nature of the copyrighted work
The amount of the work used
The effect of the use on the marketplace
There is no legal, definitive list of
what constitutes fair use
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Charts have been made by several
organizations to try to quantify how much
of an item can be used under fair use.
The only true test of whether the
educational use of a copyrighted work
constitutes fair use is the court system.
There are some alternatives to
Copyright
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Creative Commons provides an alternative for
licensing works
There are some alternatives to
Copyright
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Copyleft is an organization like Creative
Commons
What is a Digital Resource?
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Web site
Information stored on a computer-type device
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Desktop or laptop computer
Digital still or video camera
iPod, MP3 player, GPS device
Cell phone, PDA
Information stored on a USB drive, DVD, or CD
How are Digital Resources
Different?
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Digital Millenium Copyright Act
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Updates copyright law for the digital world.
Makes tampering with security features that
prevent duplication of copyrighted works
illegal.
Allows some rights for libraries to make
archival copies in some cases.
Provides fair use of digital resources for
educational purposes.
How are Digital Resources
Different?
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TEACH Act
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Provides framework for use of digital copyrighted
materials in Distance Education.
Copies of materials used must be lawfully obtained.
Materials must be part of the planned instructional
program.
Access to copyrighted materials must be limited to
class members (passworded, Intranet, etc.).
Licensing Content
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Many companies license their content to
educational and corporate entities.
Licensing is the right to use materials under the
term of the license agreement.
Licenses for online content are usually for one
year with renewals needed for subsequent years
of use.
The purchaser of the license must agree to the
terms of use for that license.
What Types of Resources are
Licensed?
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Online databases such as World Book
Online, eLibrary, etc.
Computer software (Microsoft Office, iLife,
iWork, Adobe Creative Suite, etc.
What about Digital Video?
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Some online databases contain embedded
digital video clips.
Always purchase from an educational reseller.
Look for copies with public performance
licenses.
Digital video can be licensed through Movie
Licensing USA for entertainment purposes in
education.
Consider licensing content through a provider
like United Streaming or Safari Montage.
How can students and teachers
use images/video legally in projects
or instructional materials?
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Use online databases licensed by your school
district.
Use images/video in United Streaming or a
similar digital multimedia service.
Use a web site like flickr and look for photos that
have Creative Commons licensing.
Ask permission from the copyright holder.
Check out this video
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http://www.youtube.com/watch?v=CbVSY
J-I8x8
Copyright for Music
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Several types of copyright protections
apply to music.
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Musical scores can be copyrighted.
Words of songs can be copyrighted.
Performances of music can be copyrighted.
Any or all of the above may apply to a
particular piece of music.
And what about music?
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Royalty free music collections are
available for purchase from companies for
educational use. The Internet is filled with
a variety of options.
www.RoyaltyFreeMusic.com
www.soundzabound.com
And what about music?
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Encourage students to use royalty free
music found on the following web sites:
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www.projectplaylist.com
http://copyrightfriendly.wikispaces.com/Copyri
ght-friendly+music+and+sound
http://www.pdinfo.com/record.htm
http://www.personal.kent.edu/~gmote/audtuts/
index.html
http://www.squidoo.com/freesounds/
And what about music?
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Encourage students to use royalty free music
found on the following web sites:
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http://www.royaltyfreemusic.com/free-music-clips.html
http://simplythebest.net/sounds/MP3/sound_effects_M
P3/people_mp3.html
http://www.garageband.com/htdb/index.html
http://www.pacdv.com/sounds/
http://freesound.iua.upf.edu/
http://www.podsafeaudio.com
What should educators really
know?
Part 1
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Fair use of copyrighted materials must be
an integral part of a class.
Movies shown as a reward do not qualify
as fair use.
Rampant duplication of materials instead
of purchasing instructional materials is not
fair use (effect on the market).
What should teachers really know?
Part 2
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Encourage students to use online databases to
find images and video used in student projects
(Power Library or locally funded).
Discourage surfing the Internet for factual
information and images for student projects.
Encourage the use of government sites for
images.
What should teachers really know?
Part 3
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Citing a work is not the same as having
permission to use the work.
Asking for permission to use is always a
good option.
Copying a work and changing a few words
is not fair use.
Students have broader rights under fair
use than teachers.
Beware of Web Content
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Unless you know the owner of the web site to be
a reputable company, beware of any “free”
images or music.
Realize that web site owners sometimes embed
spyware or other unwanted software in content
from their site.
Don’t allow students to use content from any
web site that requires them to register and
provide personal information.
Final Advice to Educators
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We must understand the basics of copyright.
We have a responsibility to model compliance to
copyright.
We should always ask for permission to use
works that are likely not fair use.
We must insure that students use information for
projects in an ethical manner.