Transcript Copyright and Fair Use for educators

Copyright and Fair Use
What you need to know!
Understanding COPYRIGHT
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“All tangible, creative works are
protected by copyright immediately
upon creation.”
Quoting or crediting the author of a
copyrighted work does not satisfy
copyright requirements
Try to get permission!!!
Star, Linda. "The Educator's Guide to Copyright and Fair Use."
Education World 23 Aug. 1999. 5 Mar. 2009 <http://www.educationworld.com/a_curr/curr280.shtml>.
What is a Copyrightable Work?
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Must be TANGIBLE
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Has to be written or captured in some format
(video, music, etc)
Must be CREATIVE
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Facts are not copyrightable
Still need to cite source, but citing is sufficient
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Public domain works are excluded – try to
use an image in the public domain
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Cite everything thoroughly!! (for teachers
too!!)
Public Domain
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Government agency
Library of Congress image collections
Image from a school or public library
database
STILL MUST CITE THE IMAGE – the
“public domain” images simply allow
them to be used, but they still must be
cited properly
Get permission if possible
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Permission Email –
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Mr. Noecker – Math website
http://www.landmark-project.com/permission1.php
Posted with permission of Bill Amend
Can you use copyrighted
works in your projects?
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Fair Use guidelines
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Allows for certain uses of copyrighted
material, even without written
permission of the author
NOT EVERYTHING
Not a license to just steal anything
because it is for educational use – still
guidelines need to be followed
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What is the Doctrine of Fair Use?
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The Doctrine of Fair Use states the
right to use copyrighted materials
freely without payment or
permission for purposes such as
“criticism, comment, news-reporting,
teaching, scholarship, or research,
is not an infringement of copyright.
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Section 107; Copyright Act of 1976
Understanding FAIR USE
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Copyright Law 1976 – factors to
determine fair use
1. Purpose and character of the use,
including if it is commercial or for nonprofit
educational use
2. Nature of copyrighted work
3. Amount and substantiality of the portion
used in relation to the copyrighted work as a
whole
4. Effect of the use upon the potential
market for or value of the copyrighted work
Transformative Use is Fair Use
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Transformative nature of the use of the
copyrighted work
Is the work transformed by the end
product?
How is it used?
To be “fair use”, must be
transformative use
Online Posting (websites)
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Watch what you post
Different to post publicly
copyrighted material versus private
use
When Creating Websites
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You should:
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Fully credit all sources for text, images, videos,
music (or they are violating copyright laws)
State at bottom of page that materials are
included under fair use guidelines
Only use what is necessary for
educational/academic goal
Product should meet transformative standard
Cite images either: directly below image or
separate page that is linked to each image
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Internet is NOT public domain
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INTERNET IS NOT
PUBLIC DOMAIN
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Copyrights still apply, even if a work is
available online
Cannot just copy and paste
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FAIR USE – 2 Questions
 1. Did the use transform the
work?
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2. Was the material taken
appropriate in kind and
amount?
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Did it follow the guidelines?
Did the use cause any financial harm to the
owner?
Did the user act reasonably and in good faith?
FAIR USE
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Keep in mind these points:
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Apply to all forms of media
Apply in school and non-school settings
Concern the unlicensed fair use of copyrighted
materials for education, not the way those
materials were acquired
Subject to a “rule of proportionality” – taking
just what is needed to accomplish an
educational purpose
"Code
of Best Practices in Fair Use for Media Literacy Education." Center
for Social Media. School of Communication, American University. 5 Mar.
2009 <http://www.centerforsocialmedia.org/medialiteracy>.
Cite all materials!!!
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http://www.easybib.com
FAIR USE –For more information
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http://copyrightconfusion.wikispaces.com/archive
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http://www.slideshare.net/reneehobbs/finally-theend-to-copyright-confusion-has-arrivedpresentation
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http://www.copyright.gov/title17/92chap1.html#107
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http://www.centerforsocialmedia.org/resources/pu
blications/code_for_media_literacy_education/
References
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“The Code of Best Practices in Fair Use for Media Literacy
Education." Center for Social Media. School of
Communication, American University. Nov. 2008. 5 Mar. 2009
<http://www.centerforsocialmedia.org/medialiteracy>.
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Star, Linda. "The Educator's Guide to Copyright and Fair Use."
Education World 23 Aug. 1999. 5 Mar. 2009
<http://www.education-world.com/a_curr/curr280.shtml>.
COPYRIGHT QUIZ
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http://tinyurl.com/copyrightquiz
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Test your copyright knowledge!!